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Elder Law Update
North Carolina Edition

Issue Four
September 2007
In This Issue
Financial Exploitation - Spot it and Stop it
The Medicine Box - Look Now
Evacuation Planning for Older Adults Pt III
Social Secirity Work Credits Explained
This Month's Favorite Links
Check Them Out!
ElderLawAnswers
(A Great Q & A Resource)

Special Needs Answers
(Good source of info on Special Needs Planning by the Academy of Special Needs Planners)

The Elder Abuse Center
(Great place to look for further info on elder exploitation)

Come across an interesting link?  Share it with me.
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Dear Bob,RAM Casual

Issue 4! And this list is growing! Now I have another obligation towards the end of every month: Putting together a new issue of Elder Law Update! Seriously, though, I'm glad people seem to be enjoying Elder Law Update. If you have recently joined, you can read our three "back issues" by going HERE.

As you saw from the ALERT we fired off a few weeks ago, new Medicaid transfer rules mandated by the Deficit Reduction Act should be implemented in North Carolina beginning November 1. The Division of Medical Assistance has its work cut out as it drafts new manuals and regulations. As Vice Chair/Legislative Chair of the NC Bar's Elder Law section I am working with other advocates and DMA to review these changes and add comments. As this process evolves and I have more to report, I certainly will. As a reminder, you can read a basic summary of North Carolina's long term care Medicaid rules by clicking HERE.

My friend Barbara Dunn, a geriatric care manager in Savannah, is particularly relevant to this month's issue. She and I have been working a case involving possible financial exploitation of an elder. Once Barbara got involved (she has an advanced degree in nursing and has taught nursing) she spent several hours sorting through the client's medications trying to make sense of the mess . . . a potentially dangerous mess, at that.

So . . . I'm devoting some space to financial exploitation issues. And quite coincidentally and unknown to Barbara, Dr. Beth Hodges is weighing in on the important topic of managing medications (Dr. Beth and Barbara haven't even met!). Both articles are below.

Hurricanes have been very much in the news the last few days. Luckily coastal Georgia and the Carolina's have dodged any danger this year. I'll say no more for fear of jinxes. But Barbara does wind up her three part series of Emergency Preparedness Plans in this issue. You can read her previous two installments by clicking HERE.

Yes, Barbara, you're relevant!

Finally, just below, Social Security guru Warren Coble offers up some timely information on qualifying for Social Security benefits.

Stay tuned for further updates on new Medicaid rules implementation.

Hope you had a great Labor Day. Less than 60 days to Halloween!

I  hope you enjoy this issue. PLEASE pass it on. You can do so by clicking HERE or at the bottom of this newsletter.

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.

ELDER ABU$E - FINANCIAL EXPLOITATION

Elder abuse comes in many forms. Physical, emotional or sexual abuse immediately pop in to mind.  So do neglect or abandonment. I've seen a lot of those varieties in my practice, and they're all too common and sad.  They're also illegal.

 

So is financial abuse - called financial exploitation under state law. It seems I go through clusters of issues at Mason Law - I refer to each as my "Issue du Jour" because they come in clusters and then seem to disappear.  For example, I may go through a period of back-to-back guardianships - and then no more for a year or more. Lately, and sadly, it's been financial exploitation.

 

Two paid caregivers, three adult children, one angry spouse, and a couple of grubby salesmen. After dealing with one of the "caregivers" last week I bumped my intended "lead story" for this issue of Elder Law Update and opted to go with this.

 

Surprise:  Elder abuse occurs more in private homes than in nursing homes, and it is usually subtle. Exploitation can pass unnoticed for a long time and doesn't have any overt signs like physical abuse.


Warning Signs

The signs can be different. From my lawyer's perspective my antennae start twitching if someone is running interference between a client and me. PerGrandmother closeuphaps Gladys seems nervous when I call (My usual: "Gladys is Edith there with you?"). Many of my clients know I often ask the person who brought my client to the appointment to be excused . . . there are all sorts of interesting things to read in the lobby. If the friendly driver seems annoyed, I become suspicious.

Another sure "suspicion raiser" for me:  A client appears wanting to make changes in a will that seem a bit unusual, or to transfer assets to a new "friend".

