Elder Law Update Georgia
Edition
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This Month's Favorite Links Check
Them Out!
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My Generation!
Turn on your speakers and prepare to
rock!
Christian Science Monitor article "When does it pay to take
Social Security benefits early?"
Come across an interesting
link? Share it with me.
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PLEASE VISIT MASON
LAW
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I WANT TO
KNOW
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you have an idea or comment that will help me make this a
better newsletter please send it to
me. Just click! | |
Dear Richard,
Welcome to Issue Number 2 of Elder Law
Update. Quite a few people have joined since June 1, so if
you missed our first issue, you can read it by clicking HERE. Remember, the
goal of Elder Law Update is to give you a quick look at some
interesting developments and other information I hope you'll
find useful. I've also thrown in a bit of humor . . . look
under favorite links.
In This
Issue
We have two
new contributors. I work with Barbara Dunn, MSN, out of our
Savannah office. Barbara is a geriatric care manager and has
an impressive resume. She is particularly adept at helping
seniors and their families identify needs and locate the
resources that can help them. In addition to running her own
care management practice, she is Chairman of the Disaster
Services Committee of the Savannah Chapter of the American
Red Cross. In this issue, she'll start off a three part
series on emergency preparedness and the elderly. In
Savannah and coastal Carolina emergency is often spelled
"HURRICANE". We're 30 days into hurricane season, and
Barbara has some timely advice.
My friend Dr.
Beth Hodges is a North Carolina family practitioner with a
large geriatric practice. She and I have a number of
patients/clients in common and I've enjoyed working with
her. She has written a number of newspaper columns and
always has something interesting to say. In this issue, a
bit further below, she dives right into a fairly emotional
topic. Hint: It
has to do with car keys.
Finally,
Social Security expert Warren Coble urges anyone thinking
about Social Security retirement benefits to start planning
NOW for the best time to signup. It just might make you some
money. Read his comments below. In my monthly rambles around
the 'net I saw an article that goes well with Warren's
column. The Christian Science Monitor ran an
excellent article entitled "When does it pay to take
Social Security benefits early?" That's a
question I'm regularly asked, and the article does a good
job of answering it. Read both Warren's
article and the Christian Science Monitor column for
ideas on when you might want to begin your benefits and when
the best time is to apply for those benefits.
Medicare
Advantage Plans Update
In the last
issue I wrote of abusive marketing techniques used by
private companies selling Medicare Advantage plans. In
Georgia authorities have arrested several sales people and
in North Carolina the Insurance Commissioner and others have
been looking closely at hundreds of
complaints. Great news!
Seven of the largest (and in the opinion of many most
abusive) marketers of Medicare Advantage plans have entered
into an agreement with the Centers for Medicare and Medicaid
Services (CMS - the federal agency that runs Medicare and
Medicaid) to cease marketing efforts of Private
Fee-for-Service Plans until they've cleaned up their act. In
a five month period CMS received over 2,700 complaints
directed to abusive and fraudulent sales tactics used by
these companies.
Finally, look
for my column on Georgia's new Health Care Powers of
Attorney in the current issue of Coastal Senior. The new form
is good and took effect July 1. You can download a new form
to look at from the Mason Law, PC website by clicking
HERE. I hope you
enjoy this issue. PLEASE pass it on. You can do so by
clicking HERE or at the
bottom of this newsletter.
Have a great
Fourth!
Bob Mason Certified
Elder Law Attorney
Certified
by the National Elder Law
Foundation,
recognized by the American Bar Association as the certifying
entity for specialization in Elder
Law. | |
EVACUATION
PLANNING FOR OLDER ADULTS
-Barbara Dunn,
MSNEditor's
note: This is the first in a three part series telling you
how to begin devising an emergency evacuation plan for the
elderly.
Hurricane
Katrina dramatically illustrated the importance of planning
the safe evacuation of older adults. Unfortunately, both
communities and families often overlook evacuation planning
for older adults. This series of articles aims to raise the
awareness of family members about the need to have an
evacuation plan in place and to identify a
few key measures to increase the older adult's safety and
comfort should an evacuation be necessary.
This is a big
topic. I'll show you how to get started. In this issue of
Elder Law Update we'll discuss a few preliminary
considerations. In the next two issues I'll review important
and very specific areas to address with your older loved
one.
First, draft
an evacuation plan with your older adult loved one, making
sure his or her wishes are included in the plan. Make sure
the loved one has a copy of the plan and schedule time to
review it periodically. Many older adults say they won't
evacuate. Don't be deterred;forge on with planning.
Increasing
your loved one's comfort and safety during an evacuation
begins with a written evacuation plan, that reflects the
older adult's unique evacuation needs. The four critical
areas to address are mobility needs, communication needs,
medication needs, and, yes, pet needs.
Caution!
Evacuations
tend to be "equal opportunity events" leaving all of us
subject to whatever comes our way-especially without prior
planning. "My parents will never go to a shelter" or
"my aunt will not evacuate on public transportation"
are not wise positions to take. A life could be in jeopardy.
Emergencies by their very nature come unannounced and are
chaotic. Many will be forced to rely on public
transportation and shelter.
Further, older
adults often have no family members nearby, leaving others
to plan for their well-being during an evacuation.
Remember, if you don't plan for the older adult in
your life, someone else may and you may not be happy with
the outcome. Last, even if you live near your loved one,
don't assume you will be able to reach him or her. Be
prepared for everything and anything.
In the next
issue of Elder Law Update I'll show you how to plan for
mobility needs, communications needs, and medications. If it
looks like Coastal Georgia or the Carolinas may be visited
by a hurricane before the next issue, we'll complete this
article in a special alert.
