crm Long Term Care


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ncreasingly, we are seeing families who feel forced to delay placing an elder in assisted living or skilled nursing facilities for economic reasons. The elder’s resources may have declined due to the recession, or the family’s overall financial situation may be compromised so that others are unable to contribute to the cost. This may result in increasingly difficult care situations at home, sometimes leading to a decline in health or even injury. For example, if Mom is falling in her home and really needs a supervised setting, a delay in placement may place her at risk for fall injuries. If Dad is repeatedly hospitalized for dehydration because he is not eating properly or consuming enough fluids, some difficult decisions may need to be made. But how is the cost to be met?

Medi-Cal pays for skilled nursing only, and then only when the resource limits are met. Many facilities do not take Medi-Cal at all. Even if the preferred one does participate in the Medi-Cal program, it may expect a period of private pay initially. As for assisted living, private resources must pay. Especially in a dementia situation, this can be quite expensive.

Rather than hope nothing drastic happens, we encourage clients to seek the help of a good placement service or care manager to assist in considering the options. Facilities with empty beds or rooms may be quite willing to negotiate about costs. A needs assessment will start identifying places that may be appropriate, given the resources available and the location preferred. Going with family members to visit those places, and asking questions that the family may not think about, the placement consultant or care manager can make the process much less stressful, and may be able to reduce the monthly cost.

In one recent case, the placement consultant identified three places, visited them with the son and daughter-in-law, negotiated some cost reductions, and helped the transition by suggesting that the new room be set up exactly like the mother’s bedroom at home, down to pictures on the wall and the rug on the floor. The transition went very smoothly, and the family was happy to have a professional member on their team at this critical time. The care is still expensive, but the cost of the consultant was more than justified by the negotiated monthly savings and the stress reduction all around.

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n November 12, 2009, television station CBS 5 revealed an alarming string of thefts from elderly customers by a bank employee.

In one incident, an employee ordered duplicate ATM cards when an 86-year-old customer reported his card lost. The employee had friends use the duplicates to withdraw $8,000 from the customer’s account. The customer was unaware of the theft until he was notified that his account was overdrawn, which had never happened to him before.

In another, an employee befriended a customer and was writing checks out for her to sign, some of which were for legitimate bills and others of which were payable to the employee.

Larson said an employee at this Bank of America branch in Lafayette befriended her mother [77-year-old Frances Saimons]. “He was more than very nice. He was charming,” Saimons said.

Saimons said he helped her manage her finances. “Always, he always wrote my checks out,” she said. “He would say sign there, and I would sign it.”

The customer did not realize that $28,000 in checks had been made out to the employee until a bank investigator visited her daughter. The employee claimed that the checks were loans, although the victim denied this and the bank has a policy forbidding such a practice.

Family members are often reluctant to interfere in the personal business of an elder, which is understandable. But polite inquiry about their opinion of the bank, whether they find the bank employees helpful and how, might be acceptable. Sometimes the elder will permit a family member review bank statements. The sooner problems are spotted, the more quickly damage can be limited and, hopefully, remedies sought.

Financial elder abuse can be a crime, and banks are mandatory reporters to Adult Protective Services (APS) when they become aware of such behavior. Notify the bank and APS immediately if you suspect abuse. To obtain more information or to report adult or elder abuse call APS at (510) 577-3500 or toll free at (866) 225-5277, 24 hours a day and all referrals are confidential.

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lacing a relative in a nursing home is a stressful experience by itself. Add to that the complexities of the Medi-Cal system, which pays for nursing home care under certain circumstances, and it’s easy to feel overwhelmed. Here are some basic concepts that should be helpful.

Concept One: Medicare or Medi-Cal

Medicare and Medi-Cal, although they sound alike, are very different, and it’s important to understand what each does in the nursing home context. Medicare is what comes with Social Security and is not “means-tested” (explained below). It does not pay for nursing home care unless the condition is one from which a person might recover, and s/he is making progress toward recovery. Very few residents of nursing homes are covered by Medicare, and even then only for brief periods while rehabilitating from conditions such as broken hips and strokes.

(more…)

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ere’s a nightmare situation, not uncommon in Elder Law practice.

A parent lives in squalor, without proper nutrition, refuses to see a doctor, doesn’t bathe, doesn’t take medications that were prescribed years ago after the last contact with a doctor, refuses help, won’t move to assisted living, the house needs repair, and so on. Or, to make things even worse, there are two parents in this situation. Either way, the adult child is desperate for a solution.

It is commonly believed that establishing a Conservatorship, through a costly and stressful Court-supervised process, will force the parent(s) to cooperate, but this is often not the case. Many people in this condition don’t care what piece of paper someone has from what Court; they will not, or cannot, live a safer or more appropriate life, and will refuse to cooperate with all efforts to improve the situation. Conservatorship is not a magic wand, and comes with no method to enforce a Conservator’s decision that the parent(s) live elsewhere, eat, take pills, see a doctor, or fix the house. It may be that waiting for an acute medical condition to occur, forcing hospitalization and possibly nursing home placement of someone who is too sick to fight back, is the only solution.

This interim is a good time to ask a care manager to take a look, even though the parent adamantly refuses to consider having help in the home. When there appear to be untreated medical problems, a care manager who is an RN, or has one on staff, may be preferable. If the care manager can get into the house, options for obtaining some measure of cooperation may be apparent.

The care manager’s assessment may also help determine whether or not, if the child is considering petitioning for Conservatorship, a Conservatorship of the Person would be workable. It is not advisable to request authority to manage food, clothing, shelter, and physical health if there is no way to perform those duties. Care managers, however, often know very skillful and experienced caregivers who can be effective in the most difficult situation.

The child must be prepared to sign a contract for the assessment, and be financially responsible for it. This usually amounts to a few hundred dollars and is almost always a good investment.

Even if a solution does not immediately result, the child will have a relationship with someone who can be called in if things change, and will feel better for having done whatever is possible under the current circumstances.

A version of this article originally appeared in the Bulletin of the Alameda County Bar Association.

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Heard this morning on NPR, click here to listen to a wise and moving account of a daughter’s search for a strategy to appeal to her mother to move to assisted living.

Fanni Green tells her daughter, Danyealah, about moving her mother, Pauline, into an assisted living facility after her health began to fail.

Listen to this and other stories at StoryCorps’ web site.

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