LCPLFA Featured in Connecticut Law Tribune

Categories: Elder Care Coordinator, Elder Law, Estate Planning, Geriatric Care Management, In the News, Long Term Care Planning

LCPLFA and five of our members have been featured in a December issue of the Connecticut Law Tribune. In an article titled “Firms add social workers to aid older clients,” it is clear that LCPLFA firms exist to help clients who need more than just legal expertise with estate planning; they needed help navigating the regulatory maze of long-term care.

Managing Editor Marie P. Grady featured Milford, CT, attorney Franklin A. Drazen, president of the Life Care Planning Law Firms Association, and Bristol, CT, attorney Stephen O. Allaire of Ruggiero, Ziogas & Allaire.

Grady also mentioned three other Connecticut firms in the article. “In addition to Drazen’s and Allaire’s firms, several other Connecticut firms are part of the Life Care Planning Law Firms Association. They include Kilbourne & Tully PC, in Bristol; Weatherby & Associates P.C., in Bloomfield; and Bishop, Jackson & Kelly LLC, in Milford.”

The article also provided multiple reasons for people to seek the services of a LCPLFA member firm. “The firms are offering their holistic approach at a time when an increasing number of Americans are turning to do-it-yourself online legal sites which offer wills, trusts and other documents for reduced prices. But Allaire says many people find out too late that the forms won’t allow them to accomplish their objectives.”

Read the full article on social workers teaming up with law firms here.

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Recognizing the Stages of Dementia

Categories: Dementia Care, Home Care

Have you noticed any questionable signs of dementia in the behavior of a loved one? When it comes to a cognitive illness, understanding what you are dealing with, rather than facing the unknown, can help dramatically in preparation to care for a loved one.Recognizing the Signs of Dementia

This difficult illness has some fairly typical stages, and the phases of caregiving guilt often correspond with the symptoms.

Stage One: Pre-diagnosis – The changes can be difficult to identify. Short-term memory is typically one of the first signs of dementia.  Normal memory loss due to aging is characterized by difficulty with paying attention – multi-tasking; taking more time and effort to learn; and taking longer to bring up a memory, are usually normal parts of the aging process.  However, these symptoms can be an early sign for the person with dementia.

Stage Two: Full Diagnosis – This is the forgetfulness and early confusion state. Your loved one can still do the checkbook, but it takes forever! Eventually he/she will forget that the task has been forgotten and will argue with you.  Now the guilt sets in with a vengeance. The caregiver must now plan for alternative care and take over some tasks that their loved ones have done for a lifetime.

Stage Three: Late Confusional and Early Dementia – Your loved one might not be aware that he/she is unable to balance the checkbook but will probably still know the year and the current president.  A person suffering from early dementia cannot survive alone. Your loved one will have difficulty reasoning, making judgments, concentrating and understanding even understanding  simple directions. The roles become reversed and the impatience grows.  It can be very hard to not treating that person like a child.

Stage Four: Chronic Caregiving Middle Dementia. – Your loved one cannot perform the simplest daily tasks, such as dressing, bathing, toileting and eating.  As a caregiver, if your guilt has the upper hand and you try to do it all yourself, you have to be careful that you don’t burn out.

Stage Five: Transition to Alternative Care – In the experience of our law firm, we have never seen someone placed too early! Personality changes, delusional thinking, not be able to recognize family and friends, diminished coordination (falls), changes in sexuality, and continued decline in personal care (even to the point of no longer being able to walk), all begin to occur. Many caregivers promise themselves to never give in to sending their loved one to a special care facility or nursing home, but this stage brings about new problems that can be beyond the control of the caregiver.

Stage Six: End of Life  – Your loved one can merely be a shell of the person he/she once was, not speaking or smiling, having to be turned in bed and fed meals, and all needs have to be addressed by staff.

Not all cases of dementia are the same, nor does every dementia patient follow these exact stages. However, being able to recognize these symptoms can be helpful in the course of treatment. As a caregiver, you can only offer your love, help and support without taking guilt or blame upon yourself.

