The Grodberg Law Firm, LLC

08/04/2023

Study: Workers are using paid leave to care for older relatives, not children

"Caregiving priorities are shifting, research finds, as adults are becoming more likely to use paid time off to care for an older relative and less likely to use PTO for child care.

The University of Michigan’s Health and Retirement Study, which used data gathered between 1998 and 2016, examined the effect of a 2004 California law, which required employers to offer paid family leave to their employees. As a result of this rule, the researchers observed a 17% decrease in PTO time used for child care and a nearly 50% increase in time spent caring for older relatives.

Older adults, specifically, who may have to care for both their parents as well as grandchildren, were found to spend 39 fewer hours on average providing care for grandchildren and 41 more hours caring for parents over the course of the data collection period. These effects were more pronounced for women, who spent even more time caring for older relatives and less time caring for children or grandchildren.

“There has been a lot of focus on new parents and not as much focus on older adults, but they’re also people who engage in a lot of caregiving,” researcher Joelle Abramowitz said. “This law potentially supports older caregivers, which enables more options for providing care to their parents.”

Family caregiving is costly; the average yearly cost to care for a family member is over $7,000. Beyond the out-of-pocket costs, unpaid caregivers often must take more time off work, working reduced hours, or even retiring early. According to a March 2022 report, increasing access to home- and community-based services can lessen this strain.

“I think it’s important to have more evidence about how policy can influence people’s choices in terms of institutional care versus home care,” Abramowitz said.
In a national policy change, President Joe Biden signed an executive order in April that expanded access to home health services and Medicare support for family caregivers."

Adults are becoming more likely to use paid time off to care for an older relative and less likely to use PTO for child care.

06/30/2023

States Try Easing the Burden of Long-Term Care’s High Cost

"It’s a retirement concern few of us want to face: At some point, 4 out of 5 older Americans will need help with daily needs like bathing, dressing, using the toilet or preparing meals.

Paying for such long-term care presents retirees with difficult choices. Medicare coverage is very limited. Private long-term care insurance policies are complicated and expensive. Medicaid, which insures low-income people, pays for long-term care only when a patient’s assets have been almost completely spent. And many will rely on family members for help.

Now, a handful of states are acting on their own. In July, Washington state will start the WA Cares Fund, a public long-term care insurance program. California is considering a similar plan. Minnesota and several other states are studying options.

State-sponsored long-term care insurance programs raise some thorny questions, including rules for mandatory participation, how to make benefits portable when people move, and how to coordinate the public plans with supplemental commercial policies.

But states that are moving forward see their programs as essential to addressing the needs of aging populations and a way to rein in swelling Medicaid spending on long-term care.

“More and more, it’s something that is just overwhelming state budgets,” Gleckman said.

A major long-term care need can be financially catastrophic. In 2021, the median annual national cost of a private room in a nursing home was $108,405, according to the most recent figures from Genworth, a large long-term care insurance underwriter that publishes an annual survey on the cost of care.

Not all long-term care is provided in nursing facilities. A great deal of it is provided at home, which can bring expenses down significantly. Costs also vary greatly by location. And much of the labor is provided by unpaid family members and friends. AARP estimates that there were 38 million family caregivers in the United States in 2021, providing an estimated $600 billion in uncompensated care.

“For families that don’t have insurance, the question is whether they have the financial resources to purchase care, or are there family caregivers available,” Chen said. “And, is that a reasonable expectation to place on family members?”

Insurance might seem like a sensible way to protect against these unknown risks. But the private long-term care insurance business has floundered over the past decade.

The idea of a public-private solution is not new. A decade ago, Gleckman cofounded the Long-Term Care Financing Collaborative, which brought together policy experts with a wide array of political leanings. The group agreed on a framework that would combine a national universal government program with initiatives aimed at revitalizing the market for private policies."

It’s a retirement concern few of us want to face: At some point, 4 out of 5 older Americans will need help with daily needs like bathing, dressing, using the toilet or preparing meals. Paying for such long-term care presents retirees with difficult choices. Medicare coverage is very limited. Priva...

