Legal Matters – For Seniors & Family Caregivers

UPDATED: This article is updated from an article that appeared on HelpingYouCare® on December 31, 2014. Happy New Year! Now is the exhilarating time for a new beginning -- the time to make New Years resolutions for the coming year! Have you tho...

On January 17, the U.S. Department of Health and Human Services (HHS) announced publication in the Federal Register of the final version of a new rule strengthening patient privacy rights. The new rule strengthens the privacy and security protection...

EDITOR'S NOTE: The following article was first published on HelpingYouCare™ on September 5, 2011. It remains relevant this Labor Day, and with some added links, we re-print it below: Recent reports have found that low-wage employees, in particula...

The Centers for Medicare and Medicaid Services (CMS) announced Thursday that it has updated and re-designed its Hospital Compare and Nursing Home Compare websites, which provide tools and quality measures to help consumers find hospitals and Medicare-C...

Harvard Health Publications of Harvard Medical School has published Caregiver's Handbook: A guide to caring for the ill, elderly, disabled ... and yourself, a basic introductory handbook to some of the topics and concerns faced by family caregivers. ...

Money Smart Week® classes and events for consumers in 30 different States -- those indicated in green on the map at left. To find classes and other events (primarily in libraries) in your area, click Consumer Banking Resources -- A page of the Chi...

The U.S. Department of Health & Human Services (HHS) and its Office of the National Coordinator for Health IT (ONC) announced new data on Friday, February 17, showing that the use of electronic health records has more than doubled between 2009 and ...

The National Institute on Aging (NIA), part of the National Institutes of Health, under the U.S. Department of Health & Human Services (HHS), provides a useful resource list with excerpts and links to multiple sources of information on Legal and Financ...

What can you do as a Baby Boomer and family caregiver to secure your retirement future against the threat of rising health care and long-term care costs? Here are some links to information that may be helpful to you on long-term care planning, re...

The National Hospice and Palliative Care Organization provides free downloads of forms for Health Care Advance Directives for all 50 States, along with instructions, and related information. These forms are provided free of charge on the Organizatio...

A new report, from the Office of the Actuary at the Centers of Medicare and Medicaid Services (CMS) in Baltimore, and published in the journal HealthAffairs on July 28, 2011, projects that overall U.S. health care costs will grow at an average rate of ...

A new study by Yale researchers published today in the Archives of Surgery, one of the JAMA journals of the American Medical Association, found that Do-Not-Resuscitate Orders were associated with poor surgical outcomes and a higher risk of death within...

Here are nine frequently asked tax questions for family caregivers, listed by the U.S. Internal Revenue Service (IRS) on its website. Click on the links below to find the answers provided by the IRS for each question: 1. I am a caregiver for my ag...

Here is a copy of information provided on the IRS.gov website on: Family Caregivers and Self-Employment Tax: "Special rules apply to workers who perform in-home services for elderly or disabled individuals (caregivers). Caregivers are typically empl...

Can you put your hands on important documents you will need as a primary caregiver? Here's a helpful to-do list to help you locate, create, or revise important papers. From the National Caregivers Library: See »

Guide from AARP helps caregivers gather critical information in advance "After she died, I went to her house and had to go through her papers to find important things like the title to her car, burial arrangements, house title," she said. "They we...

Read more in WSJ.com about a growing trend for families to compensate adult children or relatives who serve as caregivers to elders.  This trend may be fueled by a recognition of the financial sacrifices that family caregivers often make -- freque...

by Craig Reaves, past president of the National Academy of Elder Law Attorneys for The New York Times, November 24, 2010 An Elder Law Attorney answers a question concerning  whether it is necessary to spend down a person's assets  before medicaid ...

© 2010 by Constance R. Barnhart Attorney At Law View/ Print as a PDF Document Following is a checklist of some of the legal issues that may arise for seniors and their family caregivers. For each of these issues that may apply to you, you shou...

Fact Sheet by the Family Caregiver Alliance, National Center on Caregiving, a nonprofit organization. "This Fact Sheet is not intended to provide a comprehensive planning tool. It outlines areas we need to think about and resources that can help, wh...

by Allen Jesson  A good article describing some of the different types of entrance contracts required by CCRC’s.  As explained, some facilities offer straight fee for service contracts only, and may contract with another facility to deliver the...

