You Have Been Appointed the Guardian of an Older Adult; Now What?

If an adult becomes mentally incapacitated and is incapable of making responsible decisions, the court will appoint a substitute decision maker, often called a “guardian,” but in some states called a “conservator” or another term. Guardianship is a legal relationship between a competent adult (the “guardian”) and a person who because of incapacity is no […]

Be Wary of the "Responsible Party" Wording in a Nursing Home Agreement!

While federal regulations prevent nursing homes from requiring a third party to be personally liable as a condition of admission, “responsible party” isn’t always clearly denied and can have costly implications if taken in the wrong context. Generally, the responsible parties’ role is to make sure that the nursing home bill is paid by the […]

Details Matter When It Comes to Dealing With Long-Term Care Insurers

Let’s face it- we all have our strengths and weaknesses. Some of us are more detailed orientated than others. Most of the time, we can scrape by not having to pay attention to seemingly minute details but other times the price you may pay for letting the little things slide could be steep just as […]

When Things Fall Apart by Smilie G. Rogers, Esq.

The last couple of weeks we have been preparing tax returns, preparing MaineCare applications, and dealing with client matters when things fall apart generally. Here are some observations from the field at the end of a long day: Getting financial institutions to recognize powers of attorney can be a real struggle. Is your power of […]

Discussing Long-Term Care Planning With Aging Parents

Trying to start the discussion of long-term care planning with your aging parents can be difficult for everyone even if they have the best of relationships. Generally speaking, the conversation is better started in a familiar place such as the parent’s home. Transparency among children is always preferable as long as it is in the […]

Don't let Medicaid misconceptions lead to tragic consequences.

There are many misconceptions when it comes to what happens when a client applies for Medicaid. In this case, it was misconstrued that the patient, who needed full-time care, would lose her home that she shared with her daughter and granddaughter if she applied for and received Medicaid benefits. How could this tragedy have been […]