06/15/2023

Senior Citizens Face Loss of Buying Power, Study Shows

"Inflation affects all consumers, but older Americans are facing an especially dramatic loss of buying power. A recent survey by the Senior Citizens League shows that Social Security benefits have seen a 36 percent loss in buying power since 2000. That number is actually an improvement from 2022, when the loss of buying power was at 40 percent.

In order for senior citizens to recapture the same buying power they had at the turn of the millennium, they would need an increase of $516 in their monthly Social Security benefits. For retirees, the average recipient benefit of $1,827 would need to increase to $2,343. They just received the largest cost-of-living adjustment (COLA) in four decades, as their benefits went up 8.7 percent in 2023. The average annual increase since 2000 is 3.4 percent.

“This loss is cumulative and grows deeper as retirees age,” the Senior Citizens League stated. “It can cause significant hardships, including more rapid depletion of savings than expected, growing debt, and worse health outcomes.”

When examining seniors’ buying power, the researchers looked at the cost of 38 goods and services. Eggs topped the list of items that have seen an increase in price. The cost of a dozen eggs has increased 332 percent since 2000, from 98 cents to $4.21. Eggs doubled in price from 2022 to 2023 alone. Prescription drugs have also seen an increase of more than 300 percent since 2000.

Other items that increased in price more than 150 percent in the study period include:

Dental services
Heating oil
Medicare Part B premiums
Gasoline
Propane
Medical and veterinary care

With inflation leveling off from its generationally high numbers, the COLA for 2024 is expected to drop back down to about 3.1 percent."

Inflation affects all consumers, but older Americans are facing an especially dramatic loss of buying power.

06/08/2023

Medicare Fraud Prevention Week: Avoiding Health Care Scams

"The week of June 5 marks Medicare Fraud Prevention Week. Seniors – as well as their caregivers – should be aware of the risks posed by Medicare scams and how to avoid falling victim to this type of fraud.

Each year, Medicare loses tens of billions of dollars to abuse and errors. Older adults who receive Medicare may be subject to this type of fraud perpetrated by identity thieves, scammers, and deceitful health care providers.

Safeguard Yourself From Medicare Scams:
To start, there are several easy ways for you to lower your risk of being scammed in the first place.

Don’t share your Medicare number over the phone.

Have your Medicare card with you only when necessary. Otherwise, leave it at home. (Think of it like a Social Security card or credit card and protect it in the same way.)

Be aware that Medicare representatives will never come to your residence uninvited. They also will not call you out of the blue to verify your information or to offer free or low-cost equipment, such as a back or knee brace.

Hold onto your receipts and bills from past medical appointments so that you can compare them to your Medicare statements.

Always look through your Medicare Summary Notices when you receive them. Keep an eye out for any errors or discrepancies regarding services, tests, or medical supplies that you did not receive, or that you were charged for more than once. You can call your health care provider and ask them to explain a charge and, if necessary, you have the right to dispute charges that are wrong.

Why Do I Need to Report Medicare Fraud?
Medicare abuse is far from being victimless. Reporting fraud to the proper authorities is crucial to help stop it.

If someone steals your Medicare card or number, you could receive bills for health services you did not receive or become a victim of identity theft.

A health care provider who may be fraudulently charging you for services can spell trouble for more than your wallet. A dishonest provider could be misdiagnosing you or even subjecting you to treatments or services you do not need or that could potentially negatively impact your health. Sometimes, billing errors are made by accident, but if you find that your provider makes these types of mistakes frequently, it may signal a potential case of fraud.

Ultimately, fraud that goes unchecked can lead to higher Medicare costs for you as the consumer."

Seniors, as well as their caregivers, should be aware of the risks posed by Medicare scams and how to avoid falling victim to this type of fraud.

05/19/2023

Innovative Long-Term Care Housing Solutions for Seniors

"The population of seniors over 65 is expected to increase exponentially over the next decade. A study by the Office of Policy Development and Research exposed the country’s unpreparedness for housing the aged population. America has three major housing issues for seniors: affordability, physical accessibility, and access to medical care and other services. There is a need for creative solutions to housing.

