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scottelderlaw
Scott Counsel Estate & Elder Care Law
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scottelderlaw · 6 years ago
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Home Dementia Exercise Program Increases Abilities and Improves Symptoms
Dementia exercise programs improve cognitive symptoms
A new dementia exercise therapy program that can easily be done at home improves abilities and quality of life in seniors with Alzheimer’s or dementia.
Love to Move is a chair-based exercise program designed for seniors with dementia. It was developed by the British Gymnastics Foundation (BGF) and inspired by successful programs in Asia.
It’s been shown to improve cognitive function, reduce depression, improve balance, and improve ability to perform everyday tasks.
We explain what the Love to Move program is and how the exercises improve dementia symptoms. We also share the free instruction booklet BGF created so you can do these simple exercises with your older adult.
  How the Love to Move program helps seniors with dementia
Experts in Japan created chair-based dementia exercise programs to improve the lives of nursing care residents with dementia. The simple exercises were based on cognitive stimulation, memory arousal, and music. The results were so positive that the program won full state funding and is now used in every care home across the country. The BGF was so inspired by the Japanese program’s success that they worked with the program leaders to design UK-based dementia exercise programs using those same principles.
BGF’s pilot program showed amazing results in seniors with dementia:
71% of participants had noticeable physical improvements
86% were socializing more with other residents and staff
93% seemed happier and more settled
100% were easier to connect with
  Why exercises for dementia improve ability to perform everyday tasks
The Love to Move program is based on the concept of performing different movements with the right and left sides of the body at the same time. Basically, it’s like patting your head and rubbing your stomach at the same time. These types of exercises take a lot of concentration. When practiced, it increases the ability for the right and left sides of the brain to process information independently of each other. This increases the number of neural connections and increases cognitive ability. The Love to Move exercise program has increased seniors’ ability to perform everyday tasks like feeding themselves, engaging in activities, and communicating with family and friends. Coordination and ability to sit unassisted in a chair was also improved.
  Simple at-home dementia exercise programs
The BGF created a free booklet with 4 essential home exercises from the Love to Move program so older adults everywhere can benefit from this program. It includes straightforward instructions, example photos, and special tips from head coach Kim Hall on how to make the exercises easier and more effective. Print or save the booklet and give these exercises a try with your older adult.
  Source: https://dailycaring.com/dementia-exercise-programs-increase-abilities-and-improve-symptoms/?utm_source=DailyCaring&utm_campaign=41b883e58b-DC_Email_2019-04-08&utm_medium=email&utm_term=0_57c250b62e-41b883e58b-123358125
The post Home Dementia Exercise Program Increases Abilities and Improves Symptoms appeared first on Scott Counsel.
source http://www.scottcounsel.com/Home-Dementia-Exercise-Program-Increases-Abilities-and-Improves-Symptoms/
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scottelderlaw · 6 years ago
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Hospice Care: Practical Information & Personal Reflections
While a cancer diagnosis is no longer tantamount to a sentence of death, in my Mother’s case, it was. In August of 2004 a five-inch malignant tumor was discovered in the liver of my otherwise healthy, vibrant and active 74-year-old Mom. The diagnosis was inoperable and untreatable liver cancer; therefore, I had no choice but to ultimately accept the fact that she had approximately six months to live. In the fall of 2004, I attended a seminar offered by a local hospice designed to educate those professionals who provide services to the elderly on the fundamentals of the hospice program. While the information presented proved to be helpful to me in counseling elder law clients, the main benefit that I derived was personal.  I learned how this organization could assist my only surviving parent as well as family and friends in coping with the dying process on all levels.
This article addresses the following topics: history and structure of hospice, payment for services, services covered by Medicare. As suggested by the title of this article, one of the purposes in writing this piece is to share my individual perspective as a daughter and long distance caregiver. I therefore conclude the article with my own personal reflections.
The linguistic root of the word “hospice” is the Latin word “hospes” which refers either to a visitor or host who receives the visitor. The word “hospital”, “hospitality” and “hostel” share the same origin.  Dame Cicely Saunders, an English physician, started into motion the chain of events that would evolve into the modern version of hospice care. The hospice concept was first introduced to the medical community in the United States in 1965 by Dame Saunders who subsequently founded St. Christopher’s Hospice in London in 1967. She lived out her final days in that facility where she passed away at age 87 on July 14, 2005.
