Admitting a loved one to a nursing home can be very stressful. In addition to dealing with a sick family member and managing all the details involved with the move, you must decide whether to sign all the papers the nursing home is giving you. Nursing home admission agreements can be complicated and confusing, so what do you do?
It is important not to rush, but rather to read. Read the agreement carefully because it could contain illegal or misleading provisions. If possible, try not to sign the agreement until after the resident has moved into the facility. Once a resident has moved in, you will have much more leverage. But even if you have to sign the agreement before the resident moves in, you should still request that the nursing home delete any illegal or unfair terms.
Two items commonly found in these agreements that you need to pay close attention to are a requirement that you be liable for the resident's expenses and a binding arbitration agreement.
Responsible party
A nursing home may try to get you to sign the agreement as the "responsible party." It is very important that you do not agree to this. Nursing homes are prohibited from requiring third parties to guarantee payment of nursing home bills, but many try to get family members to voluntarily agree to pay the bills.
If possible, the resident should sign the agreement him- or herself. If the resident is incapacitated, you may sign the agreement, but be clear you are signing as the resident's agent. Signing the agreement as a responsible party may obligate you to pay the nursing home if the nursing resident is unable to. Look over the agreement for the term "responsible party," "guarantor," "financial agent," or anything similar. Before signing, cross out any terms that indicate you will be responsible for payment and clearly indicate that you are only agreeing to use the resident's income and resources to pay.
Arbitration provision
Many nursing home admission agreements contain a provision stating that all disputes regarding the resident's care will be decided through arbitration. An arbitration provision is not illegal, but by signing it, you are giving up your right to go to court to resolve a dispute with the facility. The nursing home cannot require you to sign an arbitration provision, and you should cross out the arbitration language before signing.
Other provisions
The following are some other provisions to look out for in a nursing home admission agreement.
Private pay requirement. It is illegal for the nursing home to require a Medicare or Medicaid recipient to pay the private rate for a period of time. The nursing home also cannot require a resident to affirm that he or she is not eligible for Medicare or Medicaid.
Eviction procedures. It is illegal for the nursing home to authorize eviction for any reason other than the following: the nursing home cannot meet the resident's needs, the resident's heath has improved, the resident's presence is endangering other residents, the resident has not paid, or the nursing home is ceasing operations.
Waiver of rights. Any provision that waives the nursing home's liability for lost or stolen personal items is illegal. It is also illegal for the nursing home to waive liability for the resident's health.
A certified elder law attorney can clarify all of your options.
Source: www.elderlawanswers.com
Thursday, July 12, 2007
Tuesday, May 22, 2007
Congress Approves Resolution Fixing Estate Exemption at $3.5M
The House and Senate have approved a $2.9 trillion budget resolution that would keep the estate tax at where it will be in 2009 under the current law. This means that the per-person estate tax exemption would be $3.5 million ($7 million for a married couple) and the top tax rate would be 45 percent.
Congress's vote for the nonbinding budget blueprint sets guidelines for it to follow when writing tax and spending legislation later this year. The House passed the measure by a 214-209 vote without a single Republican voting for it. The Senate vote was 52-40 in favor, with Republicans Olympia Snowe and Susan Collins of Maine joining Democrats in voting yes. The budget doesn't have the force of law and any changes to the estate tax would have to be made through subsequent legislation, but it is a clear sign of congressional sentiment.
The estate tax is set to expire in 2010, followed in 2011 by a return to 2001 levels, with an individual exemption of $1 million and a top tax rate of 55 percent. In the last Congress, Senate Republicans fell four votes short of a measure that would have increased the estate tax exemption to the first $5 million of an individual's estate and would have lowered the top estate tax rate to 35 percent.
Congress's vote for the nonbinding budget blueprint sets guidelines for it to follow when writing tax and spending legislation later this year. The House passed the measure by a 214-209 vote without a single Republican voting for it. The Senate vote was 52-40 in favor, with Republicans Olympia Snowe and Susan Collins of Maine joining Democrats in voting yes. The budget doesn't have the force of law and any changes to the estate tax would have to be made through subsequent legislation, but it is a clear sign of congressional sentiment.
The estate tax is set to expire in 2010, followed in 2011 by a return to 2001 levels, with an individual exemption of $1 million and a top tax rate of 55 percent. In the last Congress, Senate Republicans fell four votes short of a measure that would have increased the estate tax exemption to the first $5 million of an individual's estate and would have lowered the top estate tax rate to 35 percent.
