<p>Getting older comes with its fair share of headaches and curveballs, especially when it comes to things like managing retirement benefits, sorting out healthcare, and figuring out living arrangements, and planning for financial stability over the long run. If you or a loved one is looking for support navigating this new world, elder law attorneys can be especially helpful.</p>

11-reasons-to-work-with-an-elder-law-attorney

<figure class="image"><img src="https://seniorly.s3.us-west-1.amazonaws.com/uploads/b6612a918f785895ae7d3fe5d8351c60/pexels-nataliya-vaitkevich-6863183.jpg"></figure><p>While all attorneys have a solid understanding of the law, an elder care attorney is like a gerontologist of the legal world when it comes to aging and elder law issues. Elder law attorneys understand the areas that matter to senior citizens - estate planning, living arrangements, healthcare, including Medicare and Medicaid, long term care planning, and other related issues. This makes them more equipped to provide you with experience, expertise and advice tailored to your situation. Here's a quick rundown of what an elder law attorney can help with:</p><ul><li><strong>Planning for long-term care:</strong> As we age, we might need some extra help with daily activities, medical care, or even a stay in a nursing home. This type of care can be very costly, and an elder law attorney can help set up a game plan, so you're financially prepared and know your legal rights.</li><li><strong>Long term care insurance:</strong> Elder law attorneys can be partners in managing long-term care insurance. They aid clients in understanding policies specifications, and offer advice on the most suitable options.</li><li><strong>Estate and trust planning:</strong> Passing on treasured family heirlooms or making sure your loved ones are financially secure after you're gone can be tricky to navigate. Elder lawyers specialize in figuring out the best way to protect assets, distribute the estate of older clients, avoid probate, and reduce any tax burdens. They're experts in these financial matters.</li><li><strong>Guardianship or conservatorship issues:</strong> Sometimes, there comes a time when a senior can't make decisions for themselves and needs assistance managing their finances and medical care. A guardianship or conservatorship proceeding can be commenced in court so that the court appoints a guardian for the senior. An elder law attorney can help ensure that the person chosen is aligned with the senior on all matters.</li><li><strong>Understanding senior rights:</strong> There are plenty of policies and laws in place to protect seniors, but they can be confusing without some guidance. Elder law attorneys focus on staying up to date with these laws.</li><li><strong>Medicare, Medicaid and Social Security benefits:</strong> There's no denying that healthcare and living expenses can add up. Elder lawyers can help maximize your benefits in areas like Medicare and Social Security. And if you need nursing home care, an elder law attorney can help you plan and apply for Medicaid.</li><li><strong>Durable power of attorney designation:</strong> This is a crucial document that appoints someone to handle financial and legal affairs if an older adults becomes unable to do so. An elder law attorney can help draft a power of attorney document that accurately reflects their wishes.</li><li><strong>Wills:</strong> Elder law attorneys can draft a will that allows a senior to identify how their estate is to be passed down to friends or family. They can also assisted with creating a living will, which is a a document that outlines wishes concerning end of life medical treatment when someone is unable to express informed consent.</li><li><strong>Advance directives:</strong> Elder care attorneys play a crucial role in drafting advance directives. They provide expertise on crucial decisions regarding life-prolonging treatments, health care and hospice care.</li><li><strong>Caring for a spouse or child with special needs:</strong> If you have there is a spouse or child with special needs, planning for their future is vital. An elder law attorney can help create a trust to ensure your loved ones are taken care of while still maintaining their eligibility for government benefits or assistance.&nbsp;</li><li><strong>Navigating Veterans' Benefits:</strong> If you're a veteran, you may qualify for certain benefits from the Department of Veterans Affairs (VA). However, understanding what you're entitled to and how to access these benefits can be a complex process. An elder law attorney can help navigate through this bureaucratic maze, ensuring you receive all the veterans' benefits you're eligible for.</li></ul><h3>An important note about elder abuse:</h3><p>A qualified elder law attorney can also provide legal assistance in issues related to elder abuse, a devastating issue that confronts many older adults. These specially trained attorneys can help identify signs of abuse, whether physical, emotional or financial, and take immediate steps to halt it. In cases of financial exploitation, they can help reclaim control over the elder's financial affairs and seek justice through the court system. They also serve as a crucial liaison with law enforcement and adult protective services, ensuring that the necessary evidence is gathered, and proper reports are made.</p><p>If you or a loved one is concerned about the physical abuse or emotional abuse of an older person, please contact your local adult protective services agency or call <a href="https://eldercare.acl.gov/Public/Index.aspx" target="_blank" rel="noopener noreferrer">Eldercare locator</a> at 1-800-677-1116 and specialists can help refer you to local government resources that can support you.</p>

are-elder-law-attorneys-certified

<figure class="image"><img src="https://seniorly.s3.us-west-1.amazonaws.com/uploads/2c89033d174a5338785ff7bca3f09cb3/pexels-andrea-piacquadio-3824771.jpg"></figure><p>The short answer is yes - elder law attorneys <i>can</i> have special certification that makes them better suited to working with older adults. Most certified elder law attorneys take specialized courses in elder law after having passed the bar. A certified elder law attorney can earn certification from organizations like the National Elder Law Foundation (NELF) which require passing a demanding exam and meeting ongoing education requisites in law.</p><p>Some elder law attorneys stay up to date on elder law by joining organizations like the National Academy of Elder Law Attorneys (<a href="https://www.naela.org/" target="_blank" rel="noopener noreferrer">NAELA</a>), a professional association that provides valuable resources and support to attorneys dealing with issues regarding aging and disabilities. NAELA facilitates the competence and professionalism of these attorneys by organizing ongoing educational programs, maintaining a powerful advocacy mechanism, and offering a platform for networking and collaboration. With comprehensive resources, professional organizations help lawyers stay up to date on the latest legal strategies, research, and techniques that primarily focus on the older adults and people with special needs.</p>

how-to-find-a-certified-elder-law-attorney

<figure class="image"><img src="https://seniorly.s3.us-west-1.amazonaws.com/uploads/3c5fb5e66d1acb7371351e809a17a1f4/pexels-marcus-aurelius-6787970.jpg"></figure><p>If you're considering hiring an elder law attorney, chances are you are also balancing just a few other things at the same time. But don't worry - with a bit of preparation and clear steps forward, you can find the right legal expert for you or your loved one's needs:</p><ul><li><strong>Identify your needs</strong>: First off, think about what you need. Are you sorting out a will, planning long-term care, or dealing with possible elder abuse? Pinpoint what you're looking for so you find a lawyer that's the right fit.</li><li><strong>Research: </strong>Have a look online, check out legal referral services, and even ask your local bar association for a list of top elder law attorneys around your area.<strong> </strong>A simple google search is a great starting point, but you can also use a professional elder law organization like <a href="https://www.naela.org/" target="_blank" rel="noopener noreferrer">NAELA</a>.</li><li><strong>Get feedback:</strong> Don't forget to ask around. Your friends, family members or coworkers might know a great lawyer from their own experience. Check out online reviews, too.</li><li><strong>Interview potential candidates</strong>: Once you've got a shortlist, set up some time to interview your leading candidates. Ask them about their experience, if they've handled cases like yours before, and how they generally tackle their work. Remember, it's not just about the skills - you need someone you can actually get along with!</li><li><strong>Discuss fee structure: </strong>Make sure you take the time to understand the attorney's fee structure and whether it aligns with your budget. Does the lawyer charge by the hour, or do they charge a flat fee? Are there any extra costs hiding?</li></ul>

the-emergence-of-elder-care-law

<p>Elder care law is a relatively new concept. As the number of older adults started increasing thanks to advances in healthcare, the unique challenges and needs of this age group became more apparent. The financial decisions related to long-term care and shifting family structures also played a role in this development. When the U.S. government passed the Older Americans Act in 1965, it laid the foundation for attorneys to practice elder law, providing seniors with necessary support. This field has since grown to cover things like estate planning, crucial medical decisions, protecting assets, and preventing elder abuse.</p><p>Elder law specialists are an important part of a team that can help protect assets and agency during the aging process. Whether you are a caregiver or an older adult, it's important to understand how this kind of specialist can help you prepare for the road ahead.</p>

<p>A Power of Attorney (POA) and a Durable Power of Attorney (DPOA) are both legal documents that allow someone to act on behalf of another person. However, they differ in terms of when they remain in effect.</p><p>A traditional Power of Attorney ceases to be effective if the person who grants the authority (the principal) becomes incapacitated, mentally incompetent, or unable to make decisions on their own.</p><p>On the other hand, a Durable Power of Attorney remains in effect even if the principal becomes incapacitated or incompetent. This makes a DPOA especially useful in situations involving long-term illness or old age where the likelihood of the principal losing the ability to manage their own affairs is high.</p><p>An elder law attorney is able to support the development of both types of power of attorney.</p>

What are the different types of power of attorney?