Over the last half of a century, the hospice concept has evolved into a philosophy of care as opposed to a physical location. The current emphasis is on assisting patients to remain at home during their final days with medical professionals and volunteers offering in – home expert support to family and friends in caring for the dying person. Inpatient hospice units are available for those whose medical conditions cannot be safely or adequately addressed outside of an institutional context.  Cindy Baptista, RNC, CHPN, Director of Hospice, Palliative and Oncology Care at Moorestown VNA & Hospice summed it up like this:”Hospice allows a patient to live their final days in comfort, and with dignity. It gives the family physical, emotional and spiritual  support so they can share the precious time they have left with their loved one. Hospice is truly a gift we can give to our loved one and ourselves.”
According to the 2017 edition (rev. April 2018) of NHPCO Facts and Figures: Hospice Care in America” published by the National Hospice and Palliative Care Organization, approximately 1.43 million patients on Medicare received services from hospice in 2016. Furthermore, there were 4,382 Medicare certified hospice programs in operation in all 50 states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands. (By comparison, there were approximately 3,300 operational hospice programs in the United States serving an estimated 950,000 patients in 2003.)
Currently, cancer patients account for 27.2% of hospice admissions. The top five primary non-cancer diagnoses (other than “debility unspecified” and “other”) included dementia, heart disease, lung disease and stroke or coma.
Hospice’s fundamental mission is to assist terminally ill individuals in living out their remaining days with dignity. The program is structured to provide palliative rather than
curative treatment. Thus, the emphasis is on managing pain, enhancing comfort and quality of life as well as providing spiritual and emotional support to the patient and the family. The tricky issue is when to seek hospice intervention. A requirement for enrollment is a medical diagnosis of a terminal illness which is generally measured by a prognosis of a life expectancy of six months or less. Statistics show that most do not take advantage of the program until death is imminent. Indeed, the length of service for 27.9% of patients in 2016 was less than 7 days.
The failure of so many to take advantage of the hospice benefit at an early date may be attributed to lack of education as well as reluctance to admit that someone is facing the end of their life. The prevailing attitude seems to be that life is over once hospice comes in. In addition, some individuals suffering from a serious illness choose to exhaust every available curative treatment no matter the agony that it may cause or the odds of success of the treatment, thus precluding the availability of hospice.
One of the most distinctive elements of hospice care is its focus on the family and other loved ones of the sick person. Assistance in the form of bereavement services is available after the patient’s death. In fact, regulations require completion of a bereavement assessment in order to determine whether family members are at serious physical or mental health risk after experiencing loss.
  PAYMENT FOR SERVICES
Fortunately, most have no need to be concerned about how hospice care will be financed. Most private health insurers, health maintenance organizations (HMOs) and other managed care plans as well as the Department of Veterans Affairs provide coverage for hospice care. If a patient has limited financial resources and no insurance or is ineligible for governmental benefits, many hospices provide services without charge.
Until 1982, Medicare did not cover hospice services. Under legislation enacted in 1986, Congress established the permanency of the coverage. Finally, hospice was included as a nationally guaranteed benefit under President Clinton’s 1993 health care reform proposal.
Those seeking Medicare hospice benefits must satisfy the following criteria: (1) The patient must be eligible for Medicare Part A. To qualify for Part A an individual must fall within one of the following categories: age 65 or over, qualified for Social Security disability benefits for at least two years, suffer from amyotrophic lateral sclerosis (ALS), have had a kidney transplant, or need regular dialysis; (2) the patient’s physician and the hospice medical director must certify that the individual has less than six months to live if the disease runs its normal course. However, it should be noted that the hospice benefit consists of two 90-day certification periods and an unlimited number of subsequent 60-day periods. While the first 90-day certification must be issued by both the attending physician and the hospice medical director, all recertifications may be issued by either of them; (3) The patient (or legal representative) signs a statement choosing hospice care instead of other Medicare covered benefits to treat the terminal illness. However, Medicare will continue to pay for covered benefits for health issues not related to the terminal illness. The patient will be responsible for any co-pays or deductibles; and (4) The care is received from a Medicare approved hospice program. According to the NHPCO, approximately 90% of hospices are Medicare certified.
Services Covered By Medicare
The Medicare hospice benefit is provided under Medicare Part A (Hospital Insurance). In recognition of the diverse intensities of care required by hospice patients, four levels of care are offered: Routine Home Care, Continuous Home Care, Inpatient Respite Care, and General Inpatient Care. The classification determines the rate of reimbursement from Medicare. Not surprisingly, most of hospice care falls into the Routine Home Care category.
The following services are not covered: Treatment to cure terminal illness; charges for room and board for hospice care in home, a hospice facility nursing home or other long term care facility such as assisted living; any care, medications, equipment or transportation that is not authorized by hospice.
