Articles Posted in Caregiving

Guardianship is a court process. Guardians are only appointed if an individual is deemed to be incapacitated. The determination of incapacity is made using either a physician or a psychologist. If incapacity is only temporary, a temporary or emergency guardian is appointed. To navigate the guardianship process, it’s helpful for appointed individuals to be as informed as possible. As a result, this article reviews some critical details to appreciate the nature of these arrangements.

# 1 – How to Decide a Family member Needs a Guardian

Sometimes, disability or injury make it challenging for a person to make decisions related to health care, finances, or living situations. These situations might include a loved one who ends up in a coma, someone who is mentally challenged, someone who has suffered a stroke, or someone with a brain injury. If a court assesses that a person can no  longer make life decisions, the court will hold a hearing addressing that individual’s competency. To decide whether a person is incapacitated, courts will hold a hearing to review all of the available facts.

The value of carefully drafting a trust or will is emphasized by understanding the limited situations in which a court corrects mistakes that might arise in trusts or wills. The court’s response varies based on not the jurisdiction, but also often the type of estate planning mistake that was made. This article reviews some critical details to understand how New York courts various estate planning errors.

# 1 – Distinguish Capacity and Undue Influence from Mistakes

If a mistake is the result of the lack of competence by the testator or if the testator under the undue influence of someone else, courts often apply a different test to assess whether the will or estate planning document should be set aside. It’s sometimes the case that the concepts of undue influence, fraud and mistake are joined together, which can lead to substantial confusion.

Data reveals that approximately 70% of all adults in the United States who will live to the age of 65 will require long-term care. Because many of these older adults do not require the full degree of care provided by nursing homes or have limited finances, it is important to realize that alternatives to nursing homes exist. 

# 1 – Assisted Living

Assisted living facilities are often an excellent solution for elder individuals who want a mixture of both privacy as well as community interaction. 

Trying to care for an aged parent is a challenging and sometimes impossible-seeming task. Whether you live a few hours away from your parent or on the other side of the country, it’s common to end up whether you are providing your parents with adequate care. 

As a result, this article reviews some helpful tips to make sure that you provide the best long-distance care possible for an aging parent.

# 1 – Decide What You Can (And Can’t) Do

The covid-19 pandemic has disrupted many aspects of our lives. One of the most overlooked aspects of how the pandemic has altered our lives is the pandemic has led to increased reports of elder abuse and mistreatment. Despite the Centers for Medicare & Medicaid Services’ guidelines to provide appropriate care, various reports exist of clients dying in long-term facilities without access to family members. The National Clearinghouse on Abuse in Later Life organization also reports that elder abuses are utilizing the threat of the pandemic to provide misinformation to people. To better prepare elderly individuals and loved ones for navigating the current climate, this article reviews some critical details about elder abuse during the covid-19 pandemic.

# 1 – The Pandemic Has Led to an Increase in the Risk for Elder Abuse

The pandemic has led to an increase in the rate at which elder abuse is occurring for several reasons. On its simplest terms, the pandemic has resulted in elderly individuals being further isolated than ever before. Elderly individuals also have reduced access to healthcare as well as other essential services due to the pandemic. Consequently, abusers are more likely to get away with abusing elderly individuals. The pandemic has also reduced access to respite services for caregivers and increased that make individuals likely to be abusive. Consequently, the atmosphere is riper than ever for elderly abuse.

Adequate estate planning is a critical part of the divorce process, but it is frequently overlooked because people are worried about navigating many other aspects of the divorce process. 

Careful attention should be paid to the complex issues that arise when handling estate plans where a divorce action is either pending or has been finalized. You should continuously review and update your estate plan after separation and before filing a divorce complaint as well after filing a final decree of divorce.

To make sure that you engage in sufficient estate planning after a divorce, this article reviews some key strategies that you should make sure to review so you have the best chance possible of protecting your wishes after divorce and separation.

The term, sandwich generation, was created to refer to a generation of individuals who were taking care of their parents while also having their own children. As the baby boomer generation ages, younger individuals are moving into a similar situation and in many cases are doing so at a younger age than their parents did. While this can be a complex process, adequate planning can help.

A recent AARP study found that approximately one in four family caregivers is a millennial, which refers to individuals born between 1980 and 1996. One reason why younger caregivers are becoming more common is that many baby boomers decided to wait until later in life to have children. Another reason for the increase in millennial caregivers is that divorces are more common and millennials are often acting in the caregiver role that a spouse would have filled. 

Caregiving for an elderly loved one is not an easy process. For one, providing care to an elderly loved one is a time-consuming process. Young caregivers also have less secure jobs and are hesitant to discuss caregiving obligations with the previous generation. Even in the best situation, acting as a caregiver while juggling employment and other obligations can be overwhelming. Through adequate planning, you can fortunately avoid some of the stress associated with caring for your loved one. As a result, this article reviews some important support systems that you should make sure to have in place if you are caring for an elderly loved one. 

The Department of Justice recently indicted four men including two individuals who are located in Canada and two in the state of New York for a mass-mailing scheme that robbed thousands of senior citizens of tens of millions of dollars. 

Based on the Canadian indictments, the accused fraudsters sent mail to thousands of elderly individuals whose names and addresses were obtained from mailing lists. The mail promised cash prizes in exchange for a fee of anywhere from $19.95 to $39.95 and included a return envelope to mailboxes across the United States that were rented using fake identities.

Based on the New York indictments, the accused fraudsters sent mail to hundreds of thousands of elderly individuals in the guise that they could win millions of dollars in cash rewards if they paid a fee between $19.99 to $24.99. Many of the people who sent money in response were elderly. These alleged fraudsters obtained the names and addresses of victims through mailing lists and netted $7.5 million per year.

Placing a loved one in a nursing home is one of the most difficult decisions that many people make. It isn’t easy for a person to make the transition from living at home to living in a nursing home. To make the place feel more in common, it’s common to bring personal belongings to the nursing home to make your loved one feel more at ease. Unfortunately, however, items can sometimes go missing. As a result, this article reviews some critical things about nursing home theft as well as how to deal with it.

# 1 – What Type of Property Goes Missing Most Often

Any item can be stolen from a nursing home. Some objects, however, tend to go missing more often than others. Some of the most frequently stolen items include:

An elderly individual or person who is receiving care at a nursing home should not be required to live with bed sores. In many situations, bed sores are a good indicator that a person is being neglected. These sores can lead to infections that can jeopardize a person’s health and even lead to death. Sometimes also referred to as “pressure sores”, if you see these on your loved one you should not hesitate to speak with an experienced elder abuse lawyer. It also helps to understand some important details about the nature of bed sores.

# 1 – The Names for Bed Sores

Bed sores are injuries that occur when the pressure of a person’s weight reduces the blood supply to certain points on both the skin and underlying tissue. If not adequately treated, skin and other issues eventually die and leave an open wound. Bed sores occur among individuals who are unable to move to relieve that pressure, which is most common among the bedridden. While they’re frequently referred to as bed sores, these injuries are also sometimes referred to as pressure sores, pressure ulcers, or decubitus ulcers.

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