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“Legislators Block Proposed Illinois Nursing Home Medicaid Rules”—that was this morning’s newspaper headline in our state capital.  That headline would not have happened except for major efforts on the part of our legal/political/lobbying team. Here is a little background:  Last year, I needed to take a break from blogging so we could create a team to lobby in defense of the frail and the elderly citizens of Illinois.  We had not planned on taking a one-year-long blogging hiatus—but when the Illinois Department of Healthcare and Family Services (IHFS) proposed its first draft of Medicaid rules changes in May of 2010, we felt the regulations were critically important enough to give it our full attention. And give it our full attention we did!  We created the Task Force for Senior Fairness.  The task force included concerned attorneys from all over the state of Illinois and the Cook County Public Guardians Office.  We have worked alongside the Illinois Chapter of the National Academy of Elder Law Attorneys (NAELA).  With this amazing group of people we have been able to achieve far more than we had initially thought possible, including:
  • Hiring a capable lobbyist to help us communicate an understandable message to our legislators in the House of Representatives and the Senate, as well as the Illinois Department of Healthcare and Family Services (which administers Medicaid).
  • Convincing legislators that while overhauling the Medicaid rules must be done in compliance with new federal law, it would be unfair to make the new Illinois Medicaid rules more harsh than the federal mandate.
  • Creating a website (www.DontHurtGrandma.com) to help deliver information to politicians as well as to public interest groups and the average concerned citizen.
Fighting to make a difference, is important and invigorating work, but in many ways it has been like taking on an additional job! There have been quite a few people who have been integral to our fight for senior fairness, including task force co-chair and renowned elder law attorney Kerry Peck; elder law attorney  (and my own daughter) Diana Law, who served as the task force co-chair and tireless advocate for rights for seniors; senior communications expert Jessica Bannister (a farmer’s daughter who is the webmaster and legislative chair for the Kendall County Republican Women); and our talented and highly regarded democratic lobbyist Michael Bauer.  We hope to feature some of these amazing colleagues in future blog posts, so that our readers can get to know and appreciate them as we do. And of course I can’t send out a post about what’s been going on over the past year without talking a little bit about my family.  Some of my readers know that I have been an avid horseman for many years, which is why I was thrilled to be able to buy my two oldest granddaughters (5½-year-old Lucy and 4½-year-old Daphne) their first riding helmets this winter!  I can’t wait to start riding with both girls this summer, enjoying some grandfather-granddaughter “horseplay.” Feel free to contact me at rick@lawelderlaw.com.  I look forward to catching up with you, keeping you informed, and continuing the conversation here at my blog!
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Law Elder Law attorney, Diana Law, spoke to The State Journal Registerregarding Illinois’ laws on Medicare. When asked what she thought of the state’s current laws protecting seniors’ money, she said, “They’re so draconian and punitive. It’s going to be terrible for seniors and terrible for families.” The State Journal Register went on to report that, “she said the rules would unfairly penalize seniors giving financial assistance to relatives during the economic downturn. The rules could lead to more family tension, and could result in some seniors being involuntarily discharged from nursing homes when they are denied Medicaid coverage despite exhausting their assets, she said.”
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The Street.com, a website committed to reporting on cutting edge financial issues, recently posted an article called “Health Care Insurers Still on Defensive” by Joe Mont. The article’s goal was to ‘take to task’ the recent government health care reform issue. Senior Attorney, Rick L. Law, didn’t pull any punches when asked about the reform.
“It is interesting how the government names things,” says Rick Law, founder of Law Elder Law, an estate and elder law firm in Aurora, Ill. “They give things attractive names, so it is the Affordable Care Act even though it is anything but that. When you think about the layers of administrative mandates and bureaucracies, it can’t possibly be about affordable care. It has other agendas, it only has the name. There is no way it can reduce the cost, so the question becomes was it ever meant to reduce the costs or to make it impossible for the private sector to compete? Is an ulterior motive for some of what is going to layered into the Band-Aids that private insurers will not be affordable so [consumers] will go to the government exchange?”