Innovative long-term care housing for seniors tries to solve these problems. These new potential living arrangements for seniors may provide older people with the care, protection, and resources they need to age peacefully.

What Services Do Seniors Need From a Long-Term Care Provider?
As people age, their needs change. An ideal living environment for older people will meet their personal and medical needs while remaining affordable.

Seniors need access to nutritious foods, transportation to and from medical appointments, the ability to exercise safely, and community connection to promote positive mental health.

Modern long-term care housing for seniors intends to increase the number of options for seniors while meeting these needs.

University-Based Retirement Communities:
One creative living option for older people is university retirement communities. University retirement communities are part of a college campus and house and educate older people.

Colleges and universities establish retirement communities in several ways. A university may partner with an existing retirement community and provide it with resources. Some universities sell their property to a third party at a discounted rate to build a retirement community.

You won’t live in a dorm if you choose a university retirement community. Depending on the community, housing units may include single-family homes, apartments, condos, or townhouses.

In addition to receiving free and discounted classes, university retirement communities offer other benefits to their residents. Some community amenities include social activities, health resources, transportation services, access to university facilities, and dining services.

This living option can get expensive and must be paid out-of-pocket. A resident must pay an entry and monthly maintenance fee, which can add up to several thousand dollars.

Dementia Villages:
Dementia villages began 25 years ago in Amsterdam by nurses who wanted a safer alternative for their parents who suffered from memory issues; dementia villages cater only to older people living with dementia. Several countries worldwide have adopted this housing model, including the United States.

Everything a resident might need is available in the community created by the facility. In most dementia villages, you can find hairstylists, grocery stores, libraries, restaurants, social events, and access to medical care.

Dementia villages offer centralized care, including on-site, live-in staff. The care team in dementia villages lives among the residents, and they become intimately familiar with their patients’ conditions. Staff track patient progress and create an effective treatment plan for each resident.

According to the World Health Organization, 55 million people worldwide are living with dementia. Each year, nearly 8 million new patients get diagnosed with dementia. Over the next decade, nearly 80 million people will receive a dementia diagnosis. The time to learn more about effective treatment for dementia is now.

Routine helps improve the quality of life for seniors living with dementia. Dementia villages offer services that promote an increased quality of life for residents, including:

- Safe physical activity and increased mobility
- Healthy meals
- Social interaction
- Art and music activities

The Green House Project:
The Green House Project is one of the most well-known nonprofit organizations leading the charge to reimagine housing options and improve quality of life for seniors.

The Green House Project serves seniors and their families. The organization has built 400 homes across the United States over the past 17 years. Green House homes operate efficiently to care for older people. Some of the available services include:

- Dementia care
- Assisted living
- Licensed skilled nursing

Each home is private, with easy access to the outdoors. The homes are self-contained, and each resident has a private room and bathroom. The homes create a community of seniors who can connect and create friends."

05/05/2023

"Many seniors do not sell their home because they wish to leave it to their heirs. However, this transition can often lead to seniors losing track of their finances and failing to pay certain obligations such as their property taxes.

The consequences of doing so can be severe. One is the loss of equity in your home. Another is the loss of the opportunity to transfer wealth from one generation to the next and minimize capital gains taxes paid by heirs. For many people, their home is their most valuable asset.

As people age and depend on a fixed income, many fall behind on their taxes. While this may be a stressful issue, it should not be ignored as it can lead to them losing all the equity they have in their homes.

If you or a loved one may be facing this situation, talk about it before it gets out of hand or unmanageable.

- What You Should Do?
- What can you do if you or a loved one have questions about your property tax obligations as the transition to a different stage of life happens?

First, understand that as long as a person is a homeowner, they must pay property taxes. However, in many states, once a homeowner reaches a certain age or their income decreases, they may be entitled to a property tax exemption or discount. The homeowner should apply for this as soon as possible once they become eligible, as in some states, it can reduce the obligation amount significantly.

