Elder Law Newsletter – April 2018 Legal Update
Chambliss Elder Law Newsletter is a bi-monthly e-newsletter of legal developments and other trends of vital interest to seniors and their advocates. This newsletter is brought to you by Cameron Kapperman and other members of the Elder Law Practice Group of Chambliss Law Firm.
Chambliss Law Firm Monthly Editorial
Elder-centered Solutions for Family Conflict
by Rebecca Miller, Attorney
When an aging parent needs care and lacks the capacity to make decisions, family conflict may erupt among adult siblings. The challenge of making so many decisions (including health care, residential, caregiving, and financial) for an elder can create stressful situations, potentially causing conflicts to simmer under the surface before eventually boiling over. In these situations, families frequently turn to the court system for resolution, but complicated family dynamics usually can’t be addressed in a courtroom. Litigation also may intensify conflict rather than resolve it. In addition, a contentious and time-consuming conservatorship proceeding drains resources, hinders the timely provision of effective care, and can often negatively impact the elder emotionally. Ideally, families should focus their attention on the elder, keeping the elder’s rights, wishes, and well-being at the forefront.
So how can a family reduce conflict and remain focused on the elder’s needs? Collaboration.
When family members get together and collaborate to reach a joint decision, this often helps speed up the process of getting necessary treatment or services for the elder. Two useful ways to encourage collaboration are mediation and care coordination. [Click to read the full story.]
SAVE THE DATE
2018 Southeast Tennessee Aging Conference
May 4, 2018 | 8:30am-3:00pm
You won’t want to miss this educational opportunity to honor older Americans who are working longer, taking charge, striving for wellness, and engaging in our community. [Visit Event Website]
Be on the Lookout for New Medicare Cards (and New Card-Related Scams)
The federal government is issuing new Medicare cards to all Medicare beneficiaries. To prevent fraud and fight identity theft, the new cards will no longer have Social Security numbers on them.
Proving That a Transfer Was Not Made in Order to Qualify for Medicaid
Medicaid law imposes a penalty period if you transferred assets within five years of applying, but what if the transfers had nothing to do with Medicaid? How do you prove you made the transfers for a purpose other than to qualify for Medicaid?
Choosing Retirement Account Beneficiaries Requires Some Thought
The choice of beneficiary for IRA, SEP, 401(k) or other retirement plans can have significant tax implications. Here are some of the rules and concerns when designating beneficiaries.
New Federal Law Puts Focus on Preventing Elder Abuse
A new federal law is designed to address the growing problem of elder abuse. The law supports efforts to better understand, prevent, and combat both financial and physical elder abuse.