ElderLaw News Archive: December, 2002
In this Issue...
- Feds Issue Care Data on 17,000 Nursing Homes
- The Durable Power of Attorney: Perhaps Your Most Important Planning Document
- ElderLawAnswers Publishes Planning Guide, Looking Ahead
- Care for Dying Needs Improvement, Report Says
Feds Issue Care Data on 17,000 Nursing Homes
The federal government has released data on the quality of care delivered at the 17,000 nursing homes around the nation that care for Medicare or Medicaid patients.
The data, which is available on the Medicare Web site at www.medicare.gov/NHCompare/Home.asp , presents the results of up to 10 measures of quality or performance for each nursing home. The measures include the percentage of residents who are in physical restraints or who have infection, bedsores or pain.
The Durable Power of Attorney: Perhaps Your Most Important Planning Document
For most people, the durable power of attorney is the most important estate planning instrument they can execute -- even more important than a will. A power of attorney allows you to appoint another person -- your "attorney-in-fact" -- to step in and manage your financial affairs if and when you ever become incapacitated.
What happens if there is no durable power of attorney? Without it, a family must wait for a court to appoint a conservator or guardian to manage the incapacitated person's affairs. That court process takes time, costs money, and the judge may not choose the person that the individual would have preferred.
In addition, once a guardianship or conservatorship is in place, your representative may have to seek court permission to take planning steps that she could implement immediately under a simple durable power of attorney.
ElderLawAnswers Publishes Planning Guide, Looking Ahead
ElderLawAnswers.com
has published Looking Ahead: Estate and Long-Term Care Planning for You
and Your Family. The 76-page booklet explains in plain English the essential
strategies for planning now in advance of future needs.
The book covers the key elements of an estate plan, estate taxes and how to avoid them, the probate process, alternatives to nursing home care, nursing home resident rights, and Medicaid coverage and alternatives to it. The booklet features handy Web resources and informative case studies. The $9.95 price includes shipping and handling.
Care for Dying Needs Improvement, Report Says
America does only a mediocre job of caring for its most seriously ill and dying patients, according to the nation's first state-by-state "report card" on end-of- life care released by Last Acts, a coalition working for better care for the dying.
The report graded all 50 states and the District of Columbia on eight key elements of end-of-life care, including the quality of their advance directive laws, the percentage of deaths taking place at home, use of hospice care, hospitals' use of pain management and palliative care programs, the percentage of patients dying in an intensive care unit, and the percentage of nursing home residents in persistent pain. Most states earned C's, D's and even E's on the majority of the criteria.
Quick Links
Pollution Increases Elderly's Use of Health Care
Hospital Watchdog Overlooking Problems, Report Charges
Legal Disclaimer
This information has been provided for informational purposes only. It does
not constitute legal advice. The receipt of this information does not establish
an attorney-client privilege. Proper legal advice can only be given upon consideration
of all the relevant facts and laws. Therefore you should not act upon any
of the information contained herein without seeking appropriate legal counsel.
Attorneys Judith Sterling and Michelle Tucker are both CPAs and licensed attorneys. They are the first two attorneys in Hawaii to be certified by the American Bar Association (ABA) accredited Estate Law Specialist Board, Inc., as Estate Planning Law Specialists, and are so certified by the Supreme Court of Hawaii. The Supreme Court of Hawaii grants Hawaii certification only to lawyers in good standing who have successfully completed a specialty program accredited by the ABA.
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Haseko Center Serving Maui and the Big Island by appointment 1-(800) 807-3820 |
Learn more about who makes up Sterling & Tucker