If your loved one is in a nursing home or elder care facility, speak with them about the issue and see if they are up to date. If you have a power of attorney for an elderly family member or friend, check in with the local tax assessor and verify where things stand.

Finally, if you are behind on property taxes, be proactive about resolving the delinquency. Many local governments have programs to help homeowners repay their debt and keep their property.

The bottom line is that a homeowner, regardless of their age, needs to pay their property taxes to preserve the ability to transfer generational wealth to their heirs in the form of equity from their home.

Children, trusted friends, or caretakers may need to be proactive in helping senior homeowners assess whether they may have a delinquency to avoid the severe consequences of not paying property taxes imposed by some states.

Consider consulting with an elder law or attorney for further guidance."

Many seniors do not sell their home because they wish to leave it to their heirs. However, this transition can often lead to seniors losing track of their finances and omitting to pay certain obligations such as their property taxes.

04/21/2023

When Does Someone Need Financial Guardianship?

"When individuals cannot manage their finances, courts can appoint guardians. Financial guardianship is for those who need help handling money.

Depending on the jurisdiction, financial guardianship may also be called guardianship of the estate or conservatorship.

In cases where individuals need help with personal and financial decisions, the court can order guardianship of the person and estate. The guardian makes both personal and financial decisions for the protected person.

What Financial Guardianship Entails:
Financial guardianship gives the guardian the authority to oversee the protected person’s finances and access money to pay bills. In many cases, the terms of the arrangement require the guardian to seek court approval before making financial actions on behalf of the ward, such as spending money and selling assets.

The ward’s money goes into a blocked account. The guardian can only access such an account with a court order, according to the Family Law Self Help Center.

When Do Courts Order Financial Guardianship of an Adult?
Courts appoint financial guardians when people demonstrate that they cannot handle their finances on their own.
- Individuals who frequently forget to pay bills might need help with finances. For instance, a person might need help remembering to pay bills and handling money.
- Those who are vulnerable to financial exploitation might also need guardians. For example, suppose a person makes significant payments to an online scammer. In that case, a loved one might petition the court to become the person’s guardian to protect them.
- Individuals with diseases and disabilities that prevent them from understanding money may also need the help of a trusted person. For instance, dementia can cause people to have executive functioning difficulties that impact their ability to handle money.

When a person has significant assets but needs help managing them, courts will order financial guardianship. Individuals with limited income and assets might not need financial guardians.

Alternatives to Financial Guardianship:
While providing protection and support, guardianship limits autonomy. Many states require courts to explore less restrictive alternatives to guardianship before appointing a guardian. Those facing challenges with financial decisions should, along with their loved ones, first consider other options.

Financial Power of Attorney:
Guardianship is appropriate when a person is impaired and cannot make their own decisions. Suppose an individual still can make decisions and understand the consequences of their choices. In that case, the person can execute a power of attorney for property. This gives a trusted individual the ability to handle their assets.

Compared to financial guardianship, an economic power of attorney can protect individuals’ rights while allowing someone to step in and help with monetary decisions. Under financial guardianship, it is more difficult for the protected person to change the arrangement if disagreements with the guardian arise. The person subject to the arrangement must petition the court to terminate it.

Revoking a power of attorney is, by comparison, straightforward. As long as the individual who made a power of attorney retains capacity, they can withdraw their power of attorney at any time for any reason. They can also appoint a new agent without judicial oversight."

When individuals cannot manage their finances, courts can appoint guardians. Financial guardianship is for those who need help handling money.

04/12/2023

April 14, 2023 Webinar: Innovative Housing Options for Individuals with Autism in NJ

Considering housing for your adult child with autism? Come learn about innovative options available in New Jersey. We will review current housing options, funding streams, and how to get the process started.

This webinar is part of our Innovations in Autism Webinar Series for parents and professionals.

Presenter:

Lisa Parles, Esq. is a partner in the law firm Parles Rekem, LLP and the parent of a 32 year old son with autism. Her practice focuses on representing individuals with disabilities and their families in the areas of early intervention, special education, transition and adult services, residential placements, reasonable accommodations, insurance coverage, and guardianships.