The services offered include providing educational material and classes to the survivors about the normal grieving process, ability to participate in support groups, periodic visits by a bereavement volunteer and referral to a mental health professional where appropriate. Terminally ill patients not yet in hospice are entitled to a one-time educational consult by a hospice physician. Many who have benefitted from the services ultimately choose to participate in the hospice volunteer program. Volunteers are able to offer an extraordinary depth of comfort and support as a result of the compassion and empathy that is developed through the experience of their own personal losses.
Federal law requires a hospice provider to maintain written policies and procedures regarding advance directives as set forth in Section 1866 (f) of the Social Security Act. The patients must be informed of their rights to refuse or consent to treatments, and how to legally execute an advance directive. However, the provider may not require execution of an advance directive as a condition of providing care and may not discriminate against an individual who refuses to sign the document. Likewise, a signed DNR order is not a prerequisite to acceptance to the hospice program.
  PERSONAL REFLECTIONS
After my Mother’s cancer diagnosis, my family explored all treatment options and early on, she submitted to a mild form of chemotherapy which landed her in the hospital. She decided (after a great deal of soul searching and prayer) to forego curative treatment and let nature take its course. She wanted to live her remaining days to the fullest extent possible. The pain and nausea that she experienced during the initial five months after her diagnosis were by and large controlled through relatively low doses of the appropriate medication. I happily flew out to my hometown where she still lived eight to ten days each month. We shopped, we ate, attended religious services, visited with friends and family and had a lot of fun. However, at the beginning of the sixth month, both the pain and nausea began to escalate. Like many cancer patients, she refused to take the morphine until she was actually in pain. The reason that pain is often under treated is the unsubstantiated fear of addiction or side effects. Indeed, my mom wanted to retain her lucidity and also felt that taking regular doses of morphine was an admission that the disease was getting the best of her.
Based on my understanding that one of hospice’s major roles is pain management, I began to investigate the program. I knew that my mom was eligible since she met the life expectancy requirement, was no longer seeking a cure, her physician agreed that hospice was appropriate and she was living in a secure environment with my stepfather acting as primary caregiver with the assistance of friends, church members and me. The myriad of available services convinced me that the program was right for our family. Since there was only one hospice in her town, the choice was easy. For those who live in communities that support multiple hospices, it may be wise to conduct phone interviews to help in determining which program is right for the family. Consider the following suggested questions reproduced from the website of the Hospice Foundation:
Does the hospice serve the area in which the patient resides?
How long has the hospice been in operation?
Is the hospice certified by Medicare?
Does the hospice accept Medicaid?
What other insurance is accepted?
Is the hospice licensed by the State?
What services does the hospice provide? – Phone calls to the family? – Mailings on what to expect? – Support groups? – Retreats or activities for the family?
What, if any, hospice services does the hospice not provide?
Is participation in care by a family caregiver required for hospice enrollment?
What is expected from the family caregiver?
How can hospice supplement the family’s responsibilities?
To what degree are volunteer services available in the home?
What, if any, out-of-pocket charges can we anticipate? For what services?
How often does hospice staff make home visits? (E.g. once a day visits, every other day visits, or once a week visits? Note: This will change as the patient’s condition changes.)
Nurse ___________________________
  Social WorkerSocial worker ______________ Home health Aide ______________________ Doctor ________________________________ Volunteer ______________________________ Pastor or chaplain ______________________
Who provides on-call coverage during nights and weekends? The staff of the hospice?
Is a home health aide on duty 24 hours a day if needed? 12 hours a day? Is on-call coverage contracted out to other persons?
Does the hospice have contracts with local long-term-care facilities? If so, which one(s)?
Does the hospice have an inpatient facility? Does the hospice contract for this? May I tour the facility?
Does the hospice provide funeral arrangement support?
What bereavement services are provided? Type: Individual ______ Group______ Duration of Sessions: ______ Extent of Support: month ______ 6 months ______ year ______
Are bereavement services performed: In person? a) Individual sessions? b) Group sessions? By phone? __________ (Some programs offer only bereavement follow-up phone calls)
          Cynthia Sharp, Esquire is Advisor Emeritus at Scott Counsel, PC in Cherry Hill, NJ and can be reached directly at 609 923 1017.  Check out www.scottcounsel.com if you are interested in additional information in the elder care area.