Nursing Home Admission Agreements: Think Twice Before Signing; A Guide for Nursing Home Residents and Their Families, 16 page paper (PDF) by the National Senior Citizens Law Center, with Support from The Retirement Research Foundation. Provides a ch...

Senior Housing: What you should know… Website of U.S. Department of Housing and Urban Development (HUD). Discusses the legal rights of older persons under the U.S. Fair Housing Act, and other laws relating to fair housing and equal opportunity...

Older Floridians Handbook, Fifth Edition, by Florida Department of Elder Affairs, Florida Justice Institute, and Carlton Fields. This 121 page Handbook provides information for seniors in Florida, covering many areas. See pages 37 et.seq. for a d...

Housing & Property Rights, Section V of Consumer Resources Guide, Florida Agency on Health Care Administration. Provides information on legal issues and rights of seniors in Florida with respect to housing and property rights. Other States h...

Independent Contractor vs. Employee, IRS Tax Tip, U.S. Department of the Treasury, Internal Revenue Service. This page of the IRS website explains the IRS rules for determining whether workers are employees or independent contractors, and provides l...

Employer’s Supplemental Tax Guide – U.S. Internal Revenue Service Publication 15-A (2010), U.S. Department of the Treasury, Internal Revenue Service. Discusses (at pages 3 through 10) the rules governing whether a worker must be treated as an ...

Independent Contractor vs. Employee, A Fundamental Legal Challenge When Providing Home Care Services Using Independent Contractors, National Private Duty Association. A 23 page PDF document, advising Home Health Care companies on hiring aides as ind...

IRS Form SS-8: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, U.S. Department of Treasury, Internal Revenue Service. Optional Form which can be submitted to the IRS by a worker or by a firm or ind...

Family and Medical Leave Act of 1993, as amended, administered by the U.S. Department of Labor (DOL), Employment Standards Administration, Wage and Hour Division. The website of the DOL, which administers the U.S. Family and Medical Leave Act, prov...

EEOC Issues Guidance on Unlawful Discrimination Against “Caregivers” Under Title VII and the ADA, By Katherine Brewer, from Martindale.com. Discusses enforcement guidance issued by the EEOC (U.S. Equal Employment Opportunity Commission) on May ...

Caregiving Responsibilities: Focus on Workplace Rights and Obligations: Enforcement Guidance; Unlawful Disparate Treatment Of Workers With Caregiving Responsibilities, U.S. Equal Employment Opportunity Commission (EEOC). Lengthy document by the EEOC...

Working; Don’t assume caregivers can’t, By L.M. Sixel, Houston Chronicle, September 11, 2008. The Equal Employment Opportunity Commission issued guidelines that make it very clear that bosses must treat all employees equally, no matter...

A Patient’s Guide To The HIPAA Privacy Rule: When Health Care Providers May Communicate About You with Your Family, Friends, or Others Involved In Your Care, by the U.S. Department of Health & Human Services, Office of Civil Rights. A 3 page ...

OCR Privacy Brief: Summary Of The HIPAA Privacy Rule, U.S. Department of Health & Human Services, Office of Civil Rights. 25 page booklet summarizing the HIPAA Privacy Rule to provide HIPAA compliance assistance. Caregivers should review this ...

A Health Care Provider’s Guide To The HIPAA Privacy Rule: Communicating with a Patient’s Family, Friends, or Others Involved in the Patient’s Care, by the U.S. Department of Health & Human Services, Office of Civil Rights. A 5 page PDF ...

Your Health Information Privacy Rights, U.S. Department of Health & Human Services, Office of Civil Rights. A 2 page brochure briefly summarizing privacy rights for patients. »View details: Your Health Information Privacy Rights

Privacy and Your Health Information, U.S. Department of Health & Human Services, Office of Civil Rights. Two page brochure briefly summarizing privacy rights for patients. »View details: Privacy and Your Health Information

Patient Rights, Cornell Law School, Legal Information Institute. Search results of the Cornell data base of laws for “patient rights” lists several U.S. Code sections (federal statutory law), U.S. Supreme Court decisions, and Code of Federal Reg...