Thinking about senior living?

pexels-matthias-zomer-618158 (1).jpg

Find resources and support for caregivers so that you can offer your loved one your best self every day.



Caregivers

<p>Ashley Quiambao reviews legal content for Seniorly. A graduate of the Touro University Jacob D. Fuchsberg Law Center, Ms Quiambao has practiced elder law for over over seven years. &nbsp;She has deep experience in managing complex legal matters of trusts and estates, medicaid planning, and &nbsp;issues related to guardianship and power of attorney. &nbsp;Ms Quimbao practices law under the name of Ashley Hall.</p>

Senior Associate Attorney, Patricia Rooney P.C.

If you or a loved one is thinking about the future, elder law attorneys can be a great help in planning for what's ahead. From estate planning to Medicaid support, we're here to explain how an elder law attorney can help.

What is an Elder Lawyer?

<h2><strong>Legal documents you need for your aging parents</strong></h2><p>As your parents grow older, it’s important to make sure you will be able to manage their affairs if they become unable to make medical or financial decisions on their own. It’s also critical to ensure you have the legal documents needed to make sure their end-of-life wishes are carried out. These documents can be complex, and many states have specific requirements that must be met for the documents to be valid.&nbsp; It is always best to consult with and retain an elder law or estate planning attorney to assist your parents with preparing and executing these documents.&nbsp;</p><p>We’ve put together a list of essential legal documents every aging adult should have. If your mom or dad doesn’t already have them in place, it's a good idea to plan a conversation to discuss these important documents.&nbsp;</p><h2><br><strong>Legal documents to obtain before your parent moves to assisted living</strong></h2><p>Before your parent moves into an <a href="https://www.seniorly.com/assisted-living">assisted living </a>community, part of the admissions process will involve preparing specific legal documents. Make sure you have this paperwork in place before they make their move.</p><h3><strong>HIPAA authorization form</strong></h3><p><a href="https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html?language=en">The Health Information Portability and Accountability Act</a>, often simply known as HIPAA, lays out legal standards for ensuring an individual’s health records and information are kept private. This means that healthcare professionals can’t share information with you about your parent unless your parent has provided written consent for you to receive this information. A HIPPA authorization form is a straightforward yet critical document for parents to complete. This form authorizes doctors, medical facilities, and other healthcare professionals to keep you and other family members your parent approves informed on their medical status. Most doctor’s offices have them on hand, and they only take a few minutes to complete.</p><h3><strong>Durable financial power of attorney</strong></h3><p>A durable financial <a href="https://www.seniorly.com/resource-center/senior-living-guides/what-is-power-of-attorney">power of attorney </a>provides you or another appointed agent the authority to take care of financial transactions on your parent’s behalf. Keep in mind, your loved one has to be mentally competent when the document is created. A durable power of attorney differs from a standard power of attorney<a href="https://www.seniorly.com/resource-center/senior-living-guides/what-is-power-of-attorney"> </a>in that it will remain effective even if your parent becomes incapacitated and is unable to make decisions for themselves. When your parent passes away, this document is automatically terminated.</p><h3><strong>Durable medical power of attorney</strong></h3><p>A durable medical <a href="https://www.seniorly.com/resource-center/senior-living-guides/what-is-power-of-attorney">power of attorney </a>names at least one person to make medical decisions on your parent’s behalf if they’re unable to communicate or make decisions on their own. It’s wise to name an alternate agent in case the primary agent cannot be reached when there’s an emergency. Take time to discuss your parents’ wishes on critical medical decisions in advance so you are able to carry out their wishes if they become too ill to direct their own medical care.</p><h3><strong>Physical assessment form</strong></h3><p>Before your aging parents enter an assisted living community, their doctor will be required to complete a physical assessment form. It provides information about your parent’s medical history, current diagnoses, behavioral or cognitive status, and sensory or physical limitations they may have. Within the assessment, the physician can also indicate what therapy or medical services are needed by your loved one, as well as information on the amount of assistance that may be necessary with self-care and daily living tasks.</p><h2><strong>Legal documents for end of life</strong></h2><p>A few specific legal documents are needed to dictate your loved one’s end-of-life wishes as well as what happens to their estate when they are gone.</p><h3><strong>Living Will</strong></h3><p>A living will, often called an advanced directive, allows your parent to record their wishes for end-of-life care. It keeps family members from having to agonize over tough medical decisions in the future. Your parent can use a living will to make it clear whether they would like life support to be used in the case of a permanent coma, persistent vegetative state, or terminal condition. It can also be used to specify in which situations they would like to receive water and food via feeding tube, and when they’d like to be provided with comfort care.</p><h3><strong>Last will and testament</strong></h3><p>A last will and testament states what happens to your loved one’s assets after they pass away. It can include their property, money, estate, and possessions. Failing to have a will means that your loved one’s estate will pass pursuant to state intestacy laws regardless of their wishes. . When creating a last will, they’ll need to list beneficiaries and appoint an executor and alternate executor. By drafting a last will and testament, parents ensure their estate is distributed according to their own wishes.</p><h3><br><strong>DNR</strong></h3><p>A Do Not Resuscitate or DNR document informs medical professionals that your parent does not want cardiopulmonary resuscitation (CPR) or advanced cardiac life support if their heart stops or they stop breathing. A DNR differs from a living will in that it’s a medical order actually written and signed by a physician, making it a legally recognized medical order. In some states, the Physician Orders for Life-Sustaining Treatment (POLST) serves the same function as a DNR form.</p><h2><strong>Caring for aged parents checklist</strong></h2><p>You should have several other important healthcare, financial, and personal documents on hand as well, including your parent’s:</p><ul><li>Personal medical history</li><li>Insurance card</li><li>Long-term care insurance policy</li><li>Tax returns</li><li>Deeds to all property</li><li>List of bank accounts</li><li>Documentation of debts and loans,</li><li>Stock certificates, brokerage accounts, savings bonds</li><li>Life insurance policies</li><li>Organ donor card</li><li>Marriage and/or divorce papers</li><li>Birth certificate</li><li>Social security card</li><li>Military records (if applicable)</li><li>Driver’s license</li><li>Passport</li></ul>

This piece is part of our Healthy Aging Handbook, read the next one to learn more about helping aging parents

Managing Your Parents' Finances

understanding-the-cost-of-assisted-living.jpg

Explore senior health topics, fun activities in your area, travel tips and more to make the most of senior life.

Health and Lifestyle

Learn about the important legal documents you'll need for your parents before they enter assisted living and how to plan for their end-of-life wishes.

