Caregiving Contracts

Many people are willing to voluntarily care for a parent or loved one without any promise of compensation. Even so, a growing number of people are entering into caregiver contracts (also called personal service or personal care agreements) with their family members. Having such a contract has many benefits. It rewards the family member doing the work. It can help alleviate tension between family members by making sure the work is fairly compensated. In addition, it can be a be a key part of Medicaid planning, helping to spend down savings so that the elder might more easily be able to qualify for Medicaid long-term care coverage, if necessary.

The following are some things to keep in mind when drafting a caregiver contract:

•Meet with your attorney. It is important to get your attorney's help in drafting the contract, especially if qualifying for Medicaid is a goal.

•Caregiver's duties. The contract should set out the caregiver's duties, which can be anything from driving to doctor's appointments and attending doctor's meetings to grocery shopping to help with paying bills. The length of the term of the contract is usually for the elder's lifetime, so it is important to cover all possibilities, even if they are not currently needed. The contract can continue even if the elder enters a nursing home, with the caregiver acting as the elder's advocate to ensure the best possible care.

•Payment. Payment to the caregiver can either be made with a lump-sum payment or in weekly or monthly installments. For Medicaid purposes, it is very important that the pay not be excessive. Excessive pay could be viewed as a gift for Medicaid eligibility purposes. The pay should be similar to what other caregivers in the area are making, or less. To calculate a lump-sum payment, take the monthly rate and multiply it by the elder's life expectancy. (Not that some states, Georgia for example, do not recognize the ability to create a lump sum contract based upon life expectancy.)

•Taxes. Keep in mind that there are tax consequences. The caregiver will have to pay taxes on the income he or she receives.

•Other sources for payment. If the elder does not have enough money to pay his or her caregiver, there may be other sources of payment. A long-term care insurance policy may cover family caregivers, for example. Also, there may be state or federal government programs that compensate family caregivers. Check with your local Agency on Aging to get more information.

Source:
Caregiver Contracts: A Growing Planning Trend for Families

Physician Named John Q. Hammons' Temporary Guardian

A veteran Springfield physician has been appointed to serve as temporary guardian of hotel magnate John Q. Hammons.

Dr. James Coulter, a board-certified pulmonologist and internal medicine specialist with 43 years medical experience, is now providing independent medical advice to the court about care for the ailing Hammons.

He also is deciding who can visit Hammons at the long-term care facility where Hammons has resided for nearly a year, according to a source with knowledge of Coulter's appointment.

[Greene County Probate Judge Michael]Cordonnier has closed the guardianship petition hearings to the public and also closed documents and records related to the case.

Full Article and Source:
Physician Named Temporary Guardian in Hammons Case

See Also:
Judge Moves John Q. Hammons Hearing to Nursing Home

Nursing Home for Criminals Concerns Neighbors

Most of us probably think of a nursing home as a place for elderly loved ones to get the care and help they need…not a haven for criminals sponging off taxpayers. But that's what FOX 4's Becky Oliver found in a community outside of Fort Worth.

It’s a serene, tidy little neighborhood on the shores of Lake Worth with parks, lakefront homes, and cottages where families have lived for decades. But there’s a cancer in the midst of the tranquility.

“My family has lived here since 1935 and it feels like we’re in jail, you know, because of these people,” said Kerry Gallagher.

There are about 50 of “these people” at the Lake Worth Nursing Home…registered sex offenders, convicted felons, and prison parolees, some labeled violent offenders by the Texas Department of Criminal Justice (TDCJ).

But these are not your typical nursing home patients confined to a wheelchair or bed.

“Sick, old people are fine in there, you know. Not these young 30 or 40 year old sex offenders down there. That’s ridiculous,” said Mary Cecil, who lives just down the street from the nursing home.

Full Article, Video and Source:
Nursing Home for Criminals Concerns Neighbors

56K Seniors Victims of Abuse and Neglect in Texas

It's a crime that reaches into thousands of homes... maybe yours... and often... people aren't even aware of it.

How bad is elderly abuse? Here are some numbers that demonstrate the problem.

More than 56 thousand Texans who are older than 65 were victims of abuse, neglect or exploitation in 2010.

