Surviving Spouse May Be Responsible for Nursing Home Bills

Mass. Court Rules Wife Is Responsible For Husband's Nursing Home Care

Spouses need to be very careful or they could end up legally responsible for the cost of their husband’s of wife's nursing home care, as a recent Massachusetts court decision demonstrates.

When Milfranciu Jode entered a nursing home, his wife applied for Medicaid on his behalf.  Mr. Jode was rejected three times due to the failure to provide backup documentation, and he died leaving the nursing home unpaid.

After Mr. Jode's death, the nursing home sued Mrs. Jode, arguing that she was legally responsible for the cost of her husband's care under something called the "doctrine of necessaries." This means that a spouse is responsible for debts incurred by the other spouse for "necessaries." The law doesn't define what constitutes a "necessary," but in the Jode case the Massachusetts Superior Court ruled that the definition of necessaries included the care provided by the nursing home.  Emerson Village, LLC. v. Jode (Mass. Sup. Ct., Middlesex, No. 12-CV-1736-F, Dec. 15, 2012)

Many other states have similar laws to the one in Massachusetts making one spouse responsible for the care of the other spouse. If your spouse is in a nursing home, contact your elder law attorney right away to find out the best course of action to prevent any surprises when it comes to the bill.

Read more HERE

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Surviving Spouse May Be Liable for Elder Care Expenses

Mass. Court Rules Wife Is Responsible For Husband's Nursing Home Care

Spouses need to be very careful or they could end up legally responsible for the cost of their husband’s of wife's nursing home care, as a recent Massachusetts court decision demonstrates.

When Milfranciu Jode entered a nursing home, his wife applied for Medicaid on his behalf.  Mr. Jode was rejected three times due to the failure to provide backup documentation, and he died leaving the nursing home unpaid.

After Mr. Jode's death, the nursing home sued Mrs. Jode, arguing that she was legally responsible for the cost of her husband's care under something called the "doctrine of necessaries." This means that a spouse is responsible for debts incurred by the other spouse for "necessaries." The law doesn't define what constitutes a "necessary," but in the Jode case the Massachusetts Superior Court ruled that the definition of necessaries included the care provided by the nursing home.  Emerson Village, LLC. v. Jode (Mass. Sup. Ct., Middlesex, No. 12-CV-1736-F, Dec. 15, 2012)

Many other states have similar laws to the one in Massachusetts making one spouse responsible for the care of the other spouse. If your spouse is in a nursing home, contact your elder law attorney right away to find out the best course of action to prevent any surprises when it comes to the bill.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Part-Time Home Health Care Gains Popularity

Part-time Home Health Care

Help by the Hour, or Less
By PAULA SPAN

Here is a bright idea that ought to spread: You call your home care agency and say you will need your mother’s aide for the normal two hours on Monday and Wednesday, but for just half an hour (to drive her to a doctor’s office) on Tuesday, then 90 minutes on Thursday. And the agency says, “Sure.”

It sounds logical to hire someone to help — with bathing, dressing, errands, meal preparation, medication reminders – for only as many hours as an older adult needs assistance. But it is actually unusual for companies to offer such flexibility.

The majority of agencies require a four-hour minimum. Having to spend $80  — the national average cost for home care is $21 an hour — if you only need $40 worth of help is a big barrier for families trying to keep their elderly relatives living at home longer. A few agencies allow you to hire for fewer than four hours, but at higher rates.

But Mission Healthcare in San Diego, Calif., a three-year-old agency that began with Medicare-certified skilled home nursing and hospice care, expanded to general home care this summer and decided that clients should be able to specify how much help they want – in 15-minute increments — and will pay for.

“We’ll come for as long as they need us to,” said Mark Kimsey, one of Mission’s four directors. “In one hour, a well-trained caregiver can get the client bathed and dressed, prepare three meals and have them organized for the day.” (I have to think that is a speedy caregiver with a not-too-frail client, but still … )

Can Mission, which charges $19 to $20 an hour, actually make money this way? Though overall the agency serves 1,100 clients, its fledgling home care business is still small: 30 aides caring for just 60 clients. The aides can get benefits if they work enough hours, a bonus for them and for consumers (better employees, lower turnover), but an additional cost for the company.

Read more HERE


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Live Up to Your Commitment to the Nursing Home, or Beware

A recent Connecticut case highlights the risk to family members of nursing home residents who don't live up to their financial commitments to such facilities.

When her mother was admitted to the Cook Willow Health Center, Judy Andrien signed an admission agreement on behalf of her mother as "responsible relative," agreeing to take steps to ensure that the nursing home would be paid from her mother's assets or by Medicaid.

The facility sued Ms. Andrien, claiming that she did not live up to this commitment. Ms. Andrien asked the court to dismiss the case, arguing that she cannot be held liable because she did not agree to use her own funds to pay for her mother's care.

