Elder Law

When Children Are Responsible For The Nursing Home Bill

Published on: March 4, 2014 | By McCulloch & Miller, PLLC

If your parents live in one of 29 states or Puerto Rico that has filial responsibility laws on the books, you could potentially be held legally responsible for their care under certain circumstances, such as when your parents are ailing and without sufficient financial resources to take care of themselves. Until recently, these statutes have been largely ignored. However, several recent court decisions indicate that there might be renewed interest in enforcing them.

Filial support is not just a moral virtue. In many parts of the country and branches of the legal system filial support is a legal imperative. Filial support laws exist in 29 states as well as Puerto Rico, and have quietly existed on the books for some time. Now, however, these laws are a very real and present concern for the adult children of elderly loved ones.

Fortunately, Forbes has provided a crash course regarding filial laws and their potential challenges in an article titled “Who Will Pay For Mom's Or Dad's Nursing Home Bill? Filial Support Laws And Long-Term Care.”

When To Shut Down The Pacemaker

Published on: February 21, 2014 | By McCulloch & Miller, PLLC

[Pacemakers] prolong lives, but “all those people will face decisions down the road,” Dr. Mueller said. “’Do I keep it going? Do I turn it off?’” Physicians have similar questions, including what kinds of patients confront these choices and who usually winds up making these decisions.

Do you or a loved one live with a pacemaker or implanted defibrillator? These devices keep the clock ticking, so to speak. But when you are making end-of-life plans, when is the right time to turn the pacemaker off? This scenario is all too common and is presenting challenges in geriatric medicine and palliative care.

Recently, The New Old Age Blog took a look at this perplexing issue in an article titled “A Decision Deferred: Turning Off the Pacemaker.”

End-Of-Life Planning – Four Must-Have Documents for Houston Residents

Published on: February 19, 2014 | By McCulloch & Miller, PLLC

To avoid a crisis in your family, be sure your parent has the following documents.

Some of the most important end-of-life planning should include making sure your loved ones have the legal right to take care of you later in life. Accordingly, there are some essential legal documents you really must have in place to make this happen.

End-of-life planning has much to do with medical planning. Doctors can only do what you ask of them. But what if you cannot communicate your own wishes to them? What then?

Admitted Vs. Observation: Awareness Of Medicare’s Coverage in Houston

Published on: February 12, 2014 | By McCulloch & Miller, PLLC

If you or a family member land in the hospital as an observation patient and think you should be admitted, it’s better to act sooner than later.

When it comes to whether or not care is covered by Medicare, the distinction between being "admitted" or just "under observation" is critical. This is especially important when it comes to whether your elderly loved one will have nursing home coverage after discharge from the hospital.

Understanding the meaning of observation status is essential. Once you do, then you will need to learn all the administrative tricks, twists and turns – and, yes, even to know how to fight it.

No Beneficiary Designation? An IRA “Uh-Oh” for Houston Families

Published on: February 6, 2014 | By McCulloch & Miller, PLLC

We say it over and over again. Check your beneficiary forms! Don't let your retirement funds go down the drain.

Anything involving the court system is rarely quick and painless (probate anyone?). Fortunately, IRAs can easily be transferred to your loved ones outside of probate simply by completing a beneficiary designation form. But what if there was no beneficiary designation form completed? Uh-oh, what now?

The slightly messy situation of an IRA left without a beneficiary was tackled recently by Ed Slott’s blog, The Slott Report. The article, titled “There is No Beneficiary on the Retirement Account: Now What?,” is the perfect encouragement to ensure that every beneficiary form is filled out and up to date.

Estate Planning For Your E-mail Account

Published on: January 13, 2014 | By McCulloch & Miller, PLLC

What would happen to your e-mail accounts if you suddenly died?

Are familiar with the notion of a digital estate? What happens to your online bank accounts, emails, social media and your entire digital presence on the web when you pass away?

Imagine a world without you in which your heirs cannot access your digital assets. They cannot access your e-mails, either practically or legally, to get to important legal or financial information, whether about bank accounts or friends. Sadly, that is the reality in most scenarios today.

Empathy for Aging Loved Ones in Houston… Even If They Grumble

Published on: December 10, 2013 | By McCulloch & Miller, PLLC

Now I am 86 and almost blind. I cannot read the bills that come in the mail nor sign my own checks. I must be escorted to medical appointments. My busy children are kind beyond measure, but I am uncomfortable in these situations. And being uncomfortable makes me sharp and unpleasant.

The challenges of living with and caring for an aging loved one can be stressful, for all involved. You have to remember, just as it is difficult to provide care, it is not an easy thing to be the one receiving the care either. Over and above all the medical issues, the time crunches, or the money concerns, oftentimes it is the emotional issues (and even the fighting) that can wear on you.

Are You A Money Manager For Others in Houston?

Published on: November 20, 2013 | By McCulloch & Miller, PLLC

If you’re handling the finances for an older family member or are about to do so, some sticky challenges can pop up quicker than you think.

Managing your personal finances can be a challenge. But what if you had to manage money for someone else? Managing the finances of a loved one is a far more tenuous role to occupy, as the outcome involves another's well-being instead of your own.

If you are caring for an elderly loved one and stepping up to oversee their finances as well, then there are some important rules to know and follow.

Houston Children Have Help in Handling The Assets Of Aging Loved Ones

Published on: November 16, 2013 | By McCulloch & Miller, PLLC

Millions of Americans are managing money or property for a loved one who is unable to pay bills or make financial decisions. This can be very overwhelming. But, it’s also a great opportunity to help someone you care about, and protect them from scams and fraud.

Handling finances can be tricky for yourself alone. So imagine the task of taking care of your elderly loved one’s finances. How do you take care of business for someone else?

The issue is much more than one of financial acumen. No, there are very specific rules to follow depending upon the role you take on and it is important to play the part properly.

Planning In Advance For Your Advance Health Directive in Houston

Published on: November 6, 2013 | By McCulloch & Miller, PLLC

Nancy

Wagner, a social worker at Monmouth Medical Center in Long Branch, N.J., encounters

this frustration at least once a week: A patient arrives in the emergency room