How to Determine the Legal Documents Needed for Your Parent

<p>As time passes, many adult children find themselves confronted with the responsibility of caring for their aging parents. Navigating the complex terrain of legal, health and financial matters can be a daunting task, but with a little bit of planning it can be made a whole lot easier.</p><p>Establishing a power of attorney is a crucial step in preparing for the uncertainties that lie ahead, and in reducing stress when crises emerge. Working with your elderly parents to prepare for the future not only fosters a sense of security and control for them, but also transforms a potentially overwhelming process into a constructive and positive experience.</p>

what-is-a-power-of-attorney

<p>A power of attorney (or POA, as it's often called) is a legal document that gives one person (sometimes called the agent, or “attorney-in-fact”) power to make decisions on behalf of another (usually referred to as the "principal"). The person with power of attorney (the agent) has the power to make legal, financial, or medical decisions on behalf of the principal. This power can be either very specific and limited to certain actions or very expansive, and is generally used when the principal is incapacitated due to illness or disability, or when they are unable to be physically present to sign legal documents.&nbsp;</p><p><i>Although we’ll be focusing in this article on broad U.S. terms and POA definitions, keep in mind that each state has its own power of attorney laws, regulations, and even terminology.</i></p><p>There are a few different types of power of attorney:</p><ul><li><strong>General power of attorney</strong> is used when the principal is able to take care of their own affairs but for whatever reason chooses or prefers not to. Perhaps they spend their winters out of the country: POA allows someone in their home country to manage local finances and property should the need arise. General POA usually lasts only for a limited period of time which is specified in the document, can be revoked at any time, and will end automatically if the principal is incapacitated. For this last reason it is not a good option for end-of-life care or medical emergencies.</li><li><strong>Limited power of attorney</strong> allows the agent to perform very specific tasks on behalf of the principal, and only those tasks. This might be something like managing the principal’s retirement accounts. Like General POA, limited POA lasts only for a specified period and will end automatically if the principal is incapacitated.</li><li><strong>Durable power of attorney</strong> gives the agent the power to make legal and financial decisions.&nbsp; This document is effective immediately, is revocable and does not terminate if the principal becomes incapacitated. This type of POA will only terminate upon the death of the principal and is always recommended, as the agent can continue to act on behalf of the principal should their health deteriorate.&nbsp; The agent can handle financial affairs like medical bills or selling property, but they cannot make healthcare decisions on behalf of the principal.</li><li><strong>Medical power of attorney</strong> (sometimes called a healthcare power of attorney, or healthcare proxy) is a type of durable power of attorney that gives the agent the power to make medical decisions if the principal is incapacitated.</li><li><strong>Springing power of attorney</strong> is a type of sub-document within the durable power of attorney: it states the conditions under which the principal is considered incapacitated, thus triggering the durable power of attorney. These conditions can vary, for example it might require that one or even two doctors certify that the principal is unable to handle financial decision-making.</li></ul>

why-have-a-power-of-attorney-document

<figure class="image"><img src="https://seniorly.s3.us-west-1.amazonaws.com/uploads/7efe79f2ff54e93a85292fda777a5f81/pexels-anna-shvets-5231268.jpg"></figure><p>The future might seem far off and you may have no current medical conditions that might lead to incapacity. However as we age, the likelihood that we will need this document increases. At the very least, power of attorney can become essential after one enters end-of-life care. Almost everyone can benefit from having a power of attorney document, even young people. If you are ever in an accident, having a durable power of attorney document can help your designated agent make decisions for you, or handle money and property while you’re incapacitated. Common reasons seniors might need power of attorney documents:</p><ul><li><strong>Chronic illness</strong>: POA can help take certain responsibilities off your plate while you combat long-term health crises.</li><li><strong>Planned or emergency surgery</strong>: Giving someone medical power of attorney can help them make healthcare decisions for you while you’re under anesthesia or in recovery.</li><li><strong>Memory issue</strong>s: Seniors with memory problems, especially those diagnosed with dementia or Alzheimer’s, should choose and sign a POA as soon as possible, while they still have the ability to do so. This will allow their agent to handle their affairs, even if they’re as simple as making sure that bills are paid on time.</li></ul><p>Perhaps the biggest benefit of power of attorney is that you can choose who to give this power to. Without a power of attorney document specifying a different agent, legal and medical decisions fall to your next of kin. This may not be the ideal solution for everyone. For example, some may be too young, too far away to effectively manage POA. Perhaps you would prefer to give a sister, who is a doctor, medical power of attorney, but designate a close friend (who is also a CPA) financial power of attorney. There are many ways to customize this legal document, and you don’t have to choose family members when designating power of attorney. You can even choose professionals to act in this capacity — lawyers, accountants, etc. — but they will likely charge you for their work as your POA agent.</p><p>Each family and individual has different dynamics and needs: creating a power of attorney document will help ensure that you have people you trust in charge of your affairs if and when you need them.</p>

how-to-choose-a-power-of-attorney-for-an-elderly-parent

<p>When guiding a parent through the selection of a power of attorney (POA), open communication and respect for a parent's agency are essential. Start by having some candid discussions about their preferences, values, and concerns. In some cases, it may actually make sense to appoint separate individuals for medical, financial, and legal affairs, tailoring each role to the specific skills and values alignment of each person.</p><p>For medical decisions, choosing a family member who will respect the wishes and treatment preferences when it comes to medical care is essential. Financial matters often benefit from the oversight of someone with financial acumen, while legal affairs may be entrusted to an individual with great administrative skills. Ultimately, the goal is to create a comprehensive and well-rounded support system that aligns with the parent's wishes, providing them with peace of mind as they navigate the challenges of aging.</p><h2>How to give someone power of attorney</h2><p>Once you designate a power of attorney and discuss your wishes and preferences, the next step is to make it legal. If they agree, you need to put it in writing, and there are a few different ways to do this.</p><ul><li><strong>Downloading forms:</strong> Although you can download POA templates and even find websites that will help you fill them out, it’s best to have a professional prepare these documents, especially as there is no standard POA form for all 50 states, and each state has very different requirements.</li><li><strong>Find an elder law attorney </strong>that specializes in family law or estate planning: If you can’t afford legal fees, look into whether you qualify for <a href="https://www.lsc.gov/" target="_blank" rel="noopener noreferrer"><u>pro bono legal services</u></a>, or check your state’s bar association to see if any local attorneys provide POA for free or at a discounted rate. An attorney will be able to help you make sure your POA satisfies your state’s requirements and that it reflects your wishes clearly. Make sure that you identify the parties, specify the powers the POA will grant the agent(s), and that the POA states whether it is limited or durable.</li><li><strong>Notarize it, record it, file it</strong>: These steps vary widely from state to state, but many require that POAs be notarized. Filing with the county might be optional, but many estate planners/attorneys recommend a public record of the POA be created. Some states require that POA documents be filed with the local government before they can be considered valid.</li></ul><h2>How much does a power of attorney cost?</h2><p>If you have POA documents prepared online, or print and fill out your own, it might cost as little as the fee to get them notarized (usually around $50). If you hire an attorney to prepare your POA, their services can cost several hundred dollars. Ask attorneys whether they charge a flat fee for POA or by the hour, and remember that their legal expertise is almost certainly worth the investment.</p><p>Attorneys also often offer a POA document along with other estate planning documents, such as a health care power of attorney and Last Will and Testament, as part of an estate planning package.&nbsp; It may be worth inquiring about this type of package, so you can get all of your estate planning documents prepared at a more reasonable rate.&nbsp;&nbsp;</p>

