Some Thoughts to Consider for Those Helping Elders

Here are some random but important things to consider for those helping elders.

Reminder: Do not sign personally as the one responsible for the cost of another person’s nursing home expenses.  Only sign in your official capacity (e.g. power of attorney agent).  You should not sign in your individual capacity unless it is for you and unless you want to be personally liable.  Nursing home contracts may say that the sponsor or patient is responsible for nursing home payments – this violates Federal law, but it is still happening.

Reminder: If a person is receiving up to 100 days of Medicare benefits while in a skilled nursing facility, Medicare has been known to stop benefits during the 100 day period when a person “plateaus” in their medical improvement. Note that the standard is whether the treatment is needed to prevent further deterioration or preserve current capabilities (e.g. to maintain functions).  As such, in some cases, Medicare benefits should continue to run during the 100 day period and not stop prematurely.  Be an advocate!

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

View all posts by Tiffany A. O'Connell, JD, LLM, CELA, AEP →

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.