Monday, May 14, 2007
Estate Tax Rules for the Future
Facing expiration of the estate tax in 2010, the U.S. Senate voted 51-41 to reaffirm its support for a budget resolution that establishes the current-law 2009 estate tax rules through 2012. In 2009 the per-person estate tax exemption will be $3.5 million and the top tax rate will be 45 percent.
Under the Economic Growth and Tax Reconciliation Act of 2001, the estate tax will expire in 2010, followed in 2011 by an individual exemption of $1 million and a top tax rate of 55 percent. The Senate vote was part of its efforts to develop instructions for House and Senate conferees who will be working on the next five-year budget resolution.
In the last Congress, Senate Republicans fell four votes short of a measure that would have increased the estate tax exemption to the first $5 million of an individual's estate and would have lowered the top estate tax rate to 35 percent. In the new Democratic-controlled Congress there appears to be bipartisan support for continuing the estate tax rate at 2009 levels starting in 2010. In fact, support has increased since March 23, when senators voted 51-48 in favor of preserving the 2009 levels.
Budget resolutions are important because appropriations bills that follow budget resolution guidelines can pass with a simply majority rather than the 60 votes generally needed. The House and Senate have each passed their own budget resolutions and once their conferees agree on a compromise resolution, the final version must be approved by both the House and Senate. The House version of the budget resolution does not address the estate tax issue.
Under the Economic Growth and Tax Reconciliation Act of 2001, the estate tax will expire in 2010, followed in 2011 by an individual exemption of $1 million and a top tax rate of 55 percent. The Senate vote was part of its efforts to develop instructions for House and Senate conferees who will be working on the next five-year budget resolution.
In the last Congress, Senate Republicans fell four votes short of a measure that would have increased the estate tax exemption to the first $5 million of an individual's estate and would have lowered the top estate tax rate to 35 percent. In the new Democratic-controlled Congress there appears to be bipartisan support for continuing the estate tax rate at 2009 levels starting in 2010. In fact, support has increased since March 23, when senators voted 51-48 in favor of preserving the 2009 levels.
Budget resolutions are important because appropriations bills that follow budget resolution guidelines can pass with a simply majority rather than the 60 votes generally needed. The House and Senate have each passed their own budget resolutions and once their conferees agree on a compromise resolution, the final version must be approved by both the House and Senate. The House version of the budget resolution does not address the estate tax issue.
Friday, April 13, 2007
7 Sane Steps for Estate Planning
Try these practical tips to avoid feuds and spare feelings.
1. Spell things out. Ask your parents to figure out who gets what, right down to the Christmas tree lights. Some people put stickers with names on the bottoms; others leave a list. Just as important, make sure your parents let everyone know - - if Mom really liked you better and leaves you all the Waterford, wouldn’t you like your sister to be mad at her, not you?
2. Resist the temptation to avoid the depressing details. Big fights can erupt when planning the funeral - - remember the brouhaha when Ted Williams died? - - and spill over to estate issues. So ask your parents what kind of service they want, whether they want to be cremated or buried.
3. Don’t hesitate, mediate. If you sense battle lines being drawn, mediation and arbitration can provide a lower-cost alternative to taking one another to court. In mediation, a neutral third party helps all sides reach an agreement. Usually, mediation isn’t binding. (The specifics of both mediation and arbitration are governed by state law and the Federal Arbitration Act.) Often, a judge will order warring siblings into mediation, and many wills contain a clause stipulating arbitration - - say, if parents’ personal effects cannot be divided by the children within 30 days. In general, fees for either mediation or arbitration are significantly lower than those of lawyers in a lawsuit. Note: However, in New York State, all estate matters are handled by the Surrogate Court.
4. Draft a will with the personal touch. A heartfelt letter attached to a will can soothe the anger of grief-stricken children. In Illinois, attorney Jim Nash’s favorite: a man gave his children and grandchildren a reading list of his favorite books. The University of Minnesota’s Marlene Stum knows of a case where the matriarch called her adult children around her and started holding up objects, explaining each one’s history and then asking who wanted it.
5. Make an end run around stubborn parents. If they refuse to talk about their plans, start paving the way for clear channels of communication with your siblings now. Hard as it may be, the initial “Have Mom and Dad ever talked to you about what they want to happen to their stuff when they die?” Conversation is even more critical for siblings who don’t get along well.
6. Once you begin settling the estate, talk face-to-face. Nash is a big fan of Kinko’s videoconferencing for far-flung siblings. IF everyone is in the loop, it’s harder to escalate to those tense “You threw the birdhouse I built in eighth grade in the trash” exchanges. Above all, advises mediator Olivia Boyce-Abel, be cautious with e-mail. “Something that sounds fine to you when you write it at midnight can come across very differently when your brother gets home from a hard day at the office.”