The post Hospice Care: Practical Information & Personal Reflections appeared first on Scott Counsel.
source http://www.scottcounsel.com/Hospice-Care:-Practical-Information-&;-Personal-Reflections/
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scottelderlaw · 6 years ago
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8 Ways to Prevent Alzheimer’s Wandering
Alzheimer’s wandering is dangerous. Getting lost or accidentally wandering away is a serious issue for people with Alzheimer’s or dementia and a major worry for caregivers. According to the Alzheimer’s Association, 6 out of 10 people with dementia will wander. It can happen at any point in the disease, even if they’ve never done it before. It might seem unbelievable that seniors who are frail, slow-moving, or use a walker could get very far without anyone noticing. But it really does happen! The scary thing is that some older adults who wander away are never found and some pass away due to accidents or exposure. That’s why it’s so important to keep your older adult safe and do your best to prevent them from wandering.
We share 8 ways to reduce wandering behavior and keep seniors safe even if they do wander.
What causes Alzheimer’s wandering? There are many reasons why someone with Alzheimer’s might wander, including:
Fear or stress – they might not recognize where they are, the environment is overstimulating, or a loud noise or confusing situation could upset them Basic needs – they might be looking for food, a bathroom, or just want to get some fresh air Searching – they might get lost while looking for someone or something Boredom – they could be looking for something to do Old routines – they might be trying to go to work, do chores, or run errands like they used to
8 ways to prevent Alzheimer’s wandering
1. Install door and window alarms and locks Making it difficult for someone with Alzheimer’s or dementia to get outside the house is essential to preventing wandering.
Simple home safety modifications can make it tough for them to open doors to the outside, including:
Adding childproof door knob covers (like these) make it more difficult to open doors Installing an additional lock higher up on the door so they’re out of your older adult’s line of sight because people with dementia often don’t look above eye level – try this for regular doors and this for sliding patio doors Installing door and window alarms (like these) to alert you if they’re opened Using pressure-sensitive alarm mats (like this) next to their bed to alert you if they get up at night Using an alarm like SafeWander that’s triggered when a specific threshold is crossed Important: Be aware of fire safety needs for everyone in the house. Make sure all locks are easily accessible to people without cognitive impairment. Doors should be able to be opened quickly in case of emergency.
2. Camouflage doors that lead outside Another way to discourage your older adult from opening doors that lead outside is to camouflage them. Often, people with dementia won’t be able to find the door if you cover it up or won’t open it if you place large signs on it. For example you could install a curtain rod above the door to hang a dark curtain or wall hanging over the door. Slide the curtain open and close as needed, taking care to not let your older adult see you do it. You could also place large signs saying “DO NOT ENTER” or “STOP” on the door. Many people with dementia won’t open a door with those types of signs.
Another effective technique is to put a large black doormat in front of the door. Seniors with dementia often think that dark areas of the floor are holes and won’t walk over them. This will discourage them from actually reaching the door.
3. Clearly mark interior doors When they’re trying the doors leading outside, your older adult could actually be looking for an interior room, like the bathroom, kitchen, or their bedroom. Make these key rooms easier for them to find by adding large signs or pictures on these doors or leaving the bathroom light on at night.
4. Find and solve triggers for wandering behavior Another thing to do is to identify the causes for your older adult’s wandering behavior. Make notes of when it’s happening and what they were doing or saying just before. Over time, you may discover a pattern, like they wander around the same time every day, when they’re bored, looking for the bathroom, or hungry. If wandering is caused by boredom or a physical need, find meaningful activities to keep them engaged and make sure to encourage a toilet visit or get them a snack or beverage before that time of day. Some people may be trying to return to an old routine, like going to the office in the morning or picking up a child from school in the afternoon.
To reduce this need, tell reassuring fibs. You could say that it’s a federal holiday and the office isn’t open today. Or mention that their child has a playdate at a friend’s house and the friend’s mom promised to drop them off later. Then, distract your older adult with a favorite activity or snack to take their mind off of their old routine.
Other seniors are looking for a person or object and wander because they’re searching. Think creatively to reassure them that everything is ok. You could say that the lost item is being repaired or in a safe place with a trusted friend. Or you might say that the person they’re looking for called to say they were delayed, but would be there in the afternoon or the next day. Encouraging them to tell you about the person or object often calms them down, distracts, and reduces the urge to search.
5. Enroll them in a safe return program In case they do get out of the house, make it easier to find your lost older adult by enrolling them in a program like the Alzheimer’s Association’s MedicAlert Safe Return.
Once enrolled, your older adult will get a wearable ID that allows people and law enforcement to identify a found senior and contact you. You can also call a 24/7 toll-free support line if you need to report your older adult missing. You may also want to contact local law enforcement agencies to ask if they offer Silver Alert or similar programs that help caregivers locate missing older adults.