If you are concerned that you or a loved one is suffering from dementia or a similar illness, consult a physician immediately. This content is not meant to diagnose any illnesses, but rather to provide helpful insight for those looking to learn more about dementia, senior memory loss and signs to look for in loved ones.

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Medicare Premiums & Deductibles For 2012: Medicare Part D, Advantage Plans and Income Related Adjustment

Categories: Medicaid Planning, Medicare

According to the Centers for Medicare & Medicaid Services (CMS) Office of Public Affairs, 2012 will be bringing in some changes to Medicare and healthcare coverage for many Americans. Do you know if, or how, you will be affected? This is the third post in our “Medicare Premiums and Deductibles For 2012” series.

Medicare Part D:

The CMS estimates the average 2012 Part D premium for basic coverage is $30.  “This is slightly lower than the actual average for 2011 of $30.76,” reports the CMS. “The estimate for the average 2012 Part D premium for supplemental coverage is $8.  The estimate for the average 2012 total Part D premium is $38.”

Medicare Advantage (Part C) Plans:

On average, Medicare Advantage premiums will be four percent lower in 2012 than in 2011, and plans project enrollment to increase by 10 percent.  Of people with Medicare, 99.7 percent continue to enjoy access to a Medicare Advantage plan, and benefits remain consistent with those offered in 2011.

Income Related Adjustment:

“As required in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, beginning in 2007 the Part B premium a beneficiary pays each month is based on his or her annual income,” reported the CMS. “Specifically, if a beneficiary’s “modified adjusted gross income” is greater than the legislated threshold amounts ($85,000 in 2012 for a beneficiary filing an individual income tax return or married and filing a separate return, and $170,000 for a beneficiary filing a joint tax return) the beneficiary is responsible for a larger portion of the estimated total cost of Part B benefit coverage.”

Affected beneficiaries must pay an income-related monthly adjustment amount in addition to the standard Part B premium. These income-related amounts were phased-in over three years, beginning in 2007. Luckily, most enrollees will not be affected by the slight premium raise in 2012 – only about four percent of current Part B enrollees are expected to be subject to these higher premium amounts.

The 2012 Part B monthly premium rates to be paid by beneficiaries who file an individual tax return (including those who are single, head of household, qualifying widow(er) with dependent child, or married filing separately who lived apart from their spouse for the entire taxable year), or who file a joint tax return are shown in the following table provided by the CMS:

Beneficiaries who file an individual tax return with income: Beneficiaries who file a joint tax return with income: Part B income-related monthly adjustment amount Total monthly Part B premium amount
Less than  or equal to $85,000 Less than or equal to $170,000 $0.00 $99.90
Greater than $85,000 and less than or equal to $107,000 Greater than $170,000 and less than or equal to $214,000 $40.00 $139.90
Greater than $107,000 and less than or equal to $160,000 Greater than $214,000 and less than or equal to $320,000 $99.90 $199.80
Greater than $160,000 and less than or equal to $214,000 Greater than $320,000 and less than or equal to $428,000 $159.80 $259.70
Greater than $214,000 Greater than $428,000 $219.80 $319.70

The information provided in this post is from a recent press release from the Centers for Medicare & Medicaid Services(CMS) Office of Public Affairs.

 

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Medicare Premiums and Deductibles For 2012: Medicare Part B

Categories: Medicare

As 2011 is drawing to an end, it is necessary to be prepared for the changes to come in Medicare in the next year. This is the second post in our “Medicare Premiums and Deductibles For 2012” series.

The Centers for Medicare & Medicaid Services (CMS) Office of Public Affairs reported that the standard Medicare Part B monthly premium will be $99.90 in 2012, a $15.50 decrease over the 2011 premium of $115.40.  According to a recent CMS news release, “Most Medicare beneficiaries were held harmless in 2011 and paid $96.40 per month. The 2012 premium represents a $3.50 increase for them.”