Patient Rights, MedlinePlus, National Library of Medicine, U.S. Institutes of Health, U.S. Department of Health & Human Services. Comprehensive links to information on patient rights. »View Details

The Patient Care Partnership: What to Expect during your Hospital Stay, American Hospital Association. Brochure listing rights that patients should expect: (1) high quality hospital care, (2) a clean, safe environment, (3) involvement in your care, ...

Patient Rights Program: Promoting the Rights of Patients through Education and Research, The Health Law Department of Boston University School of Public Health. Provides a short summary called, “Patient Rights at Your Finger Tips.” »V...

How to Get a Second Opinion, National Women’s Health Information Center, U.S. Department of Health and Human Services, Office on Women’s Health. You have a right to obtain a second and third opinion from different doctors. This brochure provide...

The Patient’s Bill of Rights; What is the Patient’s Bill of Rights? The American Cancer Society. Lists 8 key areas of patients’ rights: Information disclosure, choice of providers and plans, access to emergency services, participation...

Eldercare Rights & Resources: Long-Term Care Ombudsman Program, Administration on Aging (AoA), U.S. Department of Health & Human Services. Long-term care ombudsmen are advocates for residents of nursing homes, board and care homes, assiste...

Centers for Medicare & Medicaid Services (CMS), List with links to State Medicaid Websites. Medicaid is a federally funded program, but it is administered and partially funded by the states and varies state to state. Information about Medicaid ...

State Information (Select a State) for Medicaid Rules, by ElderLawAnswers.com, a website founded and run by an elder law attorney in Boston, Massachusetts. Contains a good introduction to the Medicaid Rules and eligibility standards, along with a dr...

Medicaid Planning Basics, 360 Degrees of Financial Literacy, website by The American Institute of Certified Public Accountants. For the Sandwich Generation: information on Medicaid asset planning basics. »View Details

Medicaid Planning, by Thomas Day. Discussion of some Medicaid planning techniques. »View Details See Also, Getting the Government to Pay: For Long Term Family Caregivers, by Thomas E. Day (Medicaid Planning and VA Benefits): View Arti...

Medicaid, Official website of Centers for Medicare & Medicaid Services (CMS), U.S. Department of Health & Human Services. Provides links to all information provided on Medicaid. »View Details

Medicaid Basics: A Question And Answer Guide About Eligibility, Coverage, And Benefits, Health Lawyer’s Public Information Series, by American Health Lawyers Association. A 24 page PDF document, describing Medicaid, how it works, who is eligible, ...

Transfer of Assets in the Medicaid Program: Important Facts for State Policymakers, January 8, 2008, by Centers for Medicare & Medicaid Services (CMS), U.S. Department of Health & Human Services. This document summarizes important changes...

Medicaid Law: An Overview, Cornell University Law School, Legal Information Institute. Provides a good introduction and overview of Medicaid, a medical assistance program jointly financed by state and federal governments for low income individuals....

Overview of Medicaid Eligibility Rules, Website of Centers for Medicare & Medicaid Services (CMS), U.S. Department of Health & Human Services. »View Details

Medicaid At A Glance 2005, (the most recent version posted on the website of the Centers for Medicare & Medicaid Services (CMS)), U.S. Department of Health & Human Services. A 12 page PDF document providing an overview of the Medicaid Pro...

Medicare and Medicaid: What’s the Difference?, FindLaw.com. A very basic introduction to Medicare and Medicaid and the differences between them. »View Details

FAQ on Medicaid, by FindLaw.com. Very basic answers to FAQ on Medicaid, based on the ABA Family Legal Guide. »View Details

Medicaid Planning, by ElderLawAnswers.com, a website founded and run by an elder law attorney in Boston, Massachusetts. Contains a good introduction to Medicaid planning and eligibility, written for the non-lawyer (Last Updated: 2008). »Vie...

Medicaid Reform & Planning: A Primer For Estate Planners–Part One, by Holland & Knight LLP, Articles & White Papers; Estate Planning and Administration. »View Details Medicaid Reform & Planning: A Primer For Estate Planners–P...

Florida: The Florida Trust Code, Chapter 736, Florida Statutes, from the Official Internet Site of the Florida Legislature. Posts Florida’s statute governing trusts in Florida. Note: a Florida trusts lawyer must be consulted for advice if your l...

Minnesota: Minnesota Statutes, Chapter 501B – Trusts, Minnesota Office of the Revisor of Statutes. Link to the Minnesota State statutes governing trusts in Minnesota. Note: a Minnesota trusts lawyer must be consulted for advice if your loved ...

