by Justin M. Kennedy, Attorney at Law Litherland, Kennedy & Associates, APC, Attorneys at Law Recently I have worked with many clients who have expressed concerns about when California will implement the Deficit Reduction Act of 2005 (DRA). The DRA was signed into Federal law on February 8, 2006. The Federal government then told the individual states to update their Medi-Cal laws to conform with the DRA. Currently California has not yet implemented the changes that would bring Medi-Cal … [Read more...] about Elder Law Today: Medi-Cal and the Deficit Reduction Act
Caregiver Burnout
Caregiver Burnout by Dedra Jize, OT, CSA Geriatric Care Manager, Litherland, Kennedy & Associates, APC, Attorneys at Law In California, there are over 4 million ‘informal’ caregivers that provide care for their parents or friends. There are a wide range of responsibilities that caregivers provide. It may be that the older adult wants to remain in their own home and needs occasional assistance, or the caregiving is long distance which can be logistically and emotionally difficult. Perhaps … [Read more...] about Caregiver Burnout
What is Division of Assets? (An Elder Law Today Blog)
Division of Assets is the name commonly used for the Spousal Impoverishment provisions of the Medicare Catastrophic Act of 1988. It applies only to married couples. The intent of the law was to change the eligibility requirements for Medi-Cal in situations where one spouse needs nursing home care while the other spouse remains in the community (i.e. at home or in an assisted living facility). The law, in effect, recognizes that it makes little sense to impoverish both spouses when only one needs … [Read more...] about What is Division of Assets? (An Elder Law Today Blog)
Senior Living Communities (An Elder Law Today Blog)
by Dedra Jize, OT, CSA Geriatric Care Manager, Litherland, Kennedy & Associates, APC, Attorneys at Law “I long, as does every human being, to be at home wherever I find myself.” - Maya Angelou If you or a loved one are considering a move to a senior community, it’s important to start with a conversation to determine the wants, wishes and needs for that new home. Depending on the urgency of the matter, this talk can be done over a cup of coffee or may consist of many discussions over several … [Read more...] about Senior Living Communities (An Elder Law Today Blog)
Take a Step Toward Preventing Falls (An Elder Law Today Blog)
by Dedra Jize, OT, CSA Geriatric Care Manager, Litherland, Kennedy & Associates, APC, Attorneys at Law A trip or stumble can easily become a fall to the ground for an older adult, which can have devastating consequences physically, emotionally, and financially. Fall statistics have improved over the years for older adults aged 65+, but they are still unacceptable as one-fourth of older adults will fall each year. The unsettling fact is that a senior falls every 11 seconds resulting in a trip … [Read more...] about Take a Step Toward Preventing Falls (An Elder Law Today Blog)
Does an Inheritance Count for Medi-Cal? (An Elder Law Today Blog)
Timing is everything. How often have you heard someone express that sentiment? And while it’s often true of life in general, it’s certainly true in Medi-Cal planning. So, does an inheritance count as an asset for Medi-Cal purposes? For a single person, the answer is clearly, “Yes.” If a single individual is spending down his or her assets, and before the spend-down is completed, that individual receives an inheritance, then those assets are added into whatever that person has and must be … [Read more...] about Does an Inheritance Count for Medi-Cal? (An Elder Law Today Blog)
Latest Genworth Survey Released Regarding Long-Term Care Costs (An Elder Law Today Blog)
Members of the elder law community are becoming increasingly concerned about the high and rising cost of long-term care. People are living longer than ever before, with the oldest among us being the fastest growing age group. Most people who reach senior citizen status will indeed need long-term care at some point in their lives; therefore, this is something that is relevant to all of us. It is important to understand that Medicare does not cover long-term care costs. With this in mind, … [Read more...] about Latest Genworth Survey Released Regarding Long-Term Care Costs (An Elder Law Today Blog)
Limits to Medi-Cal Recovery (An Elder Law Today Blog)
By: Matthew M. Shafae, Attorney Litherland, Kennedy & Associates, APC, Attorneys at Law The future of Medi-Cal eligibility has been the subject of speculation for a little over a decade now. Will the California implementation of the federal Medi-Cal system, known as Medi-Cal, finally implement federal laws enacted back in 2005? And now, with a Republican president-elect and a Congress with a Republican majority in both houses, it appears Medi-Cal funding may be an additional topic for … [Read more...] about Limits to Medi-Cal Recovery (An Elder Law Today Blog)
Keeping it Safe on the Road (An Elder Law Today Blog)
by Dedra Jize, OT, CSA Geriatric Care Manager, Litherland, Kennedy & Associates, APC, Attorneys at Law Most people agree that driving is one of the keys to independence. However, new driving challenges arise as you age. Arthritis can make flexing and twisting painful and weakened muscles make it harder to grip. Aging also affects vision, hearing, cognitive function and reaction time. Other challenges you may face include an increased number of cars on the road, lights and sounds that vie for … [Read more...] about Keeping it Safe on the Road (An Elder Law Today Blog)
Hospice Care —Benefits for Those with Life-Limiting Illnesses (An Elder Law Today Blog)
Hospice care is a team-oriented approach to medical care, designed to enhance the quality of life as it nears its end. It is designed to aid in pain management and offer emotional and spiritual support through palliative therapy, education and counseling. It is tailored to meet the needs and wishes of the patient as well as the patient’s family and friends. Hospice care focuses on caring for the patient as opposed to curing the illness. Generally, hospice care is available to people of all … [Read more...] about Hospice Care —Benefits for Those with Life-Limiting Illnesses (An Elder Law Today Blog)