Elder Care

How Early is Too Early to Look for a Senior Nursing Facility?

Published on: April 24, 2021 | By McCulloch & Miller, PLLC

As individuals in Texas get older, there are new issues they must face like obtaining long-term care and applying for benefits. All of these issues fall under the category of elder law. Elder law is an aspect of estate planning that focuses on the needs of individuals as they age. However, with many nursing homes closing, it has become even more imperative to plan ahead for long-term care. While this may be an overwhelming and scary concept, elder law attorneys are skilled at navigating these issues and ensure elders can obtain the care they deserve.

Big Shifts in Senior Living Care to Come

Five Star Senior Living—a major senior living business with over 1,500 retirement communities—has announced they will exit the skilled nursing business by the end of 2021. Instead, the business is shifting to smaller senior living communities that do not require the same elder care and skilled nursing capabilities. As more businesses like Five Star get out of the senior nursing facility business, it will become harder for elders to obtain long-term care.

How to Prevent Financial Exploitation Through a Houston Estate Plan

Published on: March 16, 2021 | By McCulloch & Miller, PLLC

With the technology available in the 21st century—along with the COVID-19 pandemic—financial exploitation and fraud are at an all-time high. In fact, the FBI has determined that elder fraud has generally increased over the past year and that elder fraud is an FBI priority. Especially for the elderly, their diminished interaction with others during the pandemic makes it less likely to notice behavior that puts them at higher risk for exploitation. Despite this alarming news, the creation of a Texas estate plan can help reduce elder fraud and financial exploitation.

How to Prevent Financial Exploitation

Financial exploitation is fraudulent action committed by a caregiver, fiduciary, or other individuals where they use the resources of an older person for their own personal gain. This often includes depriving the elder of their money, assets, and other belongings. Common examples of elder exploitation include theft of money by a caregiver or family member, a power of attorney improperly acting on behalf of the elder, and investment scams selling unnecessary financial services and products.

The In-Between Stages of Competency

Published on: December 28, 2018 | By McCulloch & Miller, PLLC

If you live far from your hometown, you may be used to seeing large changes in aging parents from year to year. However, if you are involved in their day to day life, you may not notice the changes, or they may seem to come and go.

When you are close to your parents, it’s hard to judge their competency accurately. Your dad, who was the perfect driver, suddenly isn’t quite as good behind the wheel as he used to be. Or your mother, who never left the house without being perfectly groomed, seems to have become a little casual about her appearance. They aren’t big changes, but the change is rarely sudden.

Other examples can be if your father forget to pay a bill…. or forgot that you called him yesterday. You recognize all this and ask if he is okay. He doesn’t think there’s a problem.

New Law in Massachusetts Enhances Treatment and Support for Alzheimer’s and Dementia

Published on: October 1, 2018 | By McCulloch & Miller, PLLC

“H.4116 An Act Relative to Alzheimer’s And Related Dementias in The Commonwealth” is now law in Massachusetts, following an August 15 ceremony.

A ceremonial signing took place in Massachusetts Governor Baker’s office as community members, legislators and members of the administration gathered at the Alzheimer’s Association’s Waltham office, where the governor signed the new bill into law.

“Raising awareness about Alzheimer’s and dementia is key to supporting the Massachusetts families who are impacted by this horrible disease,” Governor Baker remarked in an article in the Framingham Source, “Governor Baker Signs Law Strengthening Alzheimer’s and Dementia Treatment in Massachusetts.”

Finding the Right Assisted Living Facility for Now and the Future

Published on: May 23, 2018 | By McCulloch & Miller, PLLC

People moving into an assisted living facility, should do a lot of research to make sure they get the quality care and the services they need. Their lives may depend on it.

Life in an assisted living facility is a welcome alternative to aging seniors who are no longer able to remain in their own homes, but don’t want or need to live in a nursing home, which often feels like living in a hospital. They can receive the services they need, while enjoying a full roster of activities and the companionship of their peers. It sounds like a good plan, and in many cases, it is.

However, Consumer Reports’ recent article, “5 Steps for Choosing the Right Assisted Living Community” says that finding the right residence can be a huge challenge.

Latest Trend in Senior Housing: A Micro-House for Grandma

Published on: December 12, 2017 | By McCulloch & Miller, PLLC

Parking a “granny pod” in the backyard may be the best way to have aging parents near, but not under, your own roof.

