What rights do I have as a resident of a long-term care facility? Under the laws of the State of Ohio, the answer is quite a few. Thanks to a piece of legislation commonly referred to as the “Nursing Home Bill of Rights,” residents of facilities that provide accommodations to three or more unrelated people for more than twenty-four hours, enjoy a wide array of protections. This legislation extends to individuals currently receiving care in a nursing home, residential care facility, or county home.
Here are some of the most important rights afforded to those who are living in a private or public … Read the rest
Admitting a family member into a long term care facility (assisted living or nursing home) can be very emotional and stressful for a family. The admittance paperwork can often be many pages long and the pressure can be high to sign quickly to secure the family member a bed. Signing the paperwork to enter the agreement without having it reviewed by an elder law lawyer can spell trouble for the patients and their families. The following are the two big reasons to have an elder law lawyer review your nursing home or assisted living agreement before signing.
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- Avoid being left holding the bag: It is common
The Department of Veterans Affairs is proposing changing eligibility rules for VA Aid and Attendance Benefits. Specifically, it is proposing an asset limit, a look-back period and asset transfer penalties for applicants applying for pensions, like the Aid and Attendance benefit. Currently, there is no prohibition on transferring assets prior to applying for benefits.
The proposed rule would create a 36-month look-back period and a penalty period of up to 10 years. The penalty period would be calculated based on total assets transferring during the look-back period exceeding the new asset… Read the rest
In the case of Andover Village Retirement Community v. Cole, Mr. Cole admitted his mother to a nursing home. Mr. Cole, who was his mother’s agent under her financial power of attorney, signed one agreement as a “Responsible Person” that stated in the agreement that he was not personally liable for his mother’s unpaid medical expenses. Then, Mr. Cole signed an additional agreement with the nursing home stating that he was assuming financial responsibility for his mother.
After Mr. Cole’s mother died, the nursing home sued him for unpaid expenses. The Court found that each agreement must be treated… Read the rest