Archive for July, 2007

Elder Care: The Challenge of Caring for Aging Parents

Tuesday, July 17th, 2007

We are all so accustomed to our parents caring for us that it is so very hard when the roles reverse. We see our parents as young, strong, and invincible. But, as they age we notice how weak they have become and how much they rely on their children to help them now. Life has started changing and no longer do the parents care for the children, but the children are beginning to care for the parents. One of the things that goes along with caring for aging parents is how to handle the mobility problems that ensue when a parent begins using a walker, cane, wheelchair, or is bedridden for months at a time. Fortunately, there are wheelchair lifts, vertical lifts, dumbwaiters, and even residential elevators that assist with these problems and allow individuals to help their parents through the aging process and allow them their mobility even if it is in a different fashion than before.

It might seem difficult to make the decision to purchase a wheelchair lift or even a residential elevator for your aging parents; however these decisions have positive benefits for your parents. For example, if you have a wheelchair lift then your parents can go up and down stairs themselves without additional help. That means you don’t have to be there every single moment to ensure that your parents are ok and that their needs are met. Things like dumbwaiters are also important for aging individuals because food, newspapers, or other items may be placed inside the mini elevator and then it delivers these items to the appointed room.

Dealing with your aging parents is not easy and while it is hard to see your parents grow old and need assistance you don’t have to despair too much because there are so many options available. Your parents can stay mobile through the many devices available and you won’t have to worry about them being stuck in a single room with no way to get around.

Check into the different things that are available and the ones that would be of the most use to your aging parents. You will find that they are affordable enough to purchase and they will make life significantly easier for your parents. So, go ahead and look into vertical lifts, residential elevators, and the like to see if they will help your parents get their mobility back.

Some Elders’ Laws FAQS for Seniors in Rhode Island

Tuesday, July 17th, 2007

1) What documents should I have in my estate plan?

Every person over the age of 65 should have the following documents: a will, a health care power of attorney and a financial power of attorney. If you have any questions please contact Rhode Island attorney David Slepkow at 401-437-1100.

2) What is a Living Will?

A Living Will is also referred to as a Healthcare Power of Attorney. It allows you to designate another person to make healthcare decisions in the event you are unable to make them for yourself. For example, if you are unconscious or incompetent, your healthcare agent will make all necessary decisions regarding your care. You can specify your wishes in the document so your agent knows how to treat you on your behalf.

3) Will the State take my house if I go into a nursing home?

No. The State of Rhode Island will not take your primary residence at any time while you are alive or your spouse is alive. The State may hold a lien against your estate after your death, at which time the house may need to be sold to satisfy the lien. However, the lien is never placed while you are alive, and if you are survived by a spouse living in the residence, the lien is extinguished at your death.

4) What steps should I take to protect the house in case of nursing home costs?

One of the best ways to add protection in your estate plan is to transfer the title of your primary residence to your children while retaining a life estate. The life estate allows you to live in the house for the remainder of your natural life, while transferring the title of the house to the children. This method provides complete protection for the house after any applicable penalty period has expired and does not have any adverse tax consequences.

5) Are there any means for me to retain control of my assets while simultaneously protecting them from the reach of nursing homes?

The short answer is no. The basic principle is that if you can reach or control your assets, then the nursing home can reach and gain control of those assets. There are various means of asset protection that can be employed and you should seek our counsel.

6) What law will govern the strategies and state determinations?

The regulations of your state of principal residence will govern all medical assistance decisions. The system is federally legislated, but locally regulated. Each state has its own enforcement procedures which must be adhered to strictly.

David Slepkow is a Rhode Island RI lawyer. He practices at Slepkow Slepkow & Associates, Inc. in East Providence, Rhode Island. Please go to http://www.slepkowlaw.com for more information or to contact David Slepkow.