In addition to representing individuals with disabilities and their families, she has also represented numerous non-profit organizations in the disabilities community. She is a founding member of The Nation Council on Severe Autism, a non-profit organization that advocates for recognition, policies, and solutions to address the needs of the growing population of individuals, families, and caregivers affected by severe forms of autism and related disorders. She has played a central role in national advocacy efforts, particularly in the area of housing.

Ms. McCauley Parles earned her BA with honors from Hamilton College and her JD from Rutgers University School of Law Newark in 1987.

Friday, April 14, 2023; 12:00-1:00 pm EST Considering housing for your adult child with autism? Come learn about innovative options available in New Jersey. We will review current housing options, funding streams, and how to get the process started. This webinar is part of our Innovations in Autism....

03/30/2023

2023 AARP Report Recommends Supports for Family Caregivers

"Many older Americans choose to have their family members care for them as they age. Despite the comfort a familiar face may provide, there is a significant cost for the loved ones who sacrifice their time, and often their upward economic mobility, to ensure that they can secure proper care for their senior parent.

In a report issued in March 2023, AARP stresses the importance of supporting family caregivers in their financial, emotional, physical, and professional lives. The analysis gives a glimpse into the experiences of family caregivers and also offers recommendations on policies, practices, and programs – across public as well as private realms – that policymakers should consider enacting or enhancing in support of caregivers and the individuals who are in their care.

Recommendations - The AARP’s report recommends specific policies and practices to support family caregivers going forward. These recommendations to policymakers include the following:

* Including family caregivers in planning and decision making across health care settings
* Improving access to respite care for family caregivers
* Ensuring that publicly funded programs and supports for caregivers are inclusive, culturally appropriate, and designed to meet the needs of diverse populations
* Offering family caregivers a tax credit
* Expanding protections for workers who rely on the Family and Medical Leave Act and related state programs while providing long-term care for family members, including instituting paid leave for working family caregivers
* Allowing for other programs that pay family caregivers
* Improving Social Security benefits for people who provide long-term care services to family members.

Additional Resources - Having a care plan in place for your loved ones in advance may help decrease the financial costs and other stresses associated with paying for long-term care for aging adults. "

https://attorney.elderlawanswers.com/newsletter/actions/view-content/type/ela/f/6599/id/19623/is-content-hub/1460

03/02/2023

Aging Care: 6 Tips for Caring for Elderly Parents

"Many adult children wonder what their aging parents may need and how can they can help provide it for them.

You may constantly worry about your parents or other older loved ones, especially if you live far away from them. You can, however, take some simple steps to ensure your parents are safe as they age.

Tip No. 1: Recognize the Risks Older Adults Face
Knowing the risks seniors face can help you begin an action plan for your parents. It may be difficult for some older adults to complete tasks they could do before with ease, particularly if they live alone. Examples of those tasks can include:

Taking medication correctly and on time
Remembering things, keeping up conversation, or multitasking
Getting help in a medical emergency, such as a fall
Eating healthfully
Moving safely around their home
Being aware of these common concerns can be an important first step in doing everything you can to protect your parents as they age.

Tip No. 2: Ensure Medication Compliance
If your parents have health conditions that require them to take medication regularly, you should take time to make sure they are adhering to their prescription instructions. It may be a good idea to routinely review the medications your parents take, the name of the medications, and any potential side effects.

You may consider creating a medication schedule that you can both follow, so that you (or a home care provider) can check in and confirm your loved one is remembering to take medications when necessary.

Tip No. 3: Prepare for Cognitive Decline
Alzheimer’s disease and other forms of dementia affect more than 5 million adults aged 65 and older, according to the Centers for Disease Control and Prevention (CDC). Keep your parents safe by understanding their current cognitive abilities and any risks they may face for future decline.

Consider setting up a routine for your parents’ day-to-day lives. This might include social engagement and spending time with you and other family members, which may become even more crucial if their cognitive health has deteriorated.