What does Medicare Part B cover? This portion of Medicare covers a portion of the cost of physicians’ services, outpatient hospital services, certain home health services, durable medical equipment, and other items. By law, the standard premium is set to cover one-fourth of the average cost of Part B services incurred by beneficiaries aged 65 and over, plus a contingency margin. The contingency margin is an amount to ensure that Part B has sufficient assets and income to cover Part B expenditures during the year, cover incurred-but-unpaid claims costs at the end of the year, provide for possible variation between actual and projected costs, and amortize any surplus assets. Most of the remaining Part B costs are financed by Federal general revenues.  (In 2012, about $2.9 billion in Part B expenditures will be financed by the fees on manufacturers and importers of brand-name prescription drugs under the Affordable Care Act.)

Physician Fees

The largest factor affecting the contingency margin for 2012 is the current law formula for physician fees, which will result in a payment reduction of about 29 percent in 2012.  For each year from 2003 through 2011, Congress has acted to prevent smaller physician fee reductions from occurring. The 2012 reduction is almost certain to be overridden by legislation enacted after Part B financing has been set for 2012. In recognition of the strong possibility of increases in Part B expenditures that would result from similar legislation to override the decrease in physician fees in 2012, it is appropriate to maintain a significantly larger Part B contingency reserve than would otherwise be necessary.  The asset level projected for the end of 2012 is adequate to accommodate this contingency.

Social Security in 2012

“In 2012, Social Security monthly payments to enrollees will increase by 3.6 percent,” reported the CMS. “The dollar increase in benefit checks is expected to be large enough on average to cover the increase in the Part B premium of $3.50 that most beneficiaries will experience. For those who were paying the standard premium of $115.40, their benefits checks will only increase.”

If you have any questions about how these changes will affect you or your loved one, consult a professional or patient advocate.

The information provided in this post is from a recent press release from the Centers for Medicare & Medicaid Services (CMS) Office of Public Affairs.

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Medicare Premiums and Deductibles For 2012: Medicare Part A

Categories: Elder Law, Medicaid Planning, Medicare

Are you aware of the changes to Medicare in the upcoming year? This is the first post in our “Medicare Premiums and Deductibles For 2012” series.

How will changes in Medicare affect you and your loved ones?

How will changes in Medicare affect you and your loved ones?

According to the Centers for Medicare & Medicaid Services (CMS) Office of Public Affairs, Medicare Part A premiums will be increasing by just $1 per month, and the deductible will increase by just $24.  “For Medicare Part A, which pays for inpatient hospital, skilled nursing facility, and some home health care, about 99 percent of Medicare beneficiaries do not pay a premium since they or their spouses have at least 40 quarters of Medicare-covered employment,” reported the CMS.

Pay very close attention to how the changes will affect patients of different ages. “Some enrollees age 65 and over and certain persons with disabilities who have fewer than 30 ‘quarters of coverage’ obtain Part A coverage by paying a monthly premium set according to a statutory formula,” reported the CMS. “This premium will be $451 for 2012, an increase of $1 from 2011. Those who have between 30 and 39 ‘quarters of coverage’ may buy into Part A at a reduced monthly premium rate which is $248 for 2012, the same amount as in 2011.”

The deductible for inpatient hospital admittance will be another one of the many changes. “The Part A deductible paid by a beneficiary when admitted as a hospital inpatient will be $1,156 in 2012, an increase of $24 from this year’s $1,132 deductible.  The Part A deductible is the beneficiary’s cost for up to 60 days of Medicare-covered inpatient hospital care in a benefit period. Beneficiaries must pay an additional $289 per day for days 61 through 90 in 2012, and $578 per day for hospital stays beyond the 90th day in a benefit period. For 2011, per day payment for days 61 through 90 was $283, and $566 for beyond 90 days.”

For beneficiaries in skilled nursing facilities, the daily co-insurance for days 21 through 100 in a benefit period will be $144.50 in 2012, compared to $141.50 in 2011.

If you have any questions about how these changes will affect you or your loved one, consult a professional or patient advocate.

The information provided in this post is from a recent press release from the Centers for Medicare & Medicaid Services (CMS) Office of Public Affairs.

 

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What is an Elder Care Coordinator?