7. Vow that this is one more time you won’t be like your mother. Call your ELDER LAW ATTORNEY and make sure your own will is current, and that your heirs know what is - - and isn’t - - coming to them.
Written by Sarah Mahoney, contributor to More magazine. Reprinted from More.com, 3/20/07.
1. Spell things out. Ask your parents to figure out who gets what, right down to the Christmas tree lights. Some people put stickers with names on the bottoms; others leave a list. Just as important, make sure your parents let everyone know - - if Mom really liked you better and leaves you all the Waterford, wouldn’t you like your sister to be mad at her, not you?
2. Resist the temptation to avoid the depressing details. Big fights can erupt when planning the funeral - - remember the brouhaha when Ted Williams died? - - and spill over to estate issues. So ask your parents what kind of service they want, whether they want to be cremated or buried.
3. Don’t hesitate, mediate. If you sense battle lines being drawn, mediation and arbitration can provide a lower-cost alternative to taking one another to court. In mediation, a neutral third party helps all sides reach an agreement. Usually, mediation isn’t binding. (The specifics of both mediation and arbitration are governed by state law and the Federal Arbitration Act.) Often, a judge will order warring siblings into mediation, and many wills contain a clause stipulating arbitration - - say, if parents’ personal effects cannot be divided by the children within 30 days. In general, fees for either mediation or arbitration are significantly lower than those of lawyers in a lawsuit. Note: However, in New York State, all estate matters are handled by the Surrogate Court.
4. Draft a will with the personal touch. A heartfelt letter attached to a will can soothe the anger of grief-stricken children. In Illinois, attorney Jim Nash’s favorite: a man gave his children and grandchildren a reading list of his favorite books. The University of Minnesota’s Marlene Stum knows of a case where the matriarch called her adult children around her and started holding up objects, explaining each one’s history and then asking who wanted it.
5. Make an end run around stubborn parents. If they refuse to talk about their plans, start paving the way for clear channels of communication with your siblings now. Hard as it may be, the initial “Have Mom and Dad ever talked to you about what they want to happen to their stuff when they die?” Conversation is even more critical for siblings who don’t get along well.
6. Once you begin settling the estate, talk face-to-face. Nash is a big fan of Kinko’s videoconferencing for far-flung siblings. IF everyone is in the loop, it’s harder to escalate to those tense “You threw the birdhouse I built in eighth grade in the trash” exchanges. Above all, advises mediator Olivia Boyce-Abel, be cautious with e-mail. “Something that sounds fine to you when you write it at midnight can come across very differently when your brother gets home from a hard day at the office.”
7. Vow that this is one more time you won’t be like your mother. Call your ELDER LAW ATTORNEY and make sure your own will is current, and that your heirs know what is - - and isn’t - - coming to them.
Written by Sarah Mahoney, contributor to More magazine. Reprinted from More.com, 3/20/07.
Tuesday, March 27, 2007
Medicare Advantage Open Enrollment Period Ends March 31, 2007
The Open Enrollment Period (OEP) during which Medicare beneficiaries can make one election to change in certain kinds of plans, ends on March 31, 2007. The Open Enrollment Period applies to individuals who are changing Medicare Advantage (MA) plans or enrolling in or disenrolling from MA plans.
During the OEP, beneficiaries may switch from:
-a medicare Advantage prescription drug plan (MA-PD) to another MA-PD or original Medicare with a Prescription Drug Plan (PDP);
-one MA-only plan (no prescription drug coverage) to another MA only plan or original Medicare with no drug coverage;
-original Medicare with a PDP to a MA-PD; or
-original Medicare with no drug coverage to a MA-only plan.
A beneficiary may make only one of these changes during an OEP. For a visual representation of the options, see the Health Assistance Partnership’s chart at www.hapnetwork.org/assets/pdfs/2007-MA-OEP-chart.pdf.
An OEP cannot be used to enroll in prescription drug coverage for the first time or to drop prescription drug coverage entirely; it also cannot be used to switch from one (non-Medicare Advantage) prescription drug plan to another (non-Medicare Advantage) prescription drug plan. In short, one cannot use the OEP to switch from a PDP to another PDP.
Medicaid beneficiaries have a continuous Special Enrollment Period that allows them to switch into or out of Medicare Advantage plans (including plans with Part D coverage) at anytime.