Barbara Dunn, MSN, is
owner of Elder Care of Coastal Georgia, as well as Chair of
the Disaster Services Committee of the Savannah Chapter of
the American Red Cross. You may email comments and questions
to Barbara by clicking HERE.
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DRIVING
AND THE ELDERLY: MAKING A TOUGH CALL -Beth
Hodges, MD
Throw Mama
from a train, if you must, but don't throw her in the front
seat of a Buick. I often am asked by
families how to assess whether an elderly parent or
grandparent should be driving or asked to do the difficult
task of taking away his or her driving
privileges. It is never an easy job, but
it is one of immense importance.
The ability to
drive is one of the most tightly held freedoms we in
America, especially rural America, hold.
It can be the difference between being able to
continue to live independently or having to go into senior
housing or to depend totally on friends and
neighbors. Giving it up can result in a
total change of life circumstances.
But driving it
not a right, it is a privilege - a privilege available only
to those physically and mentally capable of the
task. Here are some of the parameters
that must be met in order to maintain that
privilege. If you have an elderly
relative teetering "on the brink," read on
carefully.
- Vision must
be adequate to see road signs and obstacles.
This can be an issue during the day, but even an
elderly person who sees adequately during the day can have
more difficulty at dusk, in inclement weather, or at
night.
- Hearing must
be adequate to pick up the sounds of trains or emergency
vehicles that can be heard before they are
seen.
- Physical
strength and agility must be adequate to perform emergency
road maneuvers quickly. The reflexes of
many elderly can be slowed to the point that this is not
feasible. Severe arthritis or cardiac
conditions or debility after a stroke can also affect
these skills.
- Mental
faculties must be present enough to allow split-second
decisions. I was behind an elderly lady
at a road construction site once who, when faced with the
workman flagging her to stop, forgot for a moment what
that meant and plowed right through several orange
barrels, some roadside equipment, and a few construction
workers. Her family admitted in the
emergency room that Grandma's memory had been lagging a
bit, but they didn't see the harm in her driving 2 miles
to the grocery store. After all, she'd
been doing it for 60 years. Another
elderly gentleman of my aquaintance got into his truck to
drive half a mile down a straight road to his daughter's
house. The police found him two and a
half hours later in a town 70 miles away after he ran a
red light and caused a major traffic accident.
So
what to do if Aunt Elsie won't hand over the car
keys? The most dangerous thing you can do
is nothing. If she cannot or will not see
reason on the matter, speak to her physician.
Often, hearing the news from her own doctor can carry
more weight.
If the elderly
person is borderline in his or her abilities, the doctor can
order a driving skills evaluation test from the physical
therapy department of many hospitals. It
is not covered by Medicare, but may give families peace of
mind or give the elderly person in question incontrovertible
proof he or she has to hang up the car keys.
If it is clear
to all that Uncle Frank shouldn't be buying a new Mustang,
but he refuses to adhere to the doctor's recommendation, the
doctor is legally bound to write a letter to the DMV, who
will then send Uncle Frank a notice stating he has to have
some medical forms filled out in order to keep his
license. If the physician's answers on
the forms are concerning, the DMV will revoke or limit
driving privileges, as indicated. If
Uncle Frank ignores the letter from the DMV, his driver's
license will be revoked automatically. [Editor's note - Dr. Hodges wrote
this article for use in North Carolina. In Georgia a
physician may, but need not,
make a confidential report of a patient's impairments to the
Georgia department of Drivers' Services on form DS-274. The
department may then require the driver to submit to further
testing which could result in
revocation.]
Helping your
older family members make this difficult transition is not
easy, but please remember: It can be the
difference between life and death - and not necessarily
theirs.
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SIGNING UP FOR SOCIAL
SECURITY AND PENSIONS -Warren Coble,
SCSA
Most pension plans and Social Security
(SSA) require that you file in advance of the time you want
your benefits to begin. SSA has a
mechanism known as "protective filing" which assures you
will be paid benefits from the time you tell SSA you want
your benefits. Most pension plans begin
monthly benefits the month you file a written application,
sometimes later. Failure to apply as soon
as you are eligible to apply for either SSA or pension
benefits means simply that you have lost money.
Again, from last month's tip, advance planning is
most important. You can apply for
benefits usually up to three months before the month of
eligibility. Contact your specific
pension plan or SSA for exact details.
For Social Security Retirement and
Disability benefits, filing is available via the Internet at
www.ssa.gov.
Survivors, Auxiliary (Child), and Supplemental
Security Income claims must be filed through a Social
Security Office, either by telephone or in-office
interview. Appointments may be scheduled
through the local office servicing your area (See the Office
Locator at Online Services at www.ssa.gov) or
through the national toll-free #,
1-800-772-1213. You may also visit a
local office to schedule an appointment. Without an
appointment, you may wait hours to be seen for a
claim.
The important
things to remember: 1.
Plan ahead, and 2. Apply timely to
avoid any potential loss of benefits. Warren Coble is
a member of the Society of Certified Senior Advisors and
welcomes your questions regarding Medicare, Social Security
and Senior Life in general! Email Warren by clicking
HERE. | |
The
Usual Disclaimer: This newsletter is for general
information only. Please do not rely on anything you read in
this email as definitive legal advice applicable to you. All
situations are different, including yours. Nothing you read
in this newsletter is a suitable substitute for professional
advice you may receive from your attorney, your accountant,
or your tax advisor.
All contents copyrighted
2007 by Mason Law, PC. Contents may be republished with
written permission of Mason Law, PC (which permission will
usually be
given!). | | |