Jun 15, 2017
By Rick Law, elder law attorney and managing partner at the Estate, Asset, and Retirement Tax Law firm of Law Elder Law. LEL is a multi-generational law firm serving seniors and their families, and helping them prepare for changes to healthcare and retirement planning.
Nursing home residents are entitled to manage their personal finances and choose their health-care providers.
The nursing home must keep residents informed of any plan of care and any changes in that plan and must allow the residents to be an active participant in their own health-care plan. This includes allowing residents to refuse treatment. The fact that people are residents of a nursing home doesn’t mean they lose their rights.
Nursing homes must assess a resident’s needs every 12 months and create a health-care plan appropriate to the needs of the particular resident. Although each state has its own rules regarding transfers and discharges, if the facility accepts Medicaid and/or Medicare, it is bound by the federal rules.
A friend of the family had early-onset Alzheimer’s, which means that he was affected by Alzheimer’s before the age of 65. He became incapacitated at the age of 46, and during the next six years until he died, he was moved from one nursing home to another 16 times.
Some Alzheimer’s sufferers exhibit rage, anger, and aggression. This client was young and strong and a threat to nursing home staff. If a client poses a threat to an employee or another resident, the nursing home doesn’t have to give a 30-day notice. Staff will call the family and say, “Come and get your loved one within the next 24 hours!”
This example clearly demonstrates why it is so important to find a facility that knows how to deal with residents with Alzheimer’s disease. Sometimes the staff can actually minimize the rage by being more agreeable with the resident and by diverting their attention to something else.
Too many families needlessly lose everything they have. Don’t let that be you. If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100. Your first consultation is absolutely free. We’ll let you know what steps you need to take, right now, to protect yourself and your family. Call now, because when you’re out of money, you’re out of options!
Rick L. Law, Attorney, Estate Planner for Retirees.
Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney at the Estate, Asset, and Retirement Tax law firm of Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future. Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. Call 800-310-3100 for your free consultation now!
My wife and I had our first child three years ago. That’s when we decided to set up a trust, should anything happen to either of us. We reached out to Zach Hesselbaum to help us out. He was very thorough and professional throughout the whole process. Zach went above and beyond to make sure that we understood every detail of setting it up and he did an excellent job. We recently had our second child a few months ago. With the new baby, he helped us make the necessary revisions to the trust. Zach made this process great for us! I would definitely recommend using him for any of your estate planning needs!
Tom G., Naperville, IL