risks-of-naming-a-power-of-attorney

<figure class="image image-style-align-center"><img src="https://seniorly.s3.us-west-1.amazonaws.com/uploads/afc01a9e4a615959ef13a5f46a1a1e25/pexels-marcus-aurelius-6787953.jpg"></figure><p>While giving POA to someone can give them a lot of power over your finances, property, and medical decisions, there are some hard limits that apply to every type of power of attorney, in almost every state.</p><p>Power of attorney does not allow the agent to contract marriages (though a few states do allow this), they cannot make, amend, or revoke a will, and they cannot vote in proxy (although they can request a ballot on your parent's behalf). Additionally, power of attorney does not give the agent the ability to make housing decisions, so they cannot force a loved one to move into assisted living, for example.</p><p>Unfortunately, there are cases where agents use their power of attorney as a license to steal, and deal themselves money from the principal. One way to protect against this is requiring that the agent document all their actions with a third party, like an accountant or attorney. The best protection against this theft, however, is to choose someone trustworthy, even if that means passing over adult children or other close family members.</p><h2>Risks of being power of attorney</h2><p>Being a power of attorney agent for someone can be an intimidating prospect: it means someone is putting an immense amount of trust onto your shoulders and, potentially, a lot of work, some of which can be emotional. There are also some real risks to being POA for someone else.&nbsp;</p><ul><li><strong>Accidentally making yourself liable for decisions/transactions: </strong>In trying to manage your loved one’s healthcare or financial matters you might encounter demands from banks or other institutions, like the example in <a href="https://wealthpilgrim.com/power-of-attorney-liability/" target="_blank" rel="noopener noreferrer"><u>this piece</u></a> where the bank demanded a daughter cosign her father’s loan before giving her access to the account. This is illegal and could have left her as cosigner on the mortgage indefinitely had she not pushed back.</li><li><strong>Mismanaging their financial affairs:</strong> Despite your best intentions, it's possible to make poor decisions on behalf of your loved one. Depending on the type of POA you’ve signed you might be capable of selling property at a loss, or mismanaging funds, and creating the impression of theft or embezzlement in the family business. Be sure that you fully understand the responsibilities laid out by the POA documents and if in doubt, ask for help. Financial and legal experts are worth the expense if they protect both you and your loved one from potential consequences.</li><li><strong>Unintentionally violating the terms of the POA: </strong>Even if you’re acting at the request of your loved one, you might unintentionally violate the terms of the POA. Make sure you’re both familiar with the rules and limitations of the POA, and take extra care that you understand them fully. Your loved one might ask you to take actions that you can’t perform, especially if they’re having memory issues or are otherwise cognitively impaired.</li></ul><h2>How to encourage elderly parents to create a POA</h2><p>Sometimes older adults are resistant to the idea of handing control of medical affairs over to adult children. This trepidation is understandable, but it’s important to help them understand why having a power of attorney document is important.</p><p>If you’re parents are married, point out to them that POA documents only apply to individuals, not couples: if they were both incapacitated you would need a durable POA for each of them in order to act on their behalves. If your parent is single and does not have a POA in place, it’s possible that no one, including you, will have the ability to access the accounts that could help pay for medical bills, or manage their taxes.</p><p>Warn your parent that if they are ever incapacitated without a power of attorney document in place, you might have to go to court in an effort to be named a conservator or guardian. This process is costly and can take valuable time (it can also be more difficult to reverse).</p><p>Reassure your parent that you want them to choose the POA agent they will trust the most, and that you won’t be upset if that isn’t you. Also, consider joining your parent in setting up your own POA: this might help reassure them about the process. Finally, consult experienced professionals together in order to answer all their questions and show them that power of attorney documents can be customized to suit their needs and desires.&nbsp;</p>

power-of-attorney-faqs

<p>Power of attorney gives another person the power to make decisions and take action on your behalf while advance directives provide a clear understanding of your healthcare wishes. A living will informs medical professionals and your family what treatments you do and do not want, in case you are unable to tell them yourself. Advance directives are sometimes called healthcare directives: you'll find that the terminology for these and living wills varies from state to state.</p>

What are advance directives/living wills and how are they different from POA?

<p>As power of attorney, you are generally responsible for seeing that bills are paid, but you are not obligated to pay them out of your own pocket. If you have to sign forms, ensure that it is clear you are signing on behalf of the principal and not as guarantor.</p>

As power of attorney, are you responsible for debts?

<p>No. If your parent has been diagnosed with dementia or Alzheimer’s, or is otherwise cognitively impaired, it is too late to have them sign power of attorney documents; they legally cannot sign. Instead, pursue guardianship or conservatorship.</p>

Can you get power of attorney if your parent has dementia?

seniorly-moving-guide.jpg

Learn about different senior living options, common terms, and more so that you can make the best decisions for yourself or your loved ones.

Senior Living Guides

Power of Attorney is a critical piece of every aging plan. Working together, adults and their elderly parents can ensure that legal, financial and medical matters are handled the right way.