Categories: Elder Care Coordinator, Elder Law, Geriatric Care Management, Long Term Care Planning

An Elder Care Coordinator is a professional, such as a social worker, counselor, nurse, or gerontologist who specializes in assisting older people and their families to attain the

Elderly woman

What can an Elder Care Coordinator do for you and your loved ones?

highest quality of life given their circumstances. So why have an Elder Care Coordinator in an elder law firm? Providing this specialized coordinator benefits the client by providing necessary resources and professional help that often fall outside of the spectrum of a typical law firm. A Elder Care Coordinator will:

• Help clients and families identify care problems and assist in solving them.

• Assist families in identifying and arranging in-home help or other services.

• Coordinate with medical and health providers.

• Review medical issues and offer referrals to other geriatric specialists to provide appropriate care while conserving financial resources.

• Provide support, guidance, and advocacy during a crisis.

• Help with coordinating transfer and transportation of an older person to or from a retirement complex, assisted care living facility, or nursing home.

• Provide education.

• Offer counseling and support.

No matter how minor or major your elder care issues might be, it is always a good idea to consult a professional before making any drastic decisions. After all, improving quality of life for a loved one is one of the best gifts you can give.

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Why Mom Liked You Best: Planning for Quality Senior Care

Categories: Elder Care Coordinator, Estate Planning, Long Term Care Planning, Nursing Home

 “WHY MOM LIKED YOU BEST – THE SCIENCE OF FAVORITISM” is the title of the lead article in the October 3, 2011 issue of Time Magazine.  The article illustrates many of the cross currents that can be present with multiple siblings and parents. These issues are intensified when a family needs to plan for quality care for Mom and/or Dad.  Family dynamics can be a challenge, and are therefore an important consideration in structuring a viable Life Care Plan (LCP).

find senior care for your parents

Do you have a Life Care Plan for yourself and your loved ones?

One approach we have used to bring a sufficient measure of harmony to latent family discord is a Family Estate Planning Agreement (sometimes also called Family Settlement Agreement or “FSA”). In essence, the FSA provides that the children (siblings) will cooperate with each other for Mom’s care, confirm that the law firm only represents Mom and no individual child, and include mediation and arbitration dispute resolution procedures for any disputes.

Our experience is that, in the same manner as “good fences make good neighbors,” a clear understanding of what LCP is all about (Mom and her quality care), makes for a happier and better LCP outcome.  Through our experience, our version of “good fences” becomes “good agreements make good siblings.”

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The Measure of Life Care Planning Success: One Hug at a Time

Categories: Alzheimer’s Care, Elder Care Coordinator, Elder Law, Geriatric Care Management, Long Term Care Planning

 As I write this article, I am sitting in a Bethesda, Maryland, hotel room to attend the 6th annual conference sponsored by the Life Care Planning Law Firm Association (LCPLFA).  Approximately one hundred elder law attorneys and social workers are meeting to discuss substantive issues and practice management concerns related to the Life Care Planning concept of an elder and disability law practice.  The mission statement of the LCPLFA is as follows:

“To develop life care planning as a holistic legal practice which anticipates and provides legal and care advocacy services to the firm’s clients as their   circumstances and health care needs change. Members are committed to helping clients and their families navigate the long-term and health care system and advocate for good care during their loved one’s journey through the elder care continuum.”

It has been approximately six years since we adjusted our practice focus to concentrate on Life Care Planning by incorporating the use of a geriatric care coordinator into our practice.  Thus, we not only concentrate on traditional elder law practice areas, estate planning, eligibility for public benefits, etc., but now emphasize maximizing the best possible care for our clients, whether in or out of the home.

When meeting with clients and their families for the first time, I emphasis that they are not retaining our office specifically for a power of attorney or to obtain valuable long-term care benefits.  They choose to retain our office to assist them in navigating through the long-term care maze that they did not willingly enter into.  What they are purchasing is a long-term relationship between the client, their family, and our office.

