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UPSTATE South Carolina ELDER LAW ATTORNEY REVEALS

“The 9 Questions You Must Ask If You or a Loved One Is Going Into a Nursing Home”

Finding the right nursing home, getting the best care there, paying for it properly, protecting yourself and your family…all of these can be accomplished if only you know who to talk to and what to ask

There are a few times in life more difficult than when you or a loved one has to go into a nursing home.  That’s a stressful time.  And we all know the times we’re under great stress are not the best of times to make major decisions. 

Unfortunately, if you’re facing that situation, decisions must be made.  You’ve got to answer questions like…

·         What’s the right nursing home for me?

·         How can I get the best care there?

·         Is there a way to pay for this without going broke?

As an Elder Law attorney, these are the issues I help my clients deal with day in and day out.

The decision to place yourself or a family member into a nursing home is one of the most difficult decisions you may ever be asked to make.  That’s why it’s important, if that time comes, to have a plan and to know what questions to ask. 

In a perfect world, you’d have plenty of time to visit the nursing homes, talk to the residents, meet the care staff, sample the food and so on.  Unfortunately, we don’t live in a perfect world.  Often decisions have to be made quickly and without a lot of information or comparisons. 

You need to know what questions to ask to make an informed choice.  Here are some of the basic things to consider:

1.   Is a nursing home necessary or are there alternatives?

In my entire practice as an Elder Law attorney, I’ve never once had a client say they were looking forward to going into a nursing home.  Yet, often there are alternatives that people simply don’t know about.  Talk to your physician, social workers, and other professionals to see if there are assisted living, home health care, or other alternatives for you.

2.    How do I find the right nursing home?

The best way is to take a systematic approach in a perfect world.  If this isn’t possible, at the very least, shop around.  Personally visit each nursing home you are considering (make unannounced visits) and ask for recommendations. 

3.    Once I find the right nursing home, how can I get in?

Surviving the admissions process isn’t always easy.  Be up front with the nursing home admissions director, be prepared to tell them all about your situation, including your finances, and be prepared to negotiate. 

4.    Who will pay for my care…me, Medicare, Medicaid?

Again, it depends upon your personal situation and a knowledge of this difficult area of the law.  You also have to be sure to take  advantage of the special protections available for your spouse, if he or she will not also be in the nursing home.  A good Elder Law attorney can help you through this entire process.

5.     Can they make my kids pay for my care?

Not if you handle the admissions process properly.  Just be careful not to sign everything that’s put in front of you without a thorough understanding of all the documents. 

6.     Once I get in, how can I get the best care there?

The key here is to have a proper care plan in place.  That’s a plan developed by the nursing home staff professionals (and you) to determine exactly what kind of care you’ll get.  Putting a proper care plan in place is perhaps the most important step you can take…the care plan is part of your contract.  If you feel you can’t be the best advocate for yourself, then it’s important to get help from an Elder Law attorney or a geriatric care manager or another health professional. 

7.    Can I be moved around the facility, from room to room, once I’m admitted?

There are several protections for you under Federal and state law.  Often times, people are moved without proper notice, and even without proper authority.  Spend some time learning about your rights as a resident, or work with someone who will be an advocate for you.

8.     What are the nursing home’s duties to me?

Ask them for a copy of their duties under the Nursing Home Reform Act.  Because of a previous history of inadequate care, in the late 1980’s Congress passed laws which outline the minimum standards for health, safety, and resident rights in nursing homes.  Chances are you’ll be surprised and pleased to learn all of your rights…but it’s necessary that you take the time to do so.

9.   Is there someone who can help me with all of this?

You can get help from many professionals…from an Elder Law attorney to a geriatric care manager, to social workers.  Be sure to deal with a professional who understands the broad range of issues that arise when you or a loved one goes into a nursing home.  For instance, at The Fields Law Firm, P. A., we’re dedicated to helping you find the right nursing home, getting the best care there, and showing you how to pay for it without going broke. 

We offer a variety of services from the most basic educational information to comprehensive legal services.  And we always tell you up front exactly what it will cost.  

If you’d like further information, please call The Fields Law Firm, P. A., at 1-800-356-4290.  In Clemson call (864) 653-4090 and in Greenville call (864) 232-2916.

Articles:

If You Have a Spouse or Loved One in a Nursing Home

Driving and Alzheimer's Disease

Helpful Hints for Caregivers in the Home

 

 

 


© 2007 The Fields Law Firm P.A.
info@thefieldslawfirm.com 

Legal Disclaimer:  This information has been provided for informational purposes only. It does not constitute legal advice. The receipt of this information does not establish an attorney-client privilege. Proper legal advice can only be given upon consideration of all the relevant facts and laws. Therefore you should not act upon any of the information contained herein without seeking appropriate legal counsel.

A South Carolina Elder Law Firm concentrating in:  Medicaid, Elder Law, Alzheimer's Law, Special Needs & Disabilities Planning, Wills, Powers of Attorney, Health Care Directives, Guardianships & Conservatorships, Estate Planning, Taxation, Probate & Trust Administration, Trust and Asset Protection Planning.