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The benefits of entering into a caregiver agreement

By Guardianship, Long-Term Care

Many seniors have caregivers who provide their skills and care on a daily basis. Whether the caregiver is a family member, friend, or professional, it is a good idea to create a caregiver agreement.

A caregiver agreement should include the services and hours that the caregiver is expected to provide, the needs and wishes of the senior, and compensation for the work. It should also include in writing the frequency of services, the location where services are to be provided, and important dates such as when the care begins and how long the agreement is to be in effect.

The advantages of setting up a caregiver agreement are manifold:

  • It can reduce or avoid Medicaid penalties
  • It prevents confusion with private duty domestic service workers and/or family members and sets up a clear method of compensation so there is no misunderstanding
  • It recognizes the time and effort of those taking care of you
  • It offers security and peace of mind
  • It makes expectations clear

 

If you are employing caregivers, companions, or other domestic service workers, contact an attorney at Bach & Jacobs, P.A. to discuss how you can help minimize risk and liability by creating a caregiving agreement. This is especially necessary if you are employing private duty caregivers directly rather than through an agency.

 

 

 

 

May 9, 2017
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Emergency and Disaster Planning for Seniors

By Health

Disaster preparedness is important for everyone, but especially for those who reside in Florida and experience the hurricane season. For seniors, it is imperative that they create plans with family members and know who to contact during times of emergency.

A good first step is to discuss the risks in the area where you reside. Depending on your location, it may be necessary to make multiple plans for different emergency situations.

Make arrangements with family, friends, and neighbors before an emergency. Make sure to exchange important keys, phone numbers, and addresses. Also, share copies of emergency documents, evacuation plans, and health information.

For families offering assistance to their elderly loved ones, show them where their emergency supplies are located. In addition to showing them, periodically check with them to see if they remember the location. Your supplies should include items like water, nonperishable food, important medications, extra glasses, hearing aids, and batteries. It is also a good idea to store documents and information on a flash drive to have access to digital copies.

See the attached form from the Federal Emergency Management Agency to fill out a family plan: https://www.ready.gov/sites/default/files/documents/files/Family_Emegency_Plan.pdf. The form includes spaces to fill out relevant phone numbers, insurance information, and social security information.

February 24, 2017
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New study reveals benefits of sniff test for Alzheimer’s

By Health

According to an NPR article titled “A Sniff Test for Alzheimer’s Checks For The Ability to Identify Odors,” it may become more common for doctors to utilize a sniff test to screen people for Alzheimer’s disease. The test assesses people’s ability to identify odors like chocolate and coffee.

At the Alzheimer’s Association International Conference in Toronto, a team of scientists presented their findings; the majority of 60- and 70-year-old  individuals in the group who performed poorly identifying the smells later went on to experience cognitive and memory problems.

This odor test, called the University of Pennsylvania Smell Identification Test, presents many benefits for the medical and Alzheimer’s communities. The article implies that although the tests are not perfect at predicting the disease, they are inexpensive and easy to use. Currently, most tests that are used to identify early stages of Alzheimer’s are reportedly much more expensive. Examples of these tests include PET scans and spinal taps.

Read the original article here: http://www.npr.org/sections/health-shots/2016/07/26/487391863/a-sniff-test-for-alzheimers-checks-for-the-ability-to-identify-odors.

February 3, 2017
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What are niche senior communities?

By Elder Law, Long-Term Care

For many retired seniors, finding a senior living community can be a challenging task. It can be tough to transition from living independently to moving into a community with frequent and close interaction with lots of other folks. However, a growing alternative to the traditional senior living community experience is the niche or “affinity” senior living community. These communities offer seniors the opportunity to live with other like-minded individuals who want to engage in similar activities.

Niche senior communities are particularly attractive to the Baby Boomer generation. They provide couples and individuals of certain religions, backgrounds, and groups a place to meet others like them and to connect with their interests.

Examples of these “niche” communities include those geared toward Indian-Americans, fitness enthusiasts, country music lovers, and more. By joining a niche senior community, you can continue to explore your interests into retirement and surround yourself with like-minded individuals with whom you already have a few things in common.

January 31, 2017
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Death with Dignity: Appointing a Health Care Surrogate

By Estate Planning

For individuals who believe they have a right to die on their own terms, there are certain ways to set up end-of-life documents to reflect your wishes and values. Despite being a resident in states like Florida, which do not have laws legalizing assisted suicide for terminally ill patients, residents can create living wills and appoint health care surrogates to act in their interests if they wish to have life-prolonging treatment withheld in certain situations. If you believe in the right to die, there are a few things you should discuss with your appointed surrogate.

You and your health care surrogate should have a conversation about your values. Because your surrogate has the authority to make decisions for you when you are incapacitated, it is imperative that he or she knows how to act in your interest. You should also discuss life-sustaining treatments, and when and how you wish to use or withhold them. Lastly, your surrogate should have a copy of your living will in order to guide decision-making.