New York: Laws of New York State, Estates, Powers & Trusts, Articles 7, et. seq., Laws of the State of New York. Click “EPT” to access the Chapters relating to Estates, Powers & Trusts. Article 7, et. seq. relate to trusts. Note: ...

Information posted for the public by the Superior Court of California, County of Santa Clara, Probate Court. Contains basic consumer information on Living Trusts, what they are, advantages, most common types, and other frequently asked questions. ...

Texas: Texas Statutes, Property Code, Title 9 – Trusts, Texas Constitution and Statutes official website, Note: These links are for information only. A Texas trusts lawyer must be consulted for advice if your loved one lives in Texas and con...

California: Fact Sheet: Durable Powers of Attorney and Revocable Living Trusts, Family Caregiver Alliance, reviewed and revised 2001 by Charlie P. Sabatino, Assistant Director, Commission on Legal Problems of the Elderly, American Bar Association. D...

Make a Living Trust in Your State: Select your state to learn about your state’s laws, by Nolo.com. Links to all of the 50 U.S. States with information written by a Nolo attorney on each State’s laws and requirements governing living trusts....

Estate Planning: an overview, Cornell University Law School, Legal Information Institute. A basic overview of the process of estate planning, with links to additional basic information on Estates and Trusts, Federal Gift Tax, and Estate Tax, as well...

Estates And Trusts: An Overview, Cornell University Law School, Legal Information Institute. A basic overview of the process of the role of trusts in estate planning, with links to additional basic information on the Uniform Probate Code and wills...

Trusts: An Overview, by FindLaw.com. Provides a good basic introduction to trusts as an estate-planning tool, including a basic explanation of the different types/ categories of trusts – testamentary trusts (created by will) vs. living or inter vi...

Living Trust FAQ: An introduction to living trusts — a popular way to avoid probate, by Nolo.com. Basic information on living trusts written by a Nolo attorney, with links to state by state information. »View Details

Planning For The Disabled And Elderly – Special Needs Trusts, by Ellen Morris, J.D. »View Details Planning For The Disabled And Elderly – Special Needs Trusts, by Ellen Morris J.D.

Florida: The Florida Estates and Trusts Laws, Title XLII, Florida Statutes, from the Official Internet Site of the Florida Legislature. Posts Florida’s Probate Code, governing wills, probates, and intestate succession in Florida. See Title XLII, ...

Minnesota: Probate/ Wills/ Estates, Minnesota Judicial Branch, Self Help Center. Provides information and resources on probate, wills and estates in Minnesota, including links to probate forms and to the laws and rules on probate in Minnesota. Note...

New York: Laws of New York State, Estates, Powers & Trusts, Articles 1-6, and 9 et. seq., Laws of the State of New York. Click “EPT” to access the Chapters relating to Estates, Powers & Trusts. Chapters 1-6 and 9, et.seq., relate to ...

Texas: Texas Statutes, Probate Code, Texas Constitute and Statutes official website. Click on “Texas Statutes,” then “Probate Code” to find the Texas Statutes governing wills, probate, administration of estates, and intestate succession in ...

Uniform Probate Code Locator, Cornell University Law School, Legal Information Institute. Links to the Model Uniform Probate Code (“UPC”) as recommended by The National Conference of Commissioners on Uniform State Laws, together with links to ...

State Estate Planning Laws, by FindLaw.com, a resource for attorneys and the public. Provides links for each U.S. State to state-specific estate planning laws, including state laws on living wills, power of attorney, requirements for a valid will, a...

Making a Will in Your State: Select your state to learn about your state’s laws, by Nolo.com. Links to all 50 U.S. States with general information written by a Nolo attorney on each State’s laws and requirements governing wills. Note: a qua...

Estate Planning: Now More Important Than Ever, Holland & Knight LLP. Article discussing the importance and relevance of tax planning to estate planning. (Note: Holland & Knight LLP is a national law firm of approximately 1,250 attorneys....

What is Estate Planning? A preface to the book, Love, Money, Control: Reinventing Estate Planning, Quantum Press, provided by the National Network of Estate Planning Attorneys. »View Details The book can be purchased at Amazon.com: Love, ...