The landscape of enrollment options and limitations for Medicare beneficiaries, particularly with respect to prescription drug benefit coverage, is complex. Aggressive marketing by plans can add to the confusion and lead to mistakes and problems.
Source: Washington Weekly, volume XXXIII, Issue No. 11, March 16, 2007.
During the OEP, beneficiaries may switch from:
-a medicare Advantage prescription drug plan (MA-PD) to another MA-PD or original Medicare with a Prescription Drug Plan (PDP);
-one MA-only plan (no prescription drug coverage) to another MA only plan or original Medicare with no drug coverage;
-original Medicare with a PDP to a MA-PD; or
-original Medicare with no drug coverage to a MA-only plan.
A beneficiary may make only one of these changes during an OEP. For a visual representation of the options, see the Health Assistance Partnership’s chart at www.hapnetwork.org/assets/pdfs/2007-MA-OEP-chart.pdf.
An OEP cannot be used to enroll in prescription drug coverage for the first time or to drop prescription drug coverage entirely; it also cannot be used to switch from one (non-Medicare Advantage) prescription drug plan to another (non-Medicare Advantage) prescription drug plan. In short, one cannot use the OEP to switch from a PDP to another PDP.
Medicaid beneficiaries have a continuous Special Enrollment Period that allows them to switch into or out of Medicare Advantage plans (including plans with Part D coverage) at anytime.
The landscape of enrollment options and limitations for Medicare beneficiaries, particularly with respect to prescription drug benefit coverage, is complex. Aggressive marketing by plans can add to the confusion and lead to mistakes and problems.
Source: Washington Weekly, volume XXXIII, Issue No. 11, March 16, 2007.
Wednesday, March 14, 2007
Davidow Announcements
We have planned our next two elder law and estate planning seminars! Learn how to PLAN NOW, not later, in order to protect everything you’ve worked a lifetime to acquire. Come and discover the answers to crucial and timely questions at either The Venetian Yacht Club in Babylon Village on Thursday, April 26th at 10am or Villa Lombardi’s in Holbrook on Wednesday, May 2nd at 10am. The seminar is FREE, but reservations are required. Call 631-234-3030 to reserve your seat.
Last year alone, Friends of Karen, Inc. helped more than 600 sick children and an additional 800 of their brothers and sisters with the enormous strain that is put upon a family when a child is diagnosed with cancer or any life-threatening illness. This year, a team is being organized to join the RUN FOR FRIENDS OF KAREN at the Long Island Marathon, Festival of Races on Sunday, May 6th, 2007 at Eisenhower Park. Proceeds from the Run will help this important organization in their continuing efforts to provide emotional, financial and advocacy support to these very special families.
For information and an application on the RUN FOR FRIENDS OF KAREN, please call 631-473-1768. We encourage your assistance in helping this wonderful organization!
Last year alone, Friends of Karen, Inc. helped more than 600 sick children and an additional 800 of their brothers and sisters with the enormous strain that is put upon a family when a child is diagnosed with cancer or any life-threatening illness. This year, a team is being organized to join the RUN FOR FRIENDS OF KAREN at the Long Island Marathon, Festival of Races on Sunday, May 6th, 2007 at Eisenhower Park. Proceeds from the Run will help this important organization in their continuing efforts to provide emotional, financial and advocacy support to these very special families.
For information and an application on the RUN FOR FRIENDS OF KAREN, please call 631-473-1768. We encourage your assistance in helping this wonderful organization!
Friday, March 2, 2007
Crabby Old Man
The following story and poem made its way around our office and we felt compelled to share it in an effort to remind everyone what quite possibly is going through the minds of our elderly loved ones.
When an old man died in the geriatric ward of a small hospital near Tampa, Florida, it was believed that he had nothing left of any value.
Later, when the nurses were going through his meager possessions, they found this poem. Its quality and content so impressed the staff that copies were made and distributed to every nurse in the hospital.
One nurse took her copy to Missouri . The old man's sole bequest to posterity has since appeared in the Christmas edition of the News Magazine of the St. Louis Association for Mental Health. A slide presentation has also been made based on his simple, but eloquent, poem.
And this little old man, with nothing left to give to the world, is now the author of this "anonymous" poem winging across the Internet.
Crabby Old Man
What do you see nurses? .......What do you see?
What are you thinking......when you're looking at me?
A crabby old man, ....not very wise,
Uncertain of habit ........with faraway eyes?
Who dribbles his food.......and makes no reply.
When you say in a loud voice....."I do wish you'd try!"
Who seems not to notice ....the things that you do
And forever is losing .............. a sock or shoe?