For others, perhaps with a better vantage point than mine, the signs may be more obvious. Look for:

  • Sudden changes in behavior - of either the possible victim or the suspected exploiter.
  • The victim tells you someone is taking advantage of him or her. This happened to me recently. The therapist called and asked me to talk to the patient in her office.
  • Perhaps Mom has developed a new, close relationship with someone new in her life. For example, a sales person calls to "say hello" everyday.  Or, an unusual person drops by every day to give the victim a ride to the bank (my hat is off to a certain banker I know who became very suspicious and brought her concerns to management).
  • A sudden infatuation - perhaps a female caregiver has suggested a romantic relationship with Dad.
  • Perhaps a daughter who hasn't been seen in years appears without invitation, and shows a strong interest in the victim's money or possessions.
  • Mom's home environment changes drastically; favorite possessions start disappearing; Mom is short on food, medicine or heat although she has sufficient funds to pay for them; her house looks neglected although she has money for repairs.
  • Alternatively, the victim is getting more home services than are necessary, or someone convinces her to make unnecessary, costly home repairs.

And the list goes on. The important thing is not to ignore the problem. Mom (or Dad or the Customer or the Neighbor) deserves better.

Why?

Greed is the hands down winner. An elderly person can have assets, be vulnerable, lonely, insecure. . . and very easy to isolate. And, of course, what goes on in the home is tough to spot.

More subtle, however, and perhaps more troubling, is the caregiver with a sense of entitlement (and an inflated sense of their own worth as a caregiver). Also, I often see long nurtured resentment and anger driving the exploitation (after all, exploitation can be "great revenge").

What Can Be Done?

Abuse allegations (of any kind) can be touchy - especially in a family setting. However,Grandmother and son if abuse is suspected, it should be reported. North Carolina has elder abuse laws (serious ones!) and law enforcement, medical providers and family services personnel are becoming much more educated about the subject of elder exploitation. Another route might be to alert a professional, perhaps an accountant or an attorney, who knows the victim. As part of my elder law practice, if I suspect something amiss with an existing client, I will do something (it will help me sleep better at night).

 

Elders are understandably reluctant to report abuse or ask for help. So if you suspect abuse of any kind, a report should be made. Especially in the case of financial exploitation, it can be hard for an outsider to know that it was happening; family members, neighbors, friends, clergy need to be on their toes. Communication is key, both with the elder and with other family members.

 

Ask! If you don't like the answers you are getting and continue to "feel funny" look for help. If you are not sure what to do, call me and I will point you to the best resources.

Bob Mason

 
Barbara DunnKEEPING AN EYE ON THE MEDICINE BOX
-Beth Hodges, MD

One of the biggest dangers facing our elderly today may be right there in their own homes. No, I'm not talking about Lawrence Welk reruns. I'm talking about their medicine cabinets.

Many elderly suffer ill effects, are hospitalized, or even die due to medication errors. No, not the ones committed by doctors and hospitals that 60 Minutes likes to rant on about. I'm talking about the patients' (or in-home caregivers') own errors. It is very easy for an elderly person to get confused and skip a medication or double it or otherwise handle it incorrectly. Let me explain how this can happen.

A medication Uncle Frank takes regularly becomes available in generic form. The pharmacist, in response to a request from Uncle Frank's insurance company, dutifully fills the generic. Uncle Frank becomes confused at the different name and appearance, thinks it is a totally new medication his doctor has ordered, and since he still had some of the old pills from last winter when he was hospitalized and did not take his home meds for awhile, continues to take the old meds and the new meds as well, essentially double-dosing himself.

Or try this one: Aunt Sally sees her family doctor, who noticing her blood pressure is up, starts a new medication to help control it. Aunt Sally forgets to mention that her cardiologist had added some pills at her last visit there, two months ago. In fact, Aunt Sally forgets to mention that her daughter had her see a cardiologist at all. As it turns out, the medications both physicians had added were identical, but neither physician knew.

Many elderly people are on multiple medications for very necessary reasons. Although doctors should and usually do make every effort to minimize the number of pills one person takes, sometimes managing multiple chronic health problems requires multiple different medications. The regimens can be complex enough to confuse anyone, let alone someone with failing eyesight and memory.

My own mother moved in with us a few months ago. She is a retired registered nurse, and with that level of training, I had little patience with her inability to keep up with her medications and at times her failure to take them correctly. Two weeks of trying to manage her medications for her had me apologizing profusely for my lack of empathy. She takes a total of 17 different pills that have are dosed at four different times of day. After the morning lot, she hardly has any room left in her stomach for breakfast!

It took some organizing and the purchase of a specialized divided pillbox, but we eventually worked out a good routine to make it easier for her. I suggest anyone watching out for an elderly relative take similar steps:

  • Go through all the person's medication bottles, separating out any duplicate bottles or "old" doses. Often, the doctor might change the dosage, but our frugal elders, fearful of waste, hang on to the old bottles, which can add to confusion later.