Power of Attorney for Elderly Parents

<p>It is an unfortunate fact that, more than any other demographic, older adults are the target of financial scams. And while we don't want to be the bearer of bad news, it appears as through scams targeting seniors are on the rise: in 2021, losses from fraud against the elderly increased by 71%&nbsp;compared to 2020, according to the Federal Trade Commission. And the trend appears to have continued into 2022: the <a href="https://www.aarp.org/money/scams-fraud/info-2023/ftc-consumer-losses.html" target="_blank" rel="noopener noreferrer"><u>AARP reports</u></a> that overall consumer losses from financial scams in 2022 increased by 30% over the prior year. While that's devastating news for anyone's bank account, fraud can be particularly devastating for the elderly.</p><p>&nbsp;So now, more than ever, we need to focus on fraud prevention and education of older adults. By and large, retirees have more savings at their disposal than other groups, making them particularly attractive to scammers. They also have more age-associated memory or cognitive troubles, which often means they will be much more susceptible to fraud. In addition, many elders may not realize how to report scams, or may be hesitant to report fraud out of fear their family will think they can no longer handle their own affairs.</p><p>This is why it is important to be aware of the most common elder scams. By being informed, you can better protect yourself and your family from fraud. Watch out for the following scams:</p><h3><strong>Impostor scams</strong></h3><p>We'll start with the category of financial scams that saw the highest increase in 2022. Impostor scams, also called investment scams, were responsible for a loss of over $3.8 billion in 2022. That's double the losses from the same category in 2021. In this model, a criminal will pose as someone else; a Medicare or Medicaid office representative, an employee of a utility company, a bank representative, or someone calling from a government agency. No matter what the guise, the cover is usually represented as an official of an entity with whom we already have a relationship.</p><h3><strong>Telemarketing and phone scams</strong></h3><p>This is one of the most common ways scammers defraud the elderly. They might pose as a salesperson pushing an enticing new product or as a charity soliciting urgent donations. This scam takes advantage of the anonymity of a phone call and the victim’s susceptibility to a confusing —&nbsp; and time sensitive — offer. Since this type of fraud usually has no paper trail and does not take place in person, it can be very difficult for authorities to trace.</p><h3><strong>Lottery scams</strong></h3><p>This type of scam tricks its victims into believing that they have won a large cash prize or some other offer, such as a vacation or car. To claim their prize, however, the scammer will tell them that they need to make a payment first. In some cases, the scammer may even send their victim a fake check, then try to collect fees for “processing payments” or “taxes.”</p><h3><strong>Health insurance or Medicare scams</strong></h3><p>Seniors are often very concerned about their health, and these types of scams takes advantage of that. For instance, in a “rolling lab” scam, unnecessary and sometimes even fake tests are administered, then billed to the victim’s insurance company. Victims may even be charged for later for equipment they were told was free, or for services they never received.</p><p>Since most people over the age of 65 automatically qualify for Medicare, it can be easy for scammers to obtain their personal information, then use that to perpetrate a scheme similar to those described above.</p><h3><strong>Counterfeit prescription drug scams</strong></h3><p>Prescription drugs can often be a very expensive necessity for seniors with health ailments. Due to the rise of online markets for prescriptions drugs, these types of scams have&nbsp;become increasingly common in recent years due to the rise of online markets for prescription drugs. It is dangerous not only because it can rob its victims of money, but also because it can place their health in danger by giving them ineffective, or even unsafe, substances.</p><h3><strong>Internet fraud</strong></h3><p>Although the Internet has become an increasingly ubiquitous presence in our daily lives, many elderly individual are still learning how to use it. This lack of knowledge can make them easy targets for a variety Internet fraud tactics. For example, phishing scams can steal their credit card information, fake anti-virus software and “ransomware” can hijack their computers, and untrustworthy websites may take their cash without delivering what they ordered.</p><h3><strong>Funeral scams</strong></h3><p>The death of a loved one is very difficult time, and it is easy to be distracted by grief. &nbsp;Since funerals can be expensive and most people are unaware of all the associated costs, they may not realize they are being scammed.&nbsp;Disreputable funeral homes may overcharge customers or bill them for unnecessary services, such as insisting that a casket is required for a direct cremation. They may also try to add additional cancellation or transportation fees that are against the law.</p><h3><strong>Reverse-mortgage scams</strong></h3><p>Reverse mortgages scams have become popular in recent years. Under a reverse mortgage, a lender pays the homeowner in return for equity in property they own. since&nbsp;seniors &nbsp;often own property, they are the target of many reverse-mortgage scams. Posing as professional brokers or real estate investors, scammers offer seniors a free house or cash in exchange for equity from their property. In some cases, the scammer may also try to use a senior &nbsp;as a straw buyer when illegally flipping a property.</p><h3><strong>Fraudulent anti-aging products</strong></h3><p>Similar to prescription drug scams, fraudulent anti-aging and beauty products often promise extremely low prices and results that are too good to be true. Elders concerned with their appearance need to be wary of anyone peddling treatments or medications with unrealistic claims. Although they sound appealing, these products may not work, and can even come with unwanted side effects.</p><h3><strong>Romance Scams</strong></h3><p>Criminals prey on the lonely elderly on-line posing as interested romantic partners on dating websites.&nbsp; While some of the other scams on this list are quick, romance scams occur over a longer period.&nbsp; The criminal will develop a relationship with the victim so that the victim starts to trust them.&nbsp; Then they will start asking the victim to send money, personal information, or even for bank account information. It may start as seemingly innocent questions or nominal amounts of money.&nbsp; But as it progresses, victims are likely to send larger amounts of money and/or disclose sensitive personal information.&nbsp; The criminal will gain access to a victim’s accounts or credit cards and then disappear.</p><h3><strong>The grandparent scam</strong></h3><p>In this scam, a victim gets a call from someone claiming to be their grandchild. In order to assume this identity, they will ask an open-ended question, such as “Do you know who this is?” If the grandparent answers with the name of one of their grandchildren, the scammer will assume that identity and ask for financial assistance; a simple request for money to pay for some urgent expense, such as rent or a mortgage. Similar to romance scams, this simple and surprisingly effective form of fraud preys on relationships.</p><h3><strong>Tech support scams</strong></h3><p>In this scam, criminals pose as technology support on-line to gain remote access to the victim’s devices. Once they obtain entrance into the devices, they gain access to sensitive and personal information. Tech support scams can lead to not only financial losses, but identity theft as well.</p><h3><strong>Family/caregiver scam</strong></h3><p>Unfortunately, with this type of scam, it can be a relative, family friend or hired caregiver that tries to take advantage of seniors.&nbsp; Under the guise of helping the senior care for themselves and/or help them manage their financial affairs, an individual gains access to the seniors home to financially exploit them.&nbsp; There are a few ways a scam like this could go. For example:&nbsp; the individual could coerce or influence the senior to change the beneficiaries of insurance policies, Will or trusts; convince the senior to turn over control of their finances to the individual or add their name to the senior’s accounts; or the individual could simply steal money or property from the senior.&nbsp;</p><p>It’s important for you to only let someone you trust into your home to help you with your care and finances.&nbsp; And family members should always be aware of what is going on in their parent or loved one’s home to help make sure they are not being financially exploited or abused.&nbsp;</p><h3>How to report a crime against the elderly</h3><p>In order to stop fraud, it is not only important to become aware of how it is committed, but also to report it. While it can unfortunately be difficult to reclaim any money lost in a scam, you can still help catch the person or group of people that took advantage of you.&nbsp;</p><p>Organizations such as the <a href="http://www.bbb.org/scam-stopper" target="_blank" rel="noopener noreferrer"><u>Better Business Bureau</u></a> and the <a href="http://www.consumer.gov/" target="_blank" rel="noopener noreferrer"><u>Federal Trade Commission</u></a> are good places to call, as are credit reporting agencies like <a href="http://www.experian.com/" target="_blank" rel="noopener noreferrer"><u>Experian</u></a> and <a href="http://www.equifax.com/" target="_blank" rel="noopener noreferrer"><u>Equifax</u></a>. The <a href="http://www.aarp.org/aarp-foundation/our-work/income/elderwatch/report-fraud/" target="_blank" rel="noopener noreferrer"><u>AARP</u></a> has a comprehensive list of agencies to contact when you have become a victim of fraud.</p>

Ready to start your search?

people.jpg

The last few years have seen an unprecedented rise in the complexity and ingenuity of scams perpetuated on the elderly. Seniorly's got a list of the most common types of scams and how to  protect yourself against them.