6. Have them wear a GPS device at all times You might feel safer if your older adult wears a GPS tracking device at all times. A wearable GPS device like a wristband sends out tracking signals that can be followed by rescue personnel.
Some local law enforcement agencies offer locator services like SafetyNet or Project Lifesaver. If your older adult won’t tolerate a wearable tracker, consider the SmartSole. It’s a GPS tracker that’s hidden in shoe insoles.
7. Hide keys, purses, wallets
If car keys are accessible, seniors could drive off before you return from a quick bathroom break. To prevent this from happening, make sure all car keys are well-hidden and consider adding a steering wheel lock to the car.
Another precaution is to hide their purse or wallet. Some people won’t leave the house without those essentials.
8. Be prepared Other ways to prepare just in case your older adult wanders and gets lost are to:
Snap a quick photo of them each morning. You’ll always have an up-to-date photo with the clothes they’re wearing that day in case you need to show it to law enforcement and rescue personnel. Alert neighbors to their wandering behavior and share tips on how to distract or slow them down. Make sure all neighbors have your contact information. Sew or iron-on ID labels with contact information into all their clothes.
Source: https://dailycaring.com/8-ways-to-prevent-alzheimers-wandering/?utm_source=DailyCaring&utm_campaign=ae126a2562-DC_Email_2019-03-25&utm_medium=email&utm_term=0_57c250b62e-ae126a2562-123358125
The post 8 Ways to Prevent Alzheimer’s Wandering appeared first on Scott Counsel.
source http://www.scottcounsel.com/8-Ways-to-Prevent-Alzheimer's-Wandering/
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scottelderlaw · 7 years ago
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Homeowner and Reverse Mortgage Scams
Homeowners beware! Another potential source of financial scam is through reverse mortgage scams. Direct mail pieces, emails, even TV ads, promote that these “financial advisors” can exponentially increase the potential monetary value of your home or property. Sometimes these written pieces seem official and appear to be written “on behalf” of an official from your county, like The County Assessor.  This letter may state the assessed value of the property and give the homeowner the chance for a reassessment of not only the property value, but also the taxes associated with it. These con artists use public information and twist it through false advertising into a financial scam to get you to provide them with funds.
For more information on reverse mortgage scams, investment schemes and other types of fraud targeting the elderly, be sure to visit our Resources page to receive a free copy of our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Homeowner and Reverse Mortgage Scams appeared first on Scott Counsel.
source http://www.scottcounsel.com/homeowner-and-reverse-mortgage-scams/
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scottelderlaw · 7 years ago
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Investment Schemes
In a perfect world, most adults begin saving and planning for their retirement well before they are actually able to retire. This careful planning and management of funds can make seniors susceptible targets of investment schemes. Investment schemes can come in many forms. Everybody knows about the infamous Ponzi scheme –  a pyramid scheme that gives the appearance of earnings and profits when they really do not exist. Then you hear crazy stories about a Nigerian prince needing an heir to share in his newly discovered inheritance or other similarly concocted nonsense.  Regardless of the type of investment scheme, they are a way for scammers and con artists to get rich quick off elderly and vulnerable individuals.
For more information on investment schemes and various other scams perpetrated against seniors, check out the Resources page for a free download of our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and guide you in a secure plan for your future.
The post Investment Schemes appeared first on Scott Counsel.
source http://www.scottcounsel.com/investment-schemes/
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scottelderlaw · 7 years ago
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Counterfeit Prescription Drugs
Obtaining medical prescriptions online has become increasingly easy and prevalent. Savvy shoppers are learning to do their due diligence and research rather than just fill prescriptions at their local pharmacy. Many online retailers offer greater discounts in bulk amounts with expedited ease. However, there is a sordid side to getting online prescriptions filled. There is a high incidence of counterfeit prescription drugs being made and used to fill every day orders. This is a very common scam that the Food and Drug Administration (FDA) is tracking.
Besides the danger of ingesting something harmful or NOT ingesting the medicine you really need, you are now transmitting your financial information to online con artists. We highly recommend you always verify that you are using approved vendors for medical and financial purchases.
For information on this and many other types of scams targeting the elderly, be sure to check out the Resources page for a free download of our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Counterfeit Prescription Drugs appeared first on Scott Counsel.
source http://www.scottcounsel.com/counterfeit-prescription-drugs/
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scottelderlaw · 7 years ago
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Medicare and Health Insurance Scams
Who is eligible for Medicare? Generally Medicare is available to people 65 or over, younger people with disabilities and people with end stage renal disease (www.hhs.gov). Medicare has two parts: Part A (hospital insurance) and Part B (Medicare insurance). There are eligibility requirements; which you can find online at www.hhs.gov (U.S. Department of Health & Human Services).