The Superior Court of Connecticut has ruled in the facility's favor, stating that the claim is not that Ms. Andrien personally guaranteed payment, but that she is in breach of contract for not using her mother's funds to pay the nursing home or taking steps to get her mother Medicaid coverage. The court's ruling means that the case will continue to trial on the nursing home's claim, which it still must prove.

The moral of this case is that even when family members do not commit their own funds to pay for the care of family members, they can be personally liable if they do not satisfy commitments they make to the facility.

Nursing facilities cannot require a personal financial guarantee as a condition of admitting a family member, and relatives of patients being admitted should sign nursing home admission agreements only as representatives of their parents (or other family members), not for themselves.  (When the case does go to trial, Ms. Andrien might argue that since the facility cannot make a family member's commitment a condition of admission, there was no consideration provided by the facility and that portion of the admission contract may not be enforced.)

To read the full text of the court’s decision in the case, Cook Willow Health Center v. Andrien, go to: http://caselaw.findlaw.com/ct-superior-court/1577974.html

Consult with your attorney before signing any agreement with a nursing home or other long-term care facility. For more on signing nursing home admission agreements, and the original location of this article, click HERE.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Tips on How to "Age In Place"

How to "Age in Place"

Attached please find an article that was received by our office as part of an e-newsletter called "Pathways to Independent Living," which is sent to us from a Rhode Island business out of Warwick called Senior Helpers. Senior Helpers provide "companion care" to seniors in their own homes. To reach Senior Helpers, contact Chad Neighbors at (401) 825-7200, or by email at cneighbors@seniorhelpers.com.

Prepare to 'Age in Place'

Take Action Today, for Independent Living Tomorrow

When asked what they fear most, senior citizens ranked losing their independence (26%) and moving into a nursing home (13%) higher than fear of death (only 3%), according to a commissioned study, "Aging in Place in America," conducted by independent research company Prince Market Research. An overwhelming majority of seniors want to grow older in their own homes, yet over half are concerned about their ability to do so.

It may or may not become evident over time that you (or your loved ones) need assistance to continue living in your own home. Often, a major event will cause you to recognize such a need. It might be death of a spouse, a stroke, a broken limb from a fall, or concern from a relative or neighbor following a visit during which they recognize things are just not right.

It is important to take steps today to help ensure that you can "age in place" tomorrow. Some of the easiest things that can be done include simply organizing documents and creating reference sheets.

Organize Documents. The following documents should be assembled in one place so they are available when needed:

· Medicare, Social Security, and health insurance cards
· Copy of birth certificate
· Names, phone numbers, and addresses of doctor(s)
· List of health conditions
· List of current medications with contact information for pharmacy and prescribing physician
· Allergies to food or medications
· Will, living will, and powers of attorney
· Copies of insurance policies, including life insurance and long-term care insurance
· Financial information, including contact information for tax preparer or accountant

Create a Laminated Reference Sheet. Create a complete list of emergency telephone numbers and information. Laminate the list and put it in an obvious place so it will be available for Emergency Medical Technicians (EMTs) or others who may need it. The sheet should contain the following:

· Name, address, telephone number, birth date, social security number, and medical insurance information.
· Primary and specialist physicians' names and contact information.
· A list of medications and dosages.
· Name and phone number of your pharmacy.
· Names and contact information for caregivers, relatives, and close neighbors.
· Whether you have a living will and/or a durable power of attorney that allows another person(s) to make financial and/or medical decisions if you are unable to do so (include contact information).

Develop a Plan for Help. Recognize when you need help and list needs in the following areas:

· Housekeeping-laundry, shopping, and household paperwork.
· Nutrition-meal planning, cooking, and meal delivery
· Health care-nursing, social work, physical and rehabilitative therapy, and medication monitoring
· Personal care-assistance with personal hygiene, medical equipment, dressing, bathing, and exercise
· Other-transportation, companionship, and daily telephone checks

Once you have compiled the list, decide if a friend or family member can assist you or if you need outside help.

Make Your Home Safe(r). According to The American Academy of Orthopaedic Surgeons (AAOS), one in every three seniors fall each year. Falls cause many seniors to lose their independence, requiring a change in living arrangements such as moving to a nursing home or assisted living facility.

Although falls can happen to anybody, anytime, and anyplace, you can prevent many falls by recognizing and correcting common hazards in the home. Senior Helpers has developed a "Home Safety Checklist" that provides tips for fall-proofing each room in the house.

· Use good lighting. Put light switches at the top and bottom of every staircase.
· Use grip bars and install handrails in bathtub and toilet areas.
· Use a bed that is easy to get in to and out of without injury.
· Secure throw rugs and fasten loose area rugs with double-sided tape or slip-resistant backing.
· Clean up spills, dropped food, etc. from floors immediately.

Exercise. Regular, moderate physical activity is very important. Physical activity can reduce pain in joints and muscles and improve mobility and balance. The benefits of exercise help reduce the risk of falling. Talk with your doctor about starting an exercise program that fits your level of ability and meets your needs.

Sources: www.orthoinfo.aaos.org/, www.metlife.com

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.