I advise clients at the first meeting that I expect myself and my staff to receive at least one hug from the client or client’s family member during the course of our representation.  Our job is to alleviate the burden on caregivers caring for a chronically ill or disabled loved one.  Receiving a hug from a client or caregiver symbolizes to us that we helped to alleviate the burden placed upon them.  A recent client meeting helps to illustrate this point.

Janie Deleon-Male, our Geriatric Care Coordinator, and I recently met with a husband and wife and their children concerning the wife’s need for care.  The family explained to us their concerns and their mom and wife’s current situation.  The mom/wife suffered from a rare form of Alzheimer’s Disease.  The family’s goal was to attempt to keep her at home for as long as possible.  We explained the Life Care planning concept to them and emphasized the concept is based upon the relationship that develops between our firm, the client and their family.  The wife and mother was very unsteady on her feet.  Nonetheless, at the end of the initial meeting, she attempted to get up from her chair on her own.  Everyone in the meeting jumped out of their seats to attempt to steady her.  However, as soon as she was steadied, she said to me, “I give you hug.”  It was one of the most memorable hugs I have ever received.

We look forward to receiving many more hugs from clients and family members.  Thanks for helping to measure our degree of success.                                         

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What can Medicare Beneficiaries Do For Me and My Loved Ones?

Categories: Uncategorized

Beneficiaries or their advocates should speak up and ask the hospital staff to clarify whether they are classified as an inpatient or on observation status.  This is particularly important if skilled nursing care is anticipated after the hospitalization.  If the beneficiary is placed on observation status, they should ask for clarification regarding that decision from their physician, and request a notice from the hospital utilization review team.  The Center for Medicare Advocacy recommends that beneficiaries challenge this decision by filing an appeal after they receive this notice.

Clarify the status of a patient with your doctor

Do you know when you should speak up and ask the hospital staff to clarify the status of a patient?

If the hospital does not provide notice, a beneficiary can appeal when they receive their Medicare Summary Notice (The Medicare Summary Notice sets forth the services a beneficiary received in the prior quarter).  As a part of the appeal, it would be necessary to request the complete medical record for the entire hospital stay.  Consult an elder law attorney with experience in Medicare Advocacy to assist you in the Medicare appeal process.

The Medicare laws are complex and often difficult to understand.  This may become an even greater problem for Medicare beneficiaries as changes in Medicare reimbursement for hospital re-admissions become more restricted.

The Center for Medicare Advocacy has been working to raise awareness of this increasing problem that many Medicare beneficiaries may face.  The next time you are in the hospital and you have Medicare, ask your physician whether you are a Hospital Inpatient or Outpatient.  If you have a Medicare Advantage plan, the costs and coverage may vary from the traditional Medicare plan.  Information included in this article was obtained from The Center for Medicare Advocacy publications.  For additional information, articles on observation status you may visit MedicareAdvocacy.org.

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Goals to Set for Your Life Care Planning

Categories: Elder Care Coordinator, Elder Law, Estate Planning, Long Term Care Planning

One of the top benefits of using an elder care law firm to assist you with Life Care Planning is that you are never alone to face the issues that come with managing the care of an elder. There are three principal goals of the Life Care Plan that your elder care law firm can help develop and implement for you:

Your Life Care Plan

Who guides your decisions relating to your long-term care and special needs?

1.     Provide advocacy to so that you or your loved one gets the quality care you deserve, whether that care is at home or outside the traditional home setting. This is the most important of all goals, for it goes to the very heart of your quality of life in your later years. Your Life Care Plan is focused first on your good health, safety, and well-being.

2.     Guide you in making decisions relating to your long-term care and special needs. Be sure to choose an elder care law firm that provides resources of experienced, supportive, knowledgeable, and objective advisors including a care coordinator and elder law attorney. Find an elder care attorney that you feel comfortable working with closely for your planning needs.

3.     Your chosen firm can help you find sources to pay for good long-term care. They can work with you through the maze of choices and options to find the best, or often, the most comfortable solution to the asset protection problem created by the need to pay for quality long-term care.

Remember that help and resources are available for you and your loved ones – don’t try to face the planning alone!

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