Why are we highlighting Medicare? There are many ways for crooks and financial scammers to find out your age, where you worked, if you paid taxes, where you live, and surmise if you are eligible for Medicare. Some scammers may pretend to be representatives of Medicare in an effort to coax personal information from their targets. Taking it to the next level, there are even reports of fake mobilized clinics where unlicensed services were performed and then Medicare was billed.
For more information on this and other types of scams that con artists used to target the elderly, be sure to check out our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones from our Free Resources page.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Medicare and Health Insurance Scams appeared first on Scott Counsel.
source http://www.scottcounsel.com/medicare-and-health-insurance-scams/
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scottelderlaw · 7 years ago
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Internet Fraud
There’s no denying the fact that the Internet is a huge part of daily life for millions of people in today’s society. For younger adults and children, learning to navigate the complexities of the world wide web is easier and is part of daily routines.  This familiarity with using the Internet consistently and regularly leads to the belief that younger people are more likely to recognize internet scams or fraud and avoid them. The same may not be said for seniors and the elderly. Since some older adults tend to have limited access to the Internet, they unknowingly become easier targets for scammers when they do start going online more frequently.
Potential situations that could arise include: falling victim to some pesky pop-up ads claiming their computer is infected with a virus and that a “free scan” (from a fraudulent anti-virus program) is needed to get rid of it. There is also potential that the scan may con the Internet user out of a great deal of his or her money, or even infect the computer with an actual virus that exposes all of the computer’s information to scammers and con artists.
Another internet scam that seniors often fall prey to comes in the form of email or phishing scams. In these types of scams, he or she may get an email from a seemingly legitimate company asking them to either update or confirm any personal information. Another such email scam may even appear to be coming from the IRS regarding a tax refund. We find it is vitally important that seniors and the elderly learn about how to protect themselves online, There clearly are advantages in learning how to use the Internet; we strongly recommend finding safe and proper ways to do so.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Internet Fraud appeared first on Scott Counsel.
source http://www.scottcounsel.com/internet-fraud/
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scottelderlaw · 7 years ago
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Funeral and Cemetery Scams
Losing a loved one is hard enough on its own without also having to worry about fraud on top of it. The sad truth, however, is that there are two types of funeral and cemetery scams that target seniors, according to the Federal Bureau of Investigation.
The first comes in the form of scammers and con artists reading obituaries or either calling or attending a funeral service of someone they don’t even know for the express purpose of taking advantage of the stranger’s grieving loved ones. They may make claims that the individual had an outstanding debt with them in an effort to extort money from relatives.
The second type of scam comes from funeral homes that are in disrepute. These facilities will often take advantage of a person’s unfamiliarity with just how much a funeral costs in order to get unsuspecting family members to pay for extra services they do not need–thereby adding to the bill and putting more money in the pockets of the funeral home. As an example, in this type of scam, a funeral director may insist on using a casket even if a cremation is to be performed.
For more information on the different types of scams that target seniors, and how to watch out for them, make sure to visit our free resources page to download of copy of Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Funeral and Cemetery Scams appeared first on Scott Counsel.
source http://www.scottcounsel.com/funeral-and-cemetery-scams/
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scottelderlaw · 7 years ago
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Fraudulent Anti-Aging Products
The unfortunate truth of today’s society is that each and every person is expected to be young, vibrant, and beautiful 24 hours a day, seven days a week. Think about how many different anti-aging products you see commercials for everyday. Even people who don’t seem to actually need anti-aging products are using them! So, is it really any surprise that unsuspecting older adults and seniors can become easy targets for scammers promising the newest and best in anti-aging products? After all, there are some who may feel it is necessary to hide their true age via “miracle” products in order to feel more accepted in social circles or society in general.
It is the above mindset, then, that pushes older adults to look for the next best way to keep up a more youthful look and erase any wrinkles and signs of aging -often through treatments or medications- and this is where scammers will come into play. They may promise younger, better-looking skin through Botox scams or some type of homeopathic remedy that doesn’t actually remedy anything at all.
Scams involving Botox can be quite dangerous, since many labs creating fake Botox are often working with the real root ingredient, botulism neurotoxin. This is, in fact, one of the most toxic substances there is, and these fake miracle products can often produce side effects far more dangerous to a person and his or her health than simple wrinkles or droopy skin. A person’s life can literally be at stake, so it is important to be on your guard when it comes to any kind of beauty or anti-aging product that seems suspicious.
