Elder Lawyers Offer Care Management Services For Seniors

The number of Americans living past age 65 has exponentially increased over the past few decades and will continue to grow over the next few years. According to the U.S. Centers for Disease Control and Prevention, there will be more than 80 million seniors in the U.S. by 2040. Studies suggest that two-thirds of these seniors may need help with the activities of daily living, including getting dressed, using the bathroom, and preparing meals.  

In many other cultures, it is traditional for family members to take care of their aging loved ones in their homes. Cultures widely recognized as caring for their elderly in this way include Japan, Korea, China, Germany, and Norway. In these countries, there is respect for the elderly and filial piety, as well as, frequently, a social service net. Multi-generational homes are common in these cultures.

The U.S. does not have a tradition of multi-generational families caring for their elderly in the same way. Hard questions arise in the U.S. when an elderly parent needs help. In many cases, seniors and their children do not live in the same communities. And it’s often the situation that a senior’s spouse and friends have died or are not well enough to offer the kind of support needed. Should the senior be uprooted and taken away from his or her longtime friends, affinity groups, and home? Seniors and their families are often understandably nervous and confused about how to obtain help in these years. 

One option, available from a variety of businesses and institutions, including law firms that specialize in elder care, is a service called “Care Management.”  

What Is Care Management?

Care Management is a holistic way to help manage a senior’s medical, physical, mental, and social needs. Care management offers a variety of specific services to support aging people and, when done correctly, decreases healthcare costs, increases patient satisfaction and outcomes, and takes worries off the shoulders of loved ones. Care managers work with physicians, nurses, social workers, therapists, and other healthcare professionals to coordinate care. They may also advocate for patients, helping them to navigate the healthcare system. 

The following are the types of activities that can be involved in Care Management:

• Care Coordination – Care coordination involves integrating multiple healthcare services, such as primary care, specialty care, and health care. Care coordination typically has a team approach. The National Council on Aging estimates that over three-quarters of seniors have at least two chronic conditions, so synchronizing care is a primary focus of care management. Medical providers, friends and family are often involved in care coordination, reducing stress for the senior and giving peace of mind to the entire team.
• Patient Education – Another critical component of care management is teaching the patient about his or her condition and how to manage it. This might involve education about how to address their mobility issues and cognitive concerns. It could also include education about physical fitness to stay as strong and flexible as possible and about proper nutrition for the aging body. 
• Medication Management – Most seniors take some medication, and failure to take the medication as prescribed or mixing medications can be highly problematic. Care management has, as a critical component, teaching patients how to manage their medications to avoid bad outcomes. 
• Advocacy – Some seniors are no longer able to properly manage their financial, medical and personal matters.  Part of Care Management can include help with paying bills, making medical decisions and coordinating maintenance for a home.

There can be a number of other aspects to care management, including identifying emotional needs, social support needs, transportation needs, and other needs, as well as helping arrange solutions. A Long Island elder law attorney can help you understand how to work with a law firm that offers Care Management services through care managers on its team.

Other Elder Law Services

Many seniors worry about a lack of financial resources to pay for food, rent, medical care, and transportation in the years to come. Others hope to stay in their homes as they age but aren’t sure what the options may be for in-home care if it becomes necessary. These are but a few of the worries that older adults and their families face. 

In light of these concerns, in addition to Care Management services, seniors and their families are well advised to consider other key services provided by an elder law attorney. In all cases, it’s best to consider these services before Care Management is needed. These include the following:

• Estate Planning – Estate planning involves creating wills, trusts, and powers of attorney to outline how assets and healthcare decisions should be managed upon incapacitation or death. When done properly, an estate plan can provide a number of benefits. It offers peace of mind to the person planning the estate by clearly determining where the person’s assets will go when he or she dies instead of leaving it to the legal system to decide. An estate plan can also provide a level of financial security for the person’s loved ones. Estate plans can be used for various purposes. Once you have an estate plan, it’s important to regularly have it updated to deal with changes in your life, including your health and family births and deaths.
• Medicaid Planning – Assisting clients in qualifying for Medicaid benefits while maximizing their assets is an important component of work performed by an elder care lawyer. Medicaid is a key tool for helping people get the long-term care they need and plan for the future. This federal and state assistance program is quite complicated, featuring an array of rules and requirements that determine whether a person is eligible for benefits. Although Medicaid eligibility rules vary by state, there are also certain basic requirements that apply across the board. In New York, for example, the Medicaid program imposes certain income and asset limits. The limits vary based on whether you are seeking a nursing home or in-home care, but in either case, they are very low.
• Asset Protection – Developing and advising on strategies to safeguard your assets from potential depletion due to medical costs or other situations is an important part of the holistic legal services that your elder care lawyer can provide. This is also typically part of a Medicaid eligibility analysis.
• Advance Directives – During an emergency or at the end of life, you may assume your loved ones know what you would want, but that’s not always true. According to the National Institute of Aging, in one study, people guessed nearly one out of three end-of-life decisions for their loved one incorrectly. Research shows that you are more likely to get the care you want if you have conversations about your future medical treatment and develop a plan. Advance care planning involves discussing and preparing for future decisions about your medical care if you become seriously ill or unable to communicate your wishes. Having meaningful conversations with your loved ones is the most important part of advance care planning. Many people also choose to put their preferences in writing by completing legal documents called advance directives. The two most common advance directives for health care are the living will and the durable power of attorney for health care. An experienced elder care lawyer at Davidow, Davidow, Siegel & Stern can help you put together the advance directives you need. 
• Probate and Estate Administration – The process of administering an estate begins with the appointment of an executor or estate administrator. Although the role is similar in either situation, it is called an executor in the event that a person dies with a valid will in place and an administrator in the event that a person dies without a will. The executor or administrator plays a vital role in settling an estate. He or she is responsible for identifying and gathering all of the assets in the estate, notifying family members, creditors, and other interested parties, and ensuring that debts are paid and tax returns are filed. Your elder law attorney will talk through your choice of executor to ensure that the selection makes sense, given your estate plan and other personal needs.

Contact Davidow, Davidow, Siegel and Stern Right Away

Elder law is about preserving the dignity of older adults and providing for their rights and well-being. Many complex issues of financial security and physical and emotional welfare are involved in the practice of elder law. Finding compassionate, competent care for older adults can be a challenge because not all law firms offer this service, and people need to pay close attention to the need for long-term care planning. 

The elder law attorneys at Davidow, Davidow, Siegel and Stern will help you create a customized plan for your needs. We are proud to offer our clients the expertise of our Director of Elder Law Services, an LPN who allows us to truly offer a full-service environment when it comes to assisting families with all aspects of care management.  For your peace of mind, contact us today.