Tip No. 4: Equip Aging Parents for Medical Emergencies
Older adults that live alone are vulnerable to falls and other medical emergencies. If you live out of state, you may have concerns about your parents being able to act quickly in ensuring they get emergency medical attention when they need it.

To help your parents respond to emergencies, consider using a medical alert system. With a medical alert system, your parents will have emergency assistance at the push of a button. Many different companies offer this type of service. An online search can help you narrow it down.

Tip No. 5: Plan for Meals
Seniors, especially those that live with memory issues, may not eat regularly. Without adequate nutrition, older adults may fall ill, or any current condition may worsen. Many seniors across the United States are food insecure. Fortunately, there are certain Medicare Advantage grocery benefit programs as well as other free or inexpensive meal delivery services, such as Meals on Wheels, that deliver nutritious meals to seniors.

Tip No. 6: Prevent Household Injury
Household injury is a major risk for seniors, especially those who live alone. You should do a sweep of your parent’s home and remove all potential hazards, including unsecured electrical cords, household products and chemicals, or loose rugs. Fix broken handrails on staircases, install grab bars in bathtubs, and ensure there is adequate lighting in their home. Taking each of these steps, and any others you see fit, can help avoid a preventable injury."

https://attorney.elderlawanswers.com/newsletter/actions/view-content/type/ela/f/6599/id/19547/is-content-hub/1460

02/24/2023

Nursing home residents were pushed to sign over their money to a guy they never met, lawyers say:

"Peter Bonanno was a simple man.

A retired painter, he liked to color and draw and was into cars. His monthly pension payment from the union helped pay the bills. And there was some money in the joint bank accounts held with his older sister with whom he lived in a house they co-owned in Hewitt, a small community perched on Upper Greenwood Lake in West Milford.

But as he grew older, he needed help.

It all began following a brief hospitalization which led to Bonanno being admitted to a Passaic County nursing home in early 2019 for reasons that remain a mystery to Irwin-Szostak. Not long after arriving there, legal documents show that with his sister already holding control over his assets, Bonanno signed a new power of attorney handing that authority over to Shmuel “Sam” Stern, whose Brooklyn-based company, Future Care Consultants, was working on behalf of the place caring for him.

Stern allegedly soon liquidated four bank accounts held not only in Bonanno’s name, but jointly with Joanne, claimed David Fassett of Arseneault & Fassett in Chatham, an attorney who began working on behalf of Irwin-Szostak.

The $58,494 withdrawn from the siblings’ joint accounts — in addition to another $3,682 in monthly income being paid to Bonanno — went to the nursing home in Haskell, according to bank and payment records obtained by Fassett.

Fassett soon went to authorities, suggesting it was likely that what was going on had not been an isolated incident.

And in fact, it was not.

An examination of court records shows that Stern, 49, and his company at times has moved to gain control of the savings, assets, and lives of others in long-term care, as it did allegedly with Bonanno.

Last year, Suzanne Araneo of Keyport in a lawsuit against Future Care and a Hazlet nursing home where she was admitted after a hospitalization, charged that she had been coerced while heavily medicated to sign a similar power of attorney, also giving Stern control of everything she owned.

Long a presence in many nursing homes, Stern’s company serves as a fiscal agent for long-term care facilities throughout the region.

His job is to bring in the money.

Formed in Edison in 1997, according to company officials, and now based in a renovated 100-year-old office building on the Brooklyn waterfront that once served as a torpedo assembly factory, Future Care calls itself a healthcare management company that provides financial and accounting services for nursing homes.

It boasts that its “excellent working relationship with Medicaid and Medicare intermediaries allows them to collect residents’ checks quicker and easier.”

But Stern and Future Care do not just take in federal assistance checks for nursing homes. He has sought at times to take control of the savings, the assets, and ultimately the lives of nursing home residents, ostensibly to pay off the debt for their care, according to court records and attorneys representing some of those residents.

Federal records show that Stern also serves or has served as a financial officer in some of those same nursing homes that benefitted from any additional collection of money from residents."

Some long-term care residents signed away control of their savings, pensions and homes, documents show.