Finding suitable and affordable housing for aging parents is a real challenge for many families. A senior lifestyle community may be too expensive, but living on their own may be risky for them and worrisome for adult children. AARP reports that about 23 million Americans are caring for their elderly parents, but may not be able to or want to have their parents move in with them.

Older adults relocating to be closer to relatives, may soon have another alternative: a "granny pod" or micro-house. These small homes are designed for accessibility, but are compact enough to fit in a backyard.

Data on Retirement and Health for Americans Presents a Challenge

Published on: November 13, 2017 | By McCulloch & Miller, PLLC

Americans in their fifties and sixties may want to think twice about putting off their “bucket list” trips and accomplishments. Recent statistics indicate you may be better off enjoying life now.

As the government shifts retirement ages higher and employees are working later in life, the health of Americans is changing, and not for the better. According to a recent article in Think Advisor, “Americans Are Retiring Later, Dying Sooner and Sicker in Between,” millions of Americans will likely have shorter and far less active retirements than their parent’s generation.

The U.S. age-adjusted mortality rate, which is a measure of the number of deaths annually, increased 1.2% from 2014 to 2015, according to the Society of Actuaries. It’s the first year-over-year increase since 2005, and only the second rise greater than 1% since 1980.

Alzheimer’s or Dementia Screening Now Covered by Medicare

Published on: February 8, 2017 | By McCulloch & Miller, PLLC

You might think that any doctor seeing patients over a certain age would automatically screen for Alzheimer’s or other dementia-related diseases, but until now that has not been the case.

Starting in January, Medicare will now begin reimbursing doctors for screening and providing information about care planning for patients with Alzheimer’s and other cognitive impairment diseases. What seems like common sense public health policy, took many years of advocacy from patient groups.

Santa Cruz Sentinel’s recent article, “Diagnosing Alzheimer’s: Medicare now pays doctors to stop and assess memory loss,” reports that more than 5 million Americans are living with Alzheimer’s, and as many as 16 million will have the disease in 2050. The cost of caring for those with the disease and other types of dementia is also skyrocketing. In the U.S., it’s estimated to total $236 billion in 2016 and is anticipated to increase to $1.1 trillion by 2050.

How to Prepare for Long-Term Care Costs in Houston

Published on: August 15, 2016 | By McCulloch & Miller, PLLC

The cost of long-term care can take a huge bite out of retirement savings, exhaust family resources and create strain on relationships. Don’t count on Medicare, but do plan in advance.

At least seven out of ten Americans age 65 and over will need long-term care at some point. Most people simply underestimate the cost of long-term care, or they think that Medicaid will cover the costs. Your best defense against long-term care costs: advance planning with professional help.

The Memphis Daily News article, “Long-Term Care – Not for Everyone,” says that Medicare does little for these costs and only for a short time period. Medicaid doesn’t apply until the assets of an estate are spent down, so many people must pay for these costs out-of-pocket. The article says that there are only two ways to address these expenses: with your investment/retirement portfolio and with long-term care insurance. Most people review the cost of long-term care insurance and elect to roll the dice, but when that first round of expenses hits, they probably will wish they’d bought it long ago. Now it’s usually too late to buy it. If you can afford to self-insure, you can save your estate and yourself some serious money.

Creating an Eldercare Plan is Important to Comprehensive Estate Plan

Published on: April 22, 2016 | By McCulloch & Miller, PLLC

There is an expression among elder law attorneys called being "elderproofed," according to the Huffington Post in "Writing an Eldercare Plan." This takes planning to the next level, and includes things like how the person wises to be cared for, medical treatment preferences, whether they want to be cared for at home or in a facility, and more. These cover the day-to-day decisions to ensure that desires are followed once a person is unable to make those decisions known.

It's very important for seniors and their loved ones to discuss a care plan for the future before disease or dementia come into play, or a crisis causes eldercare services to become urgently needed. Get the plan drafted while the senior is still fully cognizant and rational. They can be signed when other end-of-life documents are put in place.

In truth, everyone wins with early discussions. When the patient is involved in the decisions for his or her potential care, the family has a better understanding of their preferences and are prepared for tough questions.