Who, resisting or not...........lets you do as you will,
With bathing and feeding ....... the long day to fill?
Is that what you're thinking? Is that what you see?
Then open your eyes, nurse......you're not looking at me.
I'll tell you who I am ....... as I sit here so still,
As I do at your bidding, ...... as I eat at your will.
I'm a small child of Ten......with a father and mother,
Brothers and sisters .......who love one another
A young boy of Sixteen ...........with wings on his feet
Dreaming that soon now. ..........a lover he'll meet.
A groom soon at Twenty .........my heart gives a leap.
Remembering, the vows........that I promised to keep.
At Twenty-Five, now .......... I have young of my own.
Who need me to guide ....... and a secure happy home.
A man of Thirty ......... my young now grown fast,
Bound to each other ........ with ties that should last.
At Forty, my young sons ........have grown and are gone,
But my woman's beside me........to see I don't mourn.
At Fifty, once more, .......... babies play 'round my knee,
Again, we know children ......... my loved one and me
Dark days are upon me .......... my wife is now dead.
I look at the future ............I shudder with dread.
For my young are all rearing ........young of their own.
And I think of the years...... and the love that I've known.
I'm now an old man........and nature is cruel.
Tis jest to make old age .......look like a fool.
The body, it crumbles..........grace and vigor, depart.
There is now a stone........where I once had a heart.
But inside this old carcass ...... a young guy still dwells,
And now and again ........my battered heart swells.
I remember the joys.............. I remember the pain.
And I'm loving and living.............life over again.
I think of the years ....all too few......gone too fast.
And accept the stark fact........that nothing can last.
So open your eyes, people ..........open and see..
Not a crabby old man. Look closer....see........ME!!
1. Remember this poem when you next meet an older person who you might brush aside without looking at the young soul within.....we will all, one day, be there, too!
When an old man died in the geriatric ward of a small hospital near Tampa, Florida, it was believed that he had nothing left of any value.
Later, when the nurses were going through his meager possessions, they found this poem. Its quality and content so impressed the staff that copies were made and distributed to every nurse in the hospital.
One nurse took her copy to Missouri . The old man's sole bequest to posterity has since appeared in the Christmas edition of the News Magazine of the St. Louis Association for Mental Health. A slide presentation has also been made based on his simple, but eloquent, poem.
And this little old man, with nothing left to give to the world, is now the author of this "anonymous" poem winging across the Internet.
Crabby Old Man
What do you see nurses? .......What do you see?
What are you thinking......when you're looking at me?
A crabby old man, ....not very wise,
Uncertain of habit ........with faraway eyes?
Who dribbles his food.......and makes no reply.
When you say in a loud voice....."I do wish you'd try!"
Who seems not to notice ....the things that you do
And forever is losing .............. a sock or shoe?
Who, resisting or not...........lets you do as you will,
With bathing and feeding ....... the long day to fill?
Is that what you're thinking? Is that what you see?
Then open your eyes, nurse......you're not looking at me.
I'll tell you who I am ....... as I sit here so still,
As I do at your bidding, ...... as I eat at your will.
I'm a small child of Ten......with a father and mother,
Brothers and sisters .......who love one another
A young boy of Sixteen ...........with wings on his feet
Dreaming that soon now. ..........a lover he'll meet.
A groom soon at Twenty .........my heart gives a leap.
Remembering, the vows........that I promised to keep.
At Twenty-Five, now .......... I have young of my own.
Who need me to guide ....... and a secure happy home.
A man of Thirty ......... my young now grown fast,
Bound to each other ........ with ties that should last.
At Forty, my young sons ........have grown and are gone,
But my woman's beside me........to see I don't mourn.
At Fifty, once more, .......... babies play 'round my knee,
Again, we know children ......... my loved one and me
Dark days are upon me .......... my wife is now dead.
I look at the future ............I shudder with dread.
For my young are all rearing ........young of their own.
And I think of the years...... and the love that I've known.
I'm now an old man........and nature is cruel.
Tis jest to make old age .......look like a fool.
The body, it crumbles..........grace and vigor, depart.
There is now a stone........where I once had a heart.
But inside this old carcass ...... a young guy still dwells,
And now and again ........my battered heart swells.
I remember the joys.............. I remember the pain.
And I'm loving and living.............life over again.
I think of the years ....all too few......gone too fast.
And accept the stark fact........that nothing can last.
So open your eyes, people ..........open and see..
Not a crabby old man. Look closer....see........ME!!
1. Remember this poem when you next meet an older person who you might brush aside without looking at the young soul within.....we will all, one day, be there, too!
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