  • Get an updated list of medications from ALL of the person's doctors, to make sure they reconcile. An important medication might have been dropped by the patient or duplicated in some form by another physician. Create a "Master List" of meds to help with sorting pills each week and to also carry to doctor's appointments or the hospital in the event of an emergency.

  • Obtain a pill box segregated by days of the week. Someone on many meds might need a box that also allows for a.m., noon, p.m., and bedtime dosing. Oversee filling of the box once weekly. Look in all the compartments to make sure the previous week's meds were taken as instructed.

  • Check the "over the counter" med box as well. Throw out any expired medications, especially those containing expired acetaminophen (for example, Tylenol) as those can be hazardous to the liver.

Now that we have a good system, I can sort and prepare my mother's medications for the week in about ten minutes. It's not a large burden to me, and it has improved my mother's health as well as her peace of mind. I hope it can do the same for your loved one.

Barbara Dunn EVACUATION PLANNING FOR OLDER ADULTS - PART III
-Barbara Dunn, MSN

Editor's note: This is the third (and final) installment in a three part series telling you how to begin devising an emergency evacuation plan for the elderly.

We are in the middle of hurricane season. Often the victims of an evacuation fiasco are unprepared older adults. In the previous two issues of Elder Law Update I stressed the need to work with your older loved ones to draft a written evacuation plan, and I discussed a number of critical areas. In this last installment, I'll address one last usually overlooked (but very important) issue, and give you a few summary pointers.

Pet Needs

Don't laugh! We all know how elders feel about leaving pets behind. A cherished pet It is imperative to have proof of the pet's rabies shot. Other pet health records are important too. Is there a pet carrier for the pet? A carrier is required in order to transport a pet on public transportation and to enter a shelter. Is a supply of pet food listed in the evacuation plan? Talk with your vet about your pet's evacuation needs.

And Finally . . .

Share your evacuation plan with all who need to know it. If your loved one lives in a senior living facility, be sure to provide the administrator in charge with a copy. Make an appointment with the administrator to discuss the plan. Senior living facilities have their own evacuation plan and it may not be consistent with your wishes or with the needs of your loved one.

If your loved one lives alone, and at a distance, communicate with local emergency management authorities about the best approach. Many communities maintain a list of older adults who will need help evacuating. Contact James Drinnon at Chatham Emergency Management Agency (CEMA) at (912) 201-4500 for information on assisting older adults with evacuation. CEMA's web site is full of up to date preparedness info. Check it out by clicking HERE.

We've skimmed the surface of a vast topic. For further help with planning, call you local chapter of the American Red Cross with your planning questions and for two excellent publications:  #A4499 and #A4497. Publication A4497 deals with planning for people with disabilities and other special needs. YOU MAY REACH THE SAVANNAH CHAPTER OF THE AMERICAN RED CROSS BY CALLING 912-651-5371 or stop by  906 Drayton, Savannah, GA 31412. Both CEMA and the Savannah Chapter of the American Red Cross offer speakers on all emergency preparedness topics.

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.
 
Warren Coble SOCIAL SECURITY WORK CREDITS - HAVE YOU WORKED ENOUGH?
-Warren Coble

Eligibility for Social Security benefits requires that at some point, someone must have worked and paid FICA taxes into the system to be eligible. In the case of retirement or disability benefits, that someone usually is the individual worker (known as the "wage earner"); in the case of survivor's benefits that someone will be a deceased worker.

"Paying in" to Social Security consists of working at a job covered by Social Security, or by operating a trade or business (self-employment) and reporting a net profit from that trade or business.  Credit is given in calendar quarters of coverage.  Credit for one quarter of coverage is granted for each $1000 earned (2007 rate) during a quarter.  Up to four quarters of coverage can be earned in any given calendar year.

Retirement and survivors eligibility requires at least 40 coverage credits (10 years work). Disability benefits are a bit stricter. Not only must someone have earned the 40 coverage credits, but 20 of those credits must have been earned within the last 5 years prior to becoming disabled.  Fewer credits are required for younger workers.

There are no work requirements, or coverage credit requirements for the payment of Supplemental Security Income (SSI) benefits since SSI benefits are paid from general tax revenues instead of Social Security Trust Funds. To be eligible for SSI, someone may not own assets above certain levels or earn income above certain levels.

Further information regarding work requirements can be found on Social Security's website, www.ssa.gov or by calling SSA's National toll-free number, 1-800-772-1213.


Social Security expert Warren Coble 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!).
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