13 Elder Scams to Avoid

<p>Navigating the world of assisted living can be a complicated and overwhelming process, particularly when it comes to understanding state regulations and licensing reports. These documents and laws are critical to ensuring the safety and wellbeing of our seniors. However, their complex and technical language often makes them difficult for laypeople to understand and interpret.</p><p>This article will delve into the role these professionals play in helping families understand the state regulations for assisted living and how to navigate the often daunting landscape of licensure reports.</p><h2><strong>Why are assisted living facilities regulated?</strong></h2><p>Assisted living facilities are regulated by each state to promote a high standard of care and safety for the residents who call these facilities their home. Since the needs and requirements of senior citizens vary greatly, it's essential that these are addressed adequately in the place where they live. These regulations are designed to safeguard the rights of the elderly and ensure their health, dignity, and wellness are preserved. Additionally, since healthcare systems and local laws differ across states, the responsibility of regulating any assisted living community is decentralized. State-level regulation allows these facilities to adapt and operate best within the local context, thereby providing a more tailored approach to meeting the residents' needs and enhancing their quality of life.</p><p>Currently, there are no federal regulations specifically for assisted living communities. However, if a facility participates in federal programs such as Medicare or Medicaid, then they must comply with the regulations and standards established by these programs. It's also important to note that while there's no federal oversight specific to assisted living communities, these facilities are still subject to federal laws concerning housing, labor, and anti-discrimination.</p><h2>What aspects of assisted living are regulated?</h2><p>The most common elements of assisted living facilities that are regulated include:</p><ul><li><strong>Physical environment standards:</strong> Regulations ensure compliance with building codes and that facilities maintain safety features, provide adequate and comfortable room sizes, and ensure cleanliness.</li><li><strong>Healthcare services</strong>: Regulations oversee areas such as medication management, handling medical emergencies, and daily healthcare assistance provided to residents.</li><li><strong>Staffing requirements</strong>: These involve guidelines on hiring qualified staff, maintaining approved staff-to-resident ratios, and offering necessary staff training. Misconduct guidelines are also in place.</li><li><strong>Residents' rights protection</strong>: Regulations ensure the dignity, privacy, and financial protection of residents. They uphold freedom for community participation and ensure residents' legal rights, including fair contract agreements, grievance procedures, and end-of-life care arrangements.</li></ul><h2><strong>How is an assisted living facility regulated?</strong></h2><p>The process of regulating assisted living facilities is comprehensive and multi-layered, but most states include regulations on the following:</p><ul><li><strong>Demonstrating compliance:</strong> Assisted living facilities must prove that they adhere to the regulations established by each state regulatory body. This usually includes an exhaustive licensing or certification process.</li><li><strong>Participating in regular inspections</strong>: Assisted living communities must cooperate with mandatory inspections or auditing of records (which could be periodic or random) to consistently validate their compliance. Typically, states require most agencies to do periodic evaluations (at least once every five years) to make sure that the residential care facilities meet the requirements and federal rules set in place to ensure the safety of the senior living residents.</li><li><strong>Proving staff qualifications:</strong> Assisted living communities must provide evidence that their staff meets the prescribed qualifications and training requirements.</li><li><strong>Upholding resident rights and care standards</strong>: Providers must show that they uphold residents' rights, provide standard care, and adhere to their outlined healthcare provisions.</li><li><strong>Implementing corrective measures</strong>: In cases where facilities are found to be non-compliant, they are required to promptly implement any correction measures enforced by the regulatory bodies.</li></ul><h2>Licensing reports: a valuable tool for understanding quality of care</h2><p>Licensing reports can serve as valuable resources for consumers when evaluating an assisted living facility. These reports provide detailed insights into a facility's compliance with state guidelines and regulations, including safety standards, staff qualifications, and the quality of care provided. They also detail any violations found during inspections and whether corrective actions were taken, providing a historical overview of a facility's quality and standard of care over time. These reports can help identify potential problem areas, such as recurring incidences of violations or non-compliance. Thoroughly reviewing licensing reports enables consumers to make informed decisions based on the facility's track record, ability to correct past misconduct, and its diligence in maintaining compliance with established standards. In essence, these regulations serve as a reassurance of quality and accountability across assisted living services at a community.</p><h2>How to find licensing reports for an assisted living facility</h2><p>Finding a licensing report for a specific assisted living facility may vary by state, but in general, you can follow these steps:</p><ul><li><strong>Identify the Regulatory Body</strong>: Find out which state agency is responsible for regulating assisted living facilities in your state. This could be the Department of Health, Department of Social Services, or another health agency.</li><li><strong>Visit the Agency's Website</strong>: Most regulatory agencies have their websites where they post updated licensing information about regulated facilities.</li><li><strong>Search the Facility:</strong> Look for a search option on the website, usually termed as 'facility search', 'facility locator', or 'licensee look-up' and enter the name of the assisted living community you are researching.</li><li><strong>Access the Report:</strong> Upon locating the facility in question, there should be an option to view the licensing or compliance reports for that facility.</li><li><strong>Requesting Information: </strong>In some cases, you might need to file a public records request or contact the agency directly to obtain a copy of the licensing report.</li><li><strong>Review the Report: </strong>Once obtained, carefully review the licensing report, noting any violations, their severity, and any corrective actions taken.</li></ul><p>Seniorly has prepared a list of links to each state agency at the end of this article, explaining what you need to know about continuing care retirement communities and more.</p><h3>Licensing reports: what's in a public file?</h3><p>As consumers or prospective residents, you have the right to view the public file upon request. Items you should expect to see in the public file include:</p><ul><li>The most recent inspection report</li><li>Any complaints a facility has received within the last two to three years</li><li>The facility’s Plan of Operation</li><li>The waiver application and/or approval for hospice care (state by state)</li><li>Any Advisory Notes regarding the facility.</li><li>Complaints may be filed by anyone — a resident, a resident’s family member or friend, or by a staff member.</li></ul><p>When reviewing a public file, be particularly aware of any complaints that allege abuse of patients or those that suggest any violations of <a href="https://www.seniorly.com/resource-center/senior-living-guides/what-are-assisted-living-residents-rights" target="_blank" rel="noopener noreferrer"><u>resident rights</u></a>.</p><p>Check to see if there is a pattern of any one of the more similar complaints.</p><h2>How to decode an assisted living licensing report</h2><p>When examining licensing reports, users should remember:</p><ul><li><strong>Context is key</strong>: If violations are listed, the nature and severity of these violations are critical, as well as how recent they were and if they were appropriately addressed. The presence of a single complaint or violation should not be the deciding factor in your evaluation; what's more important is to understand larger trends and patterns and to see how the community responded to each complaint.</li><li><strong>Regular Inspection Date</strong>s: Check the dates of regular inspections. More recent reports reflect the current state of the facility.</li><li><strong>Look for Patterns</strong>: Recurring violations, particularly of the same nature, may indicate ongoing issues that the facility struggles to address.</li><li><strong>Corroborate Informatio</strong>n: Use licensing reports in conjunction with reviews and referrals for comprehensive evaluation of a facility. Personal visits and resident interviews can provide further insights.</li><li><strong>Seek Professional Advice</strong>: If you find the report difficult to understand, get help from a geriatric care manager or healthcare professional for better comprehension.