  If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Fraudulent Anti-Aging Products appeared first on Scott Counsel.
source http://www.scottcounsel.com/fraudulent-anti-aging-products/
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scottelderlaw · 7 years ago
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Top Ten Senior Financial Scams
The unfortunate truth is that seniors and the elderly are often easy targets when it comes to financial scams. The reason for this is because financial scams against the elderly go unreported for a number of reasons, not the least of which is simple embarrassment. In fact, financial scams are so prevalent among the elderly for the simple reason that seniors and the elderly are often thought to have a large sum of money in their bank account. Oftentimes, financial scams and crimes can be difficult to prosecute, and, as such, are considered to be “low-risk” crimes. However, this is simply not the case, as financial scams can leave anyone (but especially the elderly) incredibly vulnerable with not much (if any) time to get back all the money they lost.
While you may think that a majority of targeted seniors are wealthy, this too is a misconception. Those older adults with lower incomes can also become targets for scams, and the surprising truth is that, oftentimes, it isn’t a complete stranger perpetrating the crime. More than 90% of elder abuse–including financial scams–are committed by someone close to the elder, even family members.
So, what are the top ten financial scams against seniors? Let’s take a look:
1. Medicare and health insurance scams
2. Counterfeit prescription drugs
3. Funeral and cemetery scams
4. Fraudulent anti-aging products
5. Telemarketing and phone scams
6. Internet fraud
7. Investment schemes
8. Homeowner and reverse mortgage scams
9. Sweepstakes and lottery scams
10. The grandparent scam
We’ll be covering many of these a bit more in-depth over the course of several individual articles, but this was just a simple overview to show just how prevalent financial scams against the elderly can be and are. If you would like more information on this subject right now, you can check out our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones by visiting the Free Resources page of the site.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Top Ten Senior Financial Scams appeared first on Scott Counsel.
source http://www.scottcounsel.com/top-ten-senior-financial-scams/
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scottelderlaw · 7 years ago
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How to Set Up a Funeral Trust
There are multiple ways a funeral trust may be set up:
It may be set up directly through the funeral services provider.
You can find someone who deals with funeral trusts specifically via the internet to walk you through the process.
Funeral trusts are also sold through insurance companies, and any such trusts are normally funded via single-premium whole life insurance.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post How to Set Up a Funeral Trust appeared first on Scott Counsel.
source http://www.scottcounsel.com/how-to-set-up-a-funeral-trust/
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scottelderlaw · 7 years ago
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Advantages and Disadvantages of a Funeral Trust
Just like a great many things in life, there are both advantages and disadvantages to having a funeral trust, so let’s look at them now.
Advantages
If you already have a funeral trust in place, any other relative or person, or the funeral home will be able to handle any arrangements you have when needed. Another advantage comes in the form of the possibility of increasing your potential eligibility to receive long-term care benefits through Medicaid–thanks to the Medicaid Funeral Trust. If the trust is funded with life insurance, you will also have no taxable income to report, as life insurance cash values grow tax deferred.
Disadvantages
If you are considering using a funeral trust, you should ensure that an independent trustee is in place in order to make sure that the funeral bill is reasonable and to pay out any excess to the family. You’ll also need to make sure that the proceeds in the trust will be an acceptable form of payment prior to naming the funeral home as a trustee or beneficiary. You’ll also have to make sure that all of your information is current. Also, if you happen to move, you should make sure to change the trustee and beneficiary to the new funeral home. Also important, remember to provide either your executor or all of your heirs with a copy of the trust along with any contact information you have for the funeral home and beneficiary (if different).
If you don’t, any income from assets in the trust could be taxed to you as the creator.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Advantages and Disadvantages of a Funeral Trust appeared first on Scott Counsel.
source http://www.scottcounsel.com/advantages-and-disadvantages-of-a-funeral-trust/
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scottelderlaw · 7 years ago
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What Expenses Are Paid For By a Funeral Trust?
The following expenses are paid for via a Funeral Trust:
Basic Services of Funeral Director and Staff
Other Professional Services
Embalming
Other Care of Deceased
Funeral Home Facilities and/or Staff Services
Casket
Cemetery Charges
Cemetery and Burial Plot
Other Funeral Merchandise
You can read more about Medicaid Funeral Trusts here.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post What Expenses Are Paid For By a Funeral Trust? appeared first on Scott Counsel.
source http://www.scottcounsel.com/what-expenses-are-paid-for-by-a-funeral-trust/
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scottelderlaw · 7 years ago
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What is a Medicaid Funeral Trust?