Your surrogate should be comfortable answering several medical questions. Make sure to discuss hypothetical medical situations such as the occurrence of a stroke, head injury, or progressive debilitating disease. Also, the surrogate should know whether you want to receive artificial nutrition and fluids, resuscitation attempts, or other life-sustaining treatment.

If you have further questions on this topic or wish to set up end-of-life documents, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

December 16, 2016
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Death with Dignity: How do I withhold life-prolonging treatment in my end-of-life documents?

By Estate Planning, Long-Term Care

With the technological and medical advancements of the 21st century, life-sustaining treatment in end-of-life care has become more widespread and affordable. However, many individuals are against the idea of being kept alive by artificial means, especially when suffering from a terminal ailment. For those who are against such treatment, there are ways to withhold life-prolonging treatment in end-of-life planning documents.

Living Will

Crafting a living will allows you to communicate your wishes for end-of-life care. In this document, it is important to specify whether you plan on using life-prolonging treatment when you are incapacitated or denying the treatment.  Your doctors and family are required to honor the document.

Health Care Surrogate

Also sometimes referred to as a healthcare proxy, healthcare agent, and attorney-in-fact, your healthcare surrogate is responsible for making medical decisions for you when you are unable to do so yourself. By appointing a trusted health care surrogate, you can ensure that if you are temporarily or permanently incapacitated and unable to give informed consent, you will not be given life-prolonging treatment. The health care surrogate is only authorized to make medical decisions and does not have the capacity to access and use your funds unless you provide for that in another kind of document. It is important that you meet with your surrogate and clearly communicate your wishes and values so he or she can make the best decisions for you if need be.

It is wise to both draft a living will and appoint a health care surrogate. Your health care surrogate can use the living will as a guide in making decisions, including large decisions such as continuing or ending medical treatment. Also, if for some reason your health care surrogate is unavailable to advocate for you, your living will can help guide other caregivers.

If you have further questions on this topic or wish to set up end-of-life documents, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

December 13, 2016
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Death with Dignity: Using Advance Directives

By Elder Law, Estate Planning

While the debate about proposed death with dignity laws continues in Florida, it is important to know that current Florida law prohibits assisted suicide, which is allowed in several other states. However, there are still ways that you can have autonomy in directing your own medical care within the parameters of Florida law. In a living will document or advance directive, you can specify your refusal of life-sustaining treatments such as feeding tubes, chemotherapy, and artificial nutrition. Doctors, caregivers, and other health care providers are required to honor these documents.

If you have further questions about this topic or setting up your end-of-life documents, contact one of our experienced estate planning attorneys at (941) 906-1231.

December 9, 2016
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Death with Dignity in Florida

By Elder Law, Estate Planning

A movement that is spreading throughout this country is the death with dignity initiative, or laws that allow terminally ill patients to use prescribed medications to end their lives on their own terms. Also known as the right to die, death with dignity is only legal in Washington, Oregon, California, and Vermont. Although Florida and several other states have not adopted such laws, there are still ways to direct your own end-of-life medical care.

The death with dignity movement is a controversial one. Advocates posit that the laws minimize suffering for terminally ill patients, grant individuals authority, and lessen the burden on family, friends, and caregivers. Opponents of death with dignity believe that some patients could be pressured into making the decision, the regulatory authority over who can administer the pills is too lax, and the cheap cost of the assisted suicide could improperly affect the decision-making of doctors and patients.

This week, we’ll be blogging about what options you have as a Florida resident with regard to end-of-life planning.

December 6, 2016
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Iowa Nursing Home Case Raises Questions about Social Media Abuse

By Elder Law, Long-Term Care

According to an NPR article titled, “Social Media Abuse of Nursing Home Residents Often Goes Unchecked” a very disturbing incident involving social media abuse occurred at a nursing in Hubbard, Iowa. The article states that a certified nursing assistant sent a Snapchat photo of a resident covered in feces to six of her coworkers. After being fired from the facility, she faced no charges because it technically wasn’t against the law.

In Iowa, the law that protects dependent adults includes no mention of social media apps due to the fact that it was last updated in 2008. Because the photo the CNA took did not show the resident’s genitals, the CNA did not violate the law by committing sexual exploitation of a dependent.

This story raises concerns for other states and their handling of senior abuse. In Florida, and in most states, there is no mention of social media apps. Although there is a clause that includes exploitation by photography, it only qualifies if the genitals or other private areas are shown.

To find a solution to this problem, try contacting your representatives in order to create legislation that properly addresses this issue.

November 18, 2016
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Sharing Caregiving Responsibilities with Siblings

By Long-Term Care

According to a U.S. News & World Report article called “Dividing the Caregiving Responsibilities Between Siblings,” it is common for members of the baby boomer generation to find themselves caring for their parents, financially and emotionally. While historically the eldest daughter may have been the one traditionally left with these responsibilities, these circumstances are changing with women’s advancement in the workplace and the geographical space between families.

In order to divide the responsibilities of caring for parents between siblings, there are certain steps families should follow. Despite most families living in different locations, there are ways for siblings living away from elderly parents to help. They can call parents regularly, pay bills online, or make visits here and there.

November 8, 2016
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