</li><li><strong>Licensing is the Minimum</strong>: Remember, meeting licensing regulations simply implies that the facility meets the basic minimum standards. The goal is to find a facility that not just meets, but exceeds these standards.</li></ul><h2><strong>How to compare ratings for nursing homes or skilled nursing facilities</strong></h2><p>If you’re interested in a “web-based report card” of nursing homes, the Centers for Medicare and Medicaid Services (CMS) have created a&nbsp;<a href="https://www.medicare.gov/nursinghomecompare/search.html" target="_blank" rel="noopener noreferrer"><u> Nursing Home Compare</u></a> tool that provides a star rating for nursing homes across the country.</p><p>This report card is rated on a five-star level that assesses the quality of care and facility for any CMS-certified nursing home.</p><h3>Understanding the criteria</h3><p>The CMS and Medicare provide contact information for each facility as well as a star rating for the following criteria:</p><ul><li>Overall rating of the facility</li><li>Recent health inspections</li><li>Staffing hours for medical staff</li><li>Quality measures and level of care&nbsp;</li></ul><p>While this doesn’t provide specific complaints and inspection reports (that can be found on the state level), the Nursing Home Compare provides a quick look and comparison of residential nursing homes across the country.</p><h3>What else should you look at?</h3><p>You'll also want to look at the details concerning supportive services, medical care, health care, private pay, personalized assistance, living arrangements, memory care, and other different services and rules and regulations.</p><p>It will also help to see if the facility is Medicaid certified, as well as understand what state laws and in place to ensure compliance.</p><figure class="table"><table><tbody><tr><td><a href="https://www.alabamapublichealth.gov/providerstandards/nursing-homes.html" target="_blank" rel="noopener noreferrer">AL Alabama</a></td><td><a href="https://ldh.la.gov/page/2987" target="_blank" rel="noopener noreferrer">LA Louisiana</a></td><td><a href="https://www.nmhealth.org/about/dhi/hflc/" target="_blank" rel="noopener noreferrer">NM New Mexico</a></td></tr><tr><td><a href="https://www.azdhs.gov/licensing/residential-facilities/index.php" target="_blank" rel="noopener noreferrer">AZ Arizona</a></td><td><a href="https://gateway.maine.gov/dhhs-apps/aspen/county_town.asp" target="_blank" rel="noopener noreferrer">ME Maine</a></td><td><a href="https://odh.ohio.gov/know-our-programs/residential-care-facilities-assisted-living/residentialcarefacilitiesassistedliving" target="_blank" rel="noopener noreferrer">OH Ohio</a></td></tr><tr><td><a href="https://humanservices.arkansas.gov/divisions-shared-services/provider-services-quality-assurance/office-of-long-term-care/" target="_blank" rel="noopener noreferrer">AR Arkansas</a></td><td><a href="https://health.maryland.gov/ohcq/Pages/Programs.aspx" target="_blank" rel="noopener noreferrer">MD Maryland</a></td><td><a href="https://ltclicensing.oregon.gov/Facilities" target="_blank" rel="noopener noreferrer">OR Oregon</a></td></tr><tr><td><a href="https://www.ccld.dss.ca.gov/carefacilitysearch/" target="_blank" rel="noopener noreferrer">CA California</a></td><td><a href="https://www.mass.gov/assisted-living" target="_blank" rel="noopener noreferrer">MA Massachusetts</a></td><td><a href="https://www.health.pa.gov/topics/facilities/nursing%20homes/Pages/Nursing%20Homes.aspx" target="_blank" rel="noopener noreferrer">PA Pennsylvania</a></td></tr><tr><td><a href="https://cdphe.colorado.gov/assisted-living-residences" target="_blank" rel="noopener noreferrer">CO Colorado</a></td><td><a href="https://www.michigan.gov/statelicensesearch/all-alpha/a/assisted-living" target="_blank" rel="noopener noreferrer">MI Michigan</a></td><td><a href="https://health.ri.gov/licenses/detail.php?id=213" target="_blank" rel="noopener noreferrer">RI Rhode Island</a></td></tr><tr><td><a href="https://portal.ct.gov/DPH/Facility-Licensing--Investigations/Facility-Licensing--Investigations-Section-FLIS/Facility-Licensing" target="_blank" rel="noopener noreferrer">CT Connecticut</a></td><td><a href="https://www.health.state.mn.us/facilities/regulation/homecare/consumers/database.html" target="_blank" rel="noopener noreferrer">MN Minnesota</a></td><td><a href="https://scdhec.gov/healthcare-quality/healthcare-facility-licensing/community-residential-care-facilities" target="_blank" rel="noopener noreferrer">SC South Carolina</a></td></tr><tr><td><a href="https://dhss.delaware.gov/dhss/dhcq/licfac.html" target="_blank" rel="noopener noreferrer">DE Delaware</a></td><td><a href="https://msdh.ms.gov/msdhsite/_static/30,0,83,780.html" target="_blank" rel="noopener noreferrer">MS Mississippi</a></td><td><a href="https://doh.sd.gov/healthcare-professionals/health-facility-licensure/facility-types/assisted-living-centers/" target="_blank" rel="noopener noreferrer">SD South Dakota</a></td></tr><tr><td><a href="https://dchealth.dc.gov/service/assisted-living-residences" target="_blank" rel="noopener noreferrer">DC District of Columbia</a></td><td><a href="https://health.mo.gov/seniors/nursinghomes/licensecert.php" target="_blank" rel="noopener noreferrer">MO Missouri</a></td><td><a href="https://www.tn.gov/health/health-professionals/hcf-main/licensure/for-individuals.html" target="_blank" rel="noopener noreferrer">TN Tennessee</a></td></tr><tr><td><a href="https://ahca.myflorida.com/mchq/health_facility_regulation/assisted_living/alf.shtml" target="_blank" rel="noopener noreferrer">FL Florida</a></td><td><a href="https://dphhs.mt.gov/qad/licensure/HealthCareFacilityLicensure/lbfacilityapplications/index1" target="_blank" rel="noopener noreferrer">MT Montana</a></td><td><a href="https://www.hhs.texas.gov/providers/long-term-care-providers/assisted-living-facilities-alf" target="_blank" rel="noopener noreferrer">TX Texas</a></td></tr><tr><td><a href="https://forms.dch.georgia.gov/HFRD/" target="_blank" rel="noopener noreferrer">GA Georgia</a></td><td><a href="https://dhhs.ne.gov/licensure/Pages/Assisted-Living-Facilities.aspx" target="_blank" rel="noopener noreferrer">NE Nebraska</a></td><td><a href="https://health.utah.gov/hflcra/" target="_blank" rel="noopener noreferrer">UT Utah</a></td></tr><tr><td><a href="https://health.hawaii.gov/ohca/inspection-reports/" target="_blank" rel="noopener noreferrer">HI Hawaii</a></td><td><a href="https://www.dhhs.nh.gov/doing-business-dhhs/licensing-certification/health-facilities-administration" target="_blank" rel="noopener noreferrer">NH New Hampshire</a></td><td><a href="https://www.dss.virginia.gov/facility/alf.cgi" target="_blank" rel="noopener noreferrer">VA Virginia</a></td></tr><tr><td><a href="https://healthandwelfare.idaho.gov/providers/residential-assisted-living/licensing" target="_blank" rel="noopener noreferrer">ID Idaho</a></td><td><a href="https://healthapps.state.nj.us/facilities/fssearch.aspx" target="_blank" rel="noopener noreferrer">NJ New Jersey</a></td><td><a href="https://dlp.vermont.gov/survey-cert/facility-regs" target="_blank" rel="noopener noreferrer">VT Vermont</a></td></tr><tr><td><a href="https://dph.illinois.gov/topics-services/health-care-regulation/assisted-living.html" target="_blank" rel="noopener noreferrer">IL Illinois</a></td><td><a href="https://aspe.hhs.gov/system/files/pdf/110556/15alcom-NM.pdf">NM New Mexico</a></td><td><a href="https://www.dshs.wa.gov/altsa/residential-care-services/about-assisted-living-facilities" target="_blank" rel="noopener noreferrer">WA Washington</a></td></tr><tr><td><a href="https://www.in.gov/health/long-term-carenursing-homes/consumer-information/" target="_blank" rel="noopener noreferrer">IN Indiana</a></td><td><a href="https://www.health.ny.gov/facilities/adult_care/" target="_blank" rel="noopener noreferrer">NY New York</a></td><td><a href="https://www.dhs.wisconsin.gov/guide/assisted-living.htm" target="_blank" rel="noopener noreferrer">WI Wisconsin</a></td></tr><tr><td><a href="https://dia.iowa.gov/health-facilities/reports" target="_blank" rel="noopener noreferrer">IA Iowa</a></td><td><a href="https://info.ncdhhs.gov/dhsr/acls/star/search.asp" target="_blank" rel="noopener noreferrer">NC North Carolina</a></td><td><a href="https://ohflac.wvdhhr.org/Programs/AL.html" target="_blank" rel="noopener noreferrer">WV West Virginia</a></td></tr><tr><td><a href="https://kdads.ks.gov/kdads-commissions/survey-certification-and-credentialing-commission/publications-and-reports" target="_blank" rel="noopener noreferrer">KS Kansas</a></td><td><a href="https://www.health.nd.gov/regulation-licensure/food-and-lodging/assisted-living" target="_blank" rel="noopener noreferrer">ND North Dakota</a></td><td><a href="https://health.wyo.gov/aging/hls/facility-types/assisted-living-facility-wyoming-licensure-information/" target="_blank" rel="noopener noreferrer">WY Wyoming</a></td></tr><tr><td><a href="https://chfs.ky.gov/agencies/os/oig/dhc/Pages/ltcinspections.aspx" target="_blank" rel="noopener noreferrer">KY Kentucky</a></td><td>&nbsp;</td><td>&nbsp;</td></tr></tbody></table></figure><p>Understanding state regulations and interpreting licensing reports for assisted living doesn't have to be a daunting task. With the guidance of senior living advisors or geriatric care managers, families and seniors can make informed decisions about choosing the right living facility. Remember, these experts are there to advocate for you and ensure the highest level of well-being and care for your loved one as they embark on this new chapter in their lives.</p>