It is possible that, in your search for answers to questions regarding Medicaid, you may have seen the term Medicaid Funeral Trust come up at some point. But what exactly is a Medicaid Funeral Trust?
The Internal Revenue Service defines a funeral trust simply as a fund of pooled income that is set up either via the funeral home or cemetery. The trust is funded by any property (normally cash, bonds, or life insurance) that a person transfers into it with the express purpose of covering both funeral and burial costs.
More often that not, the funeral trust is entered into directly with the funeral home itself, and the funeral home may potentially agree to lock in costs for any future funeral or burial services at a predetermined (and agreed upon) price.
The funeral home may also serve as trustee for the trust as well.
A funeral trust may be either revocable or irrevocable. An irrevocable trust cannot be dissolved until all terms of the trust have been met. With an irrevocable trust, this means that the creator of the trust must die before the terms and assets in the trust can go to work—thanks to wording in the trust that states that assets cannot be paid until death. However, it is important to note that an irrevocable funeral trust CANNOT be dissolved by any person or entity (not even the creator of the trust) for any reason whatsoever. Neither can anyone have access to any assets placed in the trust at any time.
Conversely, a revocable trust can be created by anyone and then dissolved by the creator at a later date. When the trust is dissolved, any remaining assets in the trust will then go back to the ownership status they had prior to being placed in the trust.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post What is a Medicaid Funeral Trust? appeared first on Scott Counsel.
source http://www.scottcounsel.com/what-is-a-medicaid-funeral-trust/
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scottelderlaw · 7 years ago
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Medicaid Liens
When Medicaid pays for benefits on behalf of their enrollees, they make that money back in the form of what is known as a Medicaid lien. For individuals aged 55 and up, states are required to recover payments via the person’s estate for things like nursing facility services, home and community-based services, and any and all related hospital and prescription drug services.
There are certain situations in which any money remaining in a trust after a Medicaid enrollee passes away can be used to reimburse Medicaid. However, states cannot reimburse money from the estate of a deceased person if he or she has a spouse that’s still alive, a child under age 21, or one who is blind or disabled, regardless of age. The states are also required to waive estate recovery when not doing so would cause undue hardship.
However, states may also impose some liens for Medicaid benefits that had been paid incorrectly in an effort to receive judgment by the court. They may also impose liens on any real property during the lifetime of a Medicaid enrollee who is institutionalized permanently. Exceptions are as follows: a spouse, child under age 21, a blind or disabled child (regardless of age) are living in the house, or there is a sibling who has an equity interest in the home.
It is required by law, however, for states to remove the Medicaid lien when the enrollee is discharged from the facility or hospital and returns home.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Medicaid Liens appeared first on Scott Counsel.
source http://www.scottcounsel.com/medicaid-liens/
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scottelderlaw · 7 years ago
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Financial Documents and Care Planning
It is vital to begin preparing for any potential long-term care needs now, even if the need is not imminent. When it comes to planning for long-term care, there’s a lot to consider. You’ll want to make decisions on things like:
Housing
Health-related matters
Legal matters
Financial matters
There are a multitude of documents related to each of those points, and it can be quite confusing figuring out exactly what documents you actually need. To make legal decisions, there are three documents that are highly recommended. They are:
Health Care Power of Attorney
A Living Will (also called an Advanced Directive)
A DNR (do-not-resuscitate order), if desired.
Health Care Power of Attorney
Also known as a durable power of attorney for health care, this document is one that names and gives someone the ability to make medical decisions on your behalf. Whomever you choose needs to both understand and respect any values and beliefs you have regarding your health care. It is important to talk with the person before naming them as your agent in order to make sure they are comfortable assuming the role.
Living Will
This document is also called a health care directive, and it keeps track of any of your wishes for medical treatment approaching the end of life. It should clearly state which types of life-sustaining treatments you do or do not wish to receive if you are considered terminally ill, permanently unconscious, or are in the end stages of a fatal illness. For instance, a living will can state whether you want to receive artificial breathing if you can no longer breath on your own. You can learn more about living wills by clicking the links.
Do-Not-Resuscitate (DNR) Order
A DNR order informs health care providers you do not wish to be revived through CPR or other forms of life support if you stop breathing or your heart stops beating. It should be signed by a health care provider and inserted in your medical chart. Hospitals and long-term care facilities have these forms that a staff member can assist you in filling out. A DNR order is not required.
If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.
The post Financial Documents and Care Planning appeared first on Scott Counsel.
source http://www.scottcounsel.com/financial-documents-and-care-planning/
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