Later in the article, Mr. Law voiced his concern about the purposed government insurance voucher program:
“The government is saying, ‘don’t worry, we are going to be give you vouchers and you can go out and buy all the insurance you want,'” Law says. “But the public is asking, ‘Who is going to sell us the insurance?’ People are quite distrustful that they are going to be able to buy coverage.”
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After a long hiatus, we’re back to posting regularly on our blog!  We’ve been very busy over the past  year and can’t wait to share what we’ve been doing with our readers; but first, we want to share some important information about an issue that affects many of the clients who come into our office, and something we’d like to help prevent: When dementia hits the pocketbook.  We hope you find this information helpful, and please come back next week to read about the exciting things we’ve been doing in our firm and in the community! The first signs of Alzheimer’s or dementia are not always easy to see.  Families may go months or more before they realize that a loved one is forgetting a few too many things or confused about more than just the new DVD player.  One of the first signs of Alzheimer’s or dementia is also one of the most dangerous—a growing inability to understand and handle financial matters.  Elder care lawyers often hear stories that reveal that one of the first signs of dementia is an inability to understand money, personal finances, and contracts.  Client families need to take steps to protect the family finances when a loved one grows vulnerable to financial manipulation.  There is no legal standard for ‘vulnerability,’ but vulnerable individuals are easy prey for scam artists and just plain poor financial decision-making.  One novel idea used by a family to stop the loss of thousands of dollars being spent by a loved one to obtain supposed lottery “winnings” was to limit the affected person’s checking account balance.  In addition, family members actively created a lottery game to distract and amuse their loved one.  It worked! If family members live far away, some of the first people likely to notice these telltale signs of dementia are the senior’s own advisors—doctor, lawyer, or financial planner.  Unfortunately, these advisors often don’t always have the ability to take action.  Both doctors and lawyers, for example, are bound by patient or client privilege; even if they want to inform the family of their suspicions, they may not be able to.  Recent changes to Illinois State Bar Association Code of Ethics do allow an attorney to take action to protect a client when there is a reasonable belief that the client has become incapacitated and is in danger.  The American Medical Association also is not insensible to this issue, and has guidelines for dealing with patients who show signs of incapacity.  Unfortunately, doctors are under pressure to spend minimal amounts of time with patients.  Many people are able to ‘fake it’ during a short interview by doctors, lawyers, and financial advisors.  It is extremely important that the healthy spouse and/or responsible adult child get actively involved in pointing out to professionals any abnormal acts of vulnerability.  This may mean doing something that feels very uncomfortable, but is absolutely critical to get the protection needed.  No one will ever know what the family is seeing and experiencing at home unless you tell the story to your trusted advisors and friends.  It is dangerous to keep your fears a secret.  Almost everyone has a loved one who has been or will be affected by the progressive loss of decision-making capacity. What can families do to recognize the signs of dementia and prevent the financial fallout that often results?  First of all, it should be a topic of family conversation early and often, long before Mom or Dad is at risk.  Talk about the possibility and how it should be handled.  Geriatric care managers and elder care lawyers welcome input from the entire family of their clients.  Familiarity with the entire family gives more options if signs of dementia do start to appear, and an atmosphere of open communication can go a long way toward preventing suspicion and family fights later on.  Attorneys need to know who among the family the client believes are their ‘honest and reliable adult children’ who may be able to safeguard family finances and provide ongoing care and attention to the situation.  Care managers will recommend how best to combine family resources with professional services.  Experienced elder care attorneys and care managers can help the family to plan for future financial and health care needs.  Most families underestimate both the financial impact, emotional burden, and care needs that will be required due to the dementia of a beloved member of the family. Once a family has discussed options for the future and who might be the best person to take control of Mom or Dad’s finances in the event that they are unable, then an elder care attorney can assist them with the development of appropriate legal documents and Power of Attorney for financial decision-making.  These documents give a nominated agent the power to make financial decisions for the affected loved one.  The time to work on these plans is while the forgetful one still has sufficient capacity to make a Will, Trust, Power of Attorney for Health Care, Power of Attorney for Property, and any other estate protection plans.  Lawyers trained in this area of planning work to make sure that the healthy spouse is not excessively impoverished by long term care expenses. The onset of Alzheimer’s or dementia affects the entire family, and should be discussed as an entire family.
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