assisted-living-regulations.jpg

Learn about state regulations for assisted living from Seniorly. With links to assisted living regulations for every state, we'll help decode the complex world of state licensing.  

 State Regulations for Assisted Living

<h2><strong>Assisted Living Resident Rights&nbsp;</strong></h2><p>No matter what type of<a href="https://www.seniorly.com/assisted-living"> senior housing community</a> you or a loved one is a part of, individuals who reside in assisted living facilities are entitled to certain rights within that community.</p><p>That’s good news, because families deserve to know that their loved ones are being cared for properly no matter where they decide to go as they age. That’s why it’s more important than ever to know and understand the laws designed to protect a resident in a senior living community (most types of senior living communities fall under the the category of assisted living, where residents only need a little help with daily living).</p><p>There are national standards for senior living communities and most states have guidelines as well. To see what your state covers, click on the link at the bottom of the following section.</p><h2>A few basic laws which protect residents in an assisted living facility include:</h2><ul><li>A resident cannot be discriminated against based on their race, color, religion, national origin, gender, familial status, disability, marital status, sexual orientation, or gender identity. These are known as the “protected classes". Discrimination can include, but is not limited to, segregating residents or treating residents differently because of their membership in a protected class.&nbsp;</li><li>Staff need to base their behavior toward applicants and residents on facts, not assumptions.</li><li>Communities that require applicants or residents to be “capable of independent living” as a condition of residency may be in violation of fair housing law. Such requirements discriminate against people with disabilities.</li><li>Providers must consider any reasonable request for accommodation by a resident with a disability. An example of an accommodation is a therapy assistance animal.&nbsp;&nbsp;</li><li>It is illegal for any staff member to harass, intimidate, threaten, abuse or neglect a resident.</li><li>If a resident is harassed by another resident, the provider has a legal obligation to investigate and resolve the problem.</li></ul><p>Some examples of other resident rights you can expect to have include:&nbsp;</p><ul><li>Right to privacy and confidentiality.</li><li>Right to receive visitors.</li><li>Right to leave and return home.</li><li>Right to complain or present grievances.</li><li>Right to choose health care providers.</li><li>Right to receive adequate and appropriate assistance with activities of daily living.</li><li>Right to be fully informed of your medical condition and participate in any proposed treatment plan.</li><li>Right to manage financial affairs.</li><li>Right to send and receive mail.</li><li>Right to proper notification of rate increases and/or requests to move out of the facility.</li><li>You can also look up<a href="https://www.seniorly.com/resources/assisted-living/assisted-living-regulations"> violations in assisted living communities with this state-by-state list of websites</a>.</li></ul><h2><strong>Ask Questions When Considering a Community</strong></h2><p>&nbsp;Before moving into a facility, you should ask for and review a copy of the facility’s resident rights and responsibilities.&nbsp; &nbsp;Many senior living communities also have resident or family councils. These councils are an important part of a community because they provide a place for residents to voice concerns and make sure care and life in the community is the best it can possibly be.</p><p>Ask any community you’re interested in joining if they have a council. Or, if you or a loved one is in a community that does not have one, consider starting one. A council can be a good place to establish rules, practices, and values that the community agrees upon.</p><h2>If You Are Concerned about a Violation of Rights</h2><p>If you have concerns that that the rights of you or a loved one are being violated, it's important to start with open communication. Ask for a meeting with the community administrators or leadership team and clearly document your concerns in writing. Communicate with your resident or family council as well to ensure that all parties are informed. &nbsp;</p>

Read more about assisted living to learn what to expect, how much it costs, and more:

What is Assisted Living?

Find assisted living communities near you

assited-living-residents-rights.jpg

Learn more about assisted living residents' rights. Seniorly explains what you need to know so that you can ensure your loved one is well-cared for.

What are Assisted Living Residents' Rights?

<p>Residential Care Facilities for the Elderly (RCFEs) include <a href="https://www.seniorly.com/senior-living" target="_blank" rel="noopener noreferrer">assisted living</a> or<a href="https://www.seniorly.com/resources/articles/understanding-board-and-care-homes"> board and care homes</a>. These senior communities provide help with activities of daily living such as dressing and bathing, but do not provide skilled medical care (as a skilled nursing facility would, for example).</p><p>In California, RCFEs are licensed and monitored by the <a href="https://www.cdss.ca.gov/inforesources/adult-care-licensing/resources-for-residents-and-families" target="_blank" rel="noopener noreferrer">California Department of Social Service</a>s. This means that senior housing staff are required to maintain specific documentation related to all residents. You will be asked to complete some of these RCFE forms before you move into one of these senior communities.</p><p>Here is an overview of these required RCFE forms. Some senior communities may have other documentation they will want you to complete as well.</p><h2><strong>Identification and Emergency Information</strong></h2><p>This includes basic information about you as well as contact information for family and others who help you with finances or should be contacted in an emergency.</p><h2><strong>Physician’s Report</strong></h2><p>This form is completed by your doctor and provides basic medical information. Because RCFEs do not provide skilled nursing care, this form is required to determine whether the facility is appropriate for you. You, or your legal representative, will need to sign to give your doctor permission to provide the information requested.</p><h2><strong>Resident Appraisal</strong></h2><p>You, or someone you authorize, will need to complete this form. Like the Physician’s Report, this form provides information about your health, but from your perspective, rather than your doctor’s. It also asks you to share information about your interests and activities, what you like and don’t like, the type of help you think you need, and any other information that will help the staff determine if the community is appropriate for you.</p><h2><strong>Release of Resident Medical Information</strong></h2><p>You, or someone you authorize, will need to complete and sign this form for each relevant medical professional who may have information to share with the senior community.</p><h2><strong>Personal rights</strong></h2><p>This RCFE form outlines your rights as a resident in the senior community. Staff at the community are required to review these rights with you, answer any questions you may have, and let you know who you should contact if you have any complaints or feel your rights have been violated. You, or someone you authorize, will need to sign this form to indicate that you have been told about and received a written copy of your personal rights.</p><h2><strong>Resident Personal Property and Valuables</strong></h2><p>Senior housing facilities are responsible for keeping any personal property or valuables you bring with you safe. This form is a list of these items. You, or someone you authorize, will be asked to sign next to each item listed and you will be given a copy. The list will be updated as needed when you get rid of or add items.</p><h2><strong>Appraisal of Needs and Services Plan</strong></h2><p>Senior communities are required to work with you and anyone else you wish to identify your needs and develop a plan to meet those needs. This is a detailed plan that covers social, emotional, mental, health, and functional skills. For each need, it includes the time frame for addressing the need, who will be responsible for helping you with that need, and how they will evaluate progress. You, or someone you authorize, will need to sign the form once the assessment and plan are completed.</p><h2><strong>Consent for Emergency Medical Treatment</strong></h2><p>You, or someone you authorize, will be asked to complete this RCFE form to give permission to the senior community to provide emergency medical treatment if needed.</p><h2><strong>Telecommunications Device Notification</strong></h2><p>Senior communities are required to provide you with equipment or services you may need to use the telephone if you are deaf or have a hearing impairment. You, or someone you authorize, will be asked to sign this form to acknowledge that you have been informed of this right and the steps you need to take to get the equipment if needed.</p><p>This may seem overwhelming, but you don’t have to tackle this process alone. In addition to the staff at the senior community, Seniorly is here to help. Our on-staff gerontologist is always available to speak with families about their concerns prior to moving into a community and can provide expert advice regarding the transition process.</p>

forms-required-prior-to-moving-into-rcfes.jpg

The paperwork for moving into a residential care facility for the elderly (RCFE) might seem daunting, but Seniorly is here to make this important step easier. 

Ashley Quiambao

Ashley's articles

What is an Elder Lawyer?

How to Determine the Legal Documents Needed for Your Parent

Power of Attorney for Elderly Parents

13 Elder Scams to Avoid

State Regulations for Assisted Living

What are Assisted Living Residents' Rights?

Forms Required for Moving Into RCFEs

Sign up for our Healthy Aging Handbook

No recommendations