Elder Care

Are You Saving Enough for the High Cost of Assisted Living?

Published on: March 13, 2018 | By McCulloch & Miller, PLLC

If you haven’t been saving for retirement, maybe you’ll do better if you are focused on saving for assisted living. One well known survey, 2017 Genworth Cost of Care Survey, reports that you’ll need $1,517 a month for adult day health care. Those fees are only going in one direction—up!

Adult health day care is not inexpensive in our country. If all you need is adult day health care, consider yourself lucky. It’s a bargain at more than $1500 a month, compared to $3,750 for an assisted living facility, $3,994 for home care services, and $4,099 for home health aides.

If you want some privacy, the median cost is $7,148 for a semiprivate room at a nursing home and $8,121 for a private room. Will you be able afford it? Wealth Advisor poses this question in its recent article, “Have Clients Planned For Long-Term Care?”

What You Need to Know About Evictions from a Skilled Nursing Facility

Published on: January 26, 2018 | By McCulloch & Miller, PLLC

With legal actions and media attention surrounding resident evictions, skilled nursing facilities (SNF) are learning more about what they can and cannot do. Seniors and families also need this information.

It’s hard to imagine an 83 year old being booted out of a nursing facility, but as seen in the case of Gloria Single, a resident of a California facility, it does happen. In this case, a legal battle over an allegedly improper eviction has followed.

A recent Skilled Nursing News article, “What SNFs Should Know About Proper Protocols for Resident Eviction,” reports that the whole eviction and proceeding appeals process can be daunting, and residents are often so intimidated by the process that when they receive an eviction notice, they just pick up and leave. They’re too afraid to do anything else.

Why You Need Long-Term Care Insurance

Published on: December 14, 2017 | By McCulloch & Miller, PLLC

The cost of long-term care insurance may not be cheap, but the cost of long-term care is extremely expensive, and is only moving higher.

Long-term care insurance is costly, but health care costs for seniors who need long-term care could easily undo decades of retirement planning. Here’s what you need to know about the costs and benefits of long-term care insurance.

The Chicago Tribune’s recent article, “Thinking of buying long-term care insurance? Consider these costs,” reports that a 2015 cost of care survey from insurance company Genworth Financial estimated the national median cost of care for a home health aide to be almost $46,000 annually, while the national median cost for a private nursing room home is more than $91,000 annually.

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.

Spotlight on Abuse of Elderly through Guardianship a National Issue

Published on: November 14, 2017 | By McCulloch & Miller, PLLC

It sounds like a nightmare scenario, and for many elderly, it is a reality: a court appoints a guardian and they lose the ability to make decisions about their assets and their lives, often with no advance warning.

An article in Reuters reports on a journalist’s investigation that revealed a case where a private guardian was appointed by a court in Nevada and got a court order making her guardian of a couple who had an adult daughter. With no advance notice to the couple or their daughter, the guardian sold all of their assets and got them admitted to a nursing home.

Reuters’ article, “With U.S. elder abuse in spotlight, a look at guardians,” reports that the abuses of private-guardian systems in some states have been known by policy and legal experts for years.

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.

Lawmakers in Michigan Want to Make Elder Abuse a Felony

Published on: November 1, 2017 | By McCulloch & Miller, PLLC

A recent case of elder abuse in Michigan that resulted in only a misdemeanor, may have been the last straw for legislators. They introduced a law that would make it a felony, if a person was convicted of harming a vulnerable adult or senior citizen.

The punishment for causing serious physical or mental harm to a vulnerable adult in Michigan is only a misdemeanor, according to a recent article in WZZM, “Lawmakers introduce tougher laws to protect vulnerable senior citizens.” However, that may be changing soon.

Legislation that was recently introduced in Michigan's House of Representatives would toughen the penalties for somebody who "assaults another person that he or she knows or reasonably should know is an elder adult or vulnerable adult", which "causes physical injury, pain, or mental suffering" to them. The individual would be guilty of a felony punishable by imprisonment for more than four years or a fine of not more than $5,000.

Seniors continue to be Vulnerable to Lottery Scams

Published on: August 2, 2017 | By McCulloch & Miller, PLLC

The sad truth is, foreign lottery scams are still around because they are successful for the scammers. Millions of Americans are targeted every year.

The first reaction from someone receiving a letter about a large award is often a wave of relief, especially if they are facing financial problems.

For an elderly couple who love their home and are having troubles with their finances, the arrival of a letter saying they’d on $4.5 million in a Spanish lottery seemed like an answer to their prayers. The story, reported by woodtv.com, “88-year-old nearly scammed by fake lottery, warns others,” starts out like so many similar scenarios. Luckily for this couple, a trusted estate planning law firm helped them steer clear.

Welfare Check on Senior Leads to Lawsuit against NYPD Officer

Published on: April 28, 2017 | By McCulloch & Miller, PLLC

A federal judge has ruled that a police officer’s uninvited entry into a house to check on the well-being of an adult with dementia, is shielded by qualified immunity. The response to a possible crisis was correct.

Given the number of elder abuse cases, it is encouraging that New York Judge Frank Geraci’s decision, as reported in the New York Law Journal’s article, “Officer's Welfare-Check on Elderly Man Is Shielded by Immunity, Court Says,” supported the actions of Lt. Joseph Buccilli, a police officer with the Orchard Park, NY Police Department.

The judge said the police officer was protected by his good faith actions in responding to an emergency. He had qualified immunity from a suit filed by the owners of the home he entered, in alleged violation of residents' Fourth Amendment rights to privacy. The judge went on to say that even if Buccilli's beliefs that his actions were justified in entering the home were based on wrong assumptions, the officer’s actions weren’t so "plainly incompetent" as would qualify as a violation of the resident's Fourth Amendment rights.

Understanding the Basics about Medicare

Published on: April 25, 2017 | By McCulloch & Miller, PLLC

Even if you are still working, once you turn 65, you have to navigate your way through an entirely new and complex health care system. While there’s no HR department, there are resources.

It starts the day you turn 65, and it’s a bit of a challenge. Seniors need to get up to speed fast on the many requirements of Medicare. A recent post of Kiplinger’s, “FAQs About Medicare,” warns that mistakes can be extremely costly and difficult to fix. You’ll want to study up on this in advance.

For starters, if you signed up for Social Security before age 65, you’ll automatically be enrolled in Medicare parts A and B and receive your card three months before your 65th birthday. Part A covers hospitalization and is generally premium-free. Part B covers outpatient care, such as doctors’ visits, x-rays and tests, and costs $134 a month for people who enroll in 2017 (or more for high earners).