About a thousand of those Senior Citizens were victims who lived in Jefferson County.

Dozens of people walked through downtown Beaumont...they held signs & chanted... to make people aware of the victims of elderly abuse.

“I think we made enough noises down the street we got people's attention,” said Angella Holland.

Full Article and Source:
56,000 Senior Citizens Victims of Abuse and Neglect

Senator Herb Kohl to Retire

Wisconsin Democratic Sen. Herb Kohl said he's not running for a fifth term in 2012.

Kohl has been unassuming in the Senate, often focusing on local issues. He serves as chairman of the Senate Special Committee on Aging, a key post for a state with a large elderly population.

Source:
Wisconsin Senator Herb Kohl to Retire

Canada: Judge Rules Institutions Trump Home Care for Elderly

British Columbia resident Kathleen Palamarek, an elderly widow and patient in the Broadmead Lodge nursing home in Saanich, a community in Greater Victoria on Vancouver Island, will remain there indefinitely, after a Canadian judge ruled Tuesday that institutional confinement trumps family living.

Mrs. Palamarek’s daughter, Lois Sampson, has spent three years trying to free her mother from Broadmead, to no avail. The ruling from B.C. Justice David Harris, coming more than two months after the end of a trial in which Mrs. Sampson brought in myriad legal and medical experts who questioned the quality of Mrs. Palamarek’s care and the advisability of her continued residence at Broadmead apparently puts an end to the case.

Among the issues raised by her daughter was the drug regimen Mrs. Palamarek was administered in the nursing home. Mrs. Sampson maintained, and expert witnesses testified, that some of the drugs had harmful side effects, especially for elderly patients including heart attacks or strokes.

Full Article and Source:
Granny Snatching: Canada - Judge Rules Institutions Trump Homes for Elderly

Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

A woman who was diagnosed as being brain dead has recovered three days after her husband begged doctors to put in a breathing tube before switching off a ventilator at an Australian hospital, the Northern Territory News reported Wednesday.

Gloria Cruz, 56, underwent brain surgery after a tumor was discovered when she suffered a stroke on March 7 and was rushed to the Royal Darwin Hospital in Darwin, Northern Territory.

Doctors told her husband Tani Cruz, 51, the case was “hopeless” and she would probably die within 48 hours following the surgery.

After two weeks, a breathing tube was inserted in Mrs Cruz's mouth and the ventilator was turned off. Hospital staff were stunned when she woke from her coma three days later.

When a doctor recommended that the ventilator be removed and Gloria Cruz be allowed to die, her husband told them, "I'm a Catholic -- I believe in miracles.”

Full Article and Source:
Terri's Fight: Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

A woman who was diagnosed as being brain dead has recovered three days after her husband begged doctors to put in a breathing tube before switching off a ventilator at an Australian hospital, the Northern Territory News reported Wednesday.

Gloria Cruz, 56, underwent brain surgery after a tumor was discovered when she suffered a stroke on March 7 and was rushed to the Royal Darwin Hospital in Darwin, Northern Territory.

Doctors told her husband Tani Cruz, 51, the case was “hopeless” and she would probably die within 48 hours following the surgery.

After two weeks, a breathing tube was inserted in Mrs Cruz's mouth and the ventilator was turned off. Hospital staff were stunned when she woke from her coma three days later.

When a doctor recommended that the ventilator be removed and Gloria Cruz be allowed to die, her husband told them, "I'm a Catholic -- I believe in miracles.”

Full Article and Source:
Terri's Fight: Husband Celebrates Miracle as 'Brain Dead' Wife Wakes Up in Hospital

SD Supreme Court Suspends Atty for Acting Improperly in Guardianship and Conservatorship Case

The South Dakota Supreme Court has suspended an Aberdeen attorney for 45 days for acting improperly in a guardianship and conservator case. The suspension begins May 27.

The American News reports that Tom Tobin did not contest the recommendation from the State Bar's disciplinary board. He did not immediately return a telephone call to The Associated Press on Tuesday seeking comment.

Tobin served as city attorney for Aberdeen from 1986-1999. The disciplinary board said he has been the subject of previous complaints and has been publically censured in the past.

Full Article and Source;
SD Supreme Court Suspends Aberdeen Attorney