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Des Moines Nursing Home Abuse Blog

Many elderly Americans are subject to different forms of abuse

For Iowa families with a beloved family member under the watch of a caretaker, it will be alarming to discover that one out of 10 elderly Americans is the victim of elder abuse or neglect. A report from the National Center on Elder Abuse revealed this statistic just recently. Even more concerning, however, is the fact that there are many cases of elder abuse that go unreported.

Elder abuse can come in many different forms, and it is not limited to situations where an elderly person is living at a nursing home. Oftentimes, frustrated caretakers, including relatives, become so overwhelmed and frustrated with their responsibilities in caring for an elderly person that they become abusive, harming their victims physically. However, other forms of abuse are common, including mental abuse, sexual abuse and financial abuse.

Nursing Home Quality Reform Act helps prevent elder abuse

The decision to place an elderly parent in a nursing home is often a difficult and potentially frightening one for Iowa residents. Nursing homes often have poor reputations, and news reports about cases of elder abuse often scare people away from considering them, sometimes justifiably so, as elder abuse is a serious problem in poorly run nursing homes.

However, the situation is not hopeless. Elder care advocates in 1987 helped Congress pass the Nursing Home Quality Reform Act, which imposed stricter Federal standards for nursing home care and established a Residents' Bill of Rights. It also expanded the authority of the Department of Health and Human Services to impose serious fines on nursing homes found to commit abuses of elder care.

The role of Medicaid eligibility in an elder care plan

For those who lack sufficient resources to pay for any medical need or emergency during decades of retirement, Medicaid planning can provide a necessary form of protection. Even for Iowa residents in a comfortable financial situation, elder care planning that includes Medicaid eligibility may be able to help preserve the estate's assets. A few helpful tips can prevent some common mistakes and protect family members from unexpected medical needs.

One of the most common mistakes made in care planning is the transfer or sale of assets. Eligibility for Medicaid is partially determined using assets, but wealth reduction must be done with awareness of the look-back period. According to one elder law attorney in Dallas, nearly all transfers made within 60 months of filing an application will effectively prevent a person from being eligible for Medicaid. It's important to note that once the five-year period has passed, those transfers no longer affect eligibility.

Elder-care provider faces felony charges of financial exploitation

Elderly Iowa residents and their families may be moved to take precautionary measures after reading the case of a 90-year-old man with a diagnosis of dementia who became the victim of an alleged $350,000 theft. His 62-year-old caregiver used power of attorney and other legal documents to access the man's funds and is now facing charges of financial exploitation of an elderly person. The attorney she hired to draw up the necessary legal documents is not facing criminal charges.

The caregiver and elderly man first met during his stay at a hospital, where the woman was working as a nursing assistant. After the man was released from the hospital, the woman and her family began providing him 24-hour at-home care. Only three months had passed before she hired an estate planning attorney to help create a will, trust and power of attorney. The documents named her family members as beneficiaries and her as the trustee.

Reduce financial abuse and other retirement risks

For many Iowa residents, it is possible to execute a successful plan for retirement with as little as a year of advance planning, but an adviser with Hyde Park Wealth Management suggests that most people allow five years to reach their goals. It's easy to understand why when one considers the many decisions that must be accounted for. Legal documents, for instance, are a primary need. A review of current insurance policies and later coverage needs is certainly important, but living wills and advance health directives are also critical. A proper plan may be able to reduce the risk of financial abuse or exploitation during one's elder years.

Another leading concern, according to the chief investment officer with Sica Wealth Management, is crafting a diversified yet conservative portfolio for asset protection and continued income. Otherwise, a market downturn may cause serious setbacks for retirement planning. The goal of maximizing income is also important, and paying down debt prior to retirement helps retirees have more funds available to support their desired lifestyle.

Examining the risk of long term care insurance

Financial planning for retirement includes the management of many types of risks, not the least of which is the potential need for long term care in a nursing facility. Some insurance companies offer long-term care (LTC) insurance that is specifically designed to cover nursing home costs. Like all planning purchases, however, individuals should consider the benefits and risks of this insurance carefully.

According to a Forbes staff columnist, this type of elder care insurance is a poor choice for individuals attempting to minimize risk. The columnist also advises against investing in companies that offer these types of policies. It's worth understanding exactly why and investigating alternatives. LTC policies have been subject to large rate hikes in the past. More rate hikes are a possibility with companies dropping these policies and requesting the right from regulators to raise rates further. Another downside is limited payouts. Many people won't need the money for nursing homes, and there are no strict rules governing the level of disability required for a payout.

Financial abuse victims, low-income seniors threatened by SS cuts

Iowa residents may have heard that political leaders are looking at a recent proposal designed to reduce the Social Security deficit over the next 75 years by one-fourth. The proposed chained CPI, or consumer price index, according to speakers at an AARP event, differs from the current system by reducing annual adjustments in that it would reduce Social Security payments by about three-tenths of a percent. The idea is to replace the consumer price index, which is currently used to calculate adjustments, with a theoretically more accurate system. Speakers at the event pointed out that the supposedly more accurate system, however, would result in a real-world drop in income for recipients.

The chained CPI is based on the idea that consumers will switch to less expensive products following a reduction in income. They would trade in an SUV for a smaller car with better gas mileage, for instance, or they would forgo the more expensive blueberries in favor of bananas at the grocery. The problem, according to speakers, is that many people already rely on Social Security as their primary income, due to inadequate retirement planning, financial exploitation and other reasons.

Elderly female landowners face hard decisions

Female property owners who are elderly might struggle when they need to request that tenants pay rent, increase rent or move. The executive director of the Women, Food and Agriculture Network cited one example of an elderly woman who did not collect rent from a tenant because he cleared snow from her driveway. In other situations, the tenant may be a relative, an old friend of the family or someone with ties to a deceased husband. Despite a disrespectful tenant in one of her properties and years of begging from her children, another woman let the person remain on the property for seven years. The woman still feels social pressure from that eviction. These examples demonstrate some of the challenges that elderly women face related to property management.

Women need to understand that they have the responsibility as landowners to care for their property and to protect themselves from financial abuse. This need is especially significant in Iowa where women own or jointly own about 50 percent of land.

Much of Iowa's aging population chooses to receive care at home

The United States Census Bureau estimates that there will be more than 660,000 Iowa residents over the age of 65 by the year 2030. Persons over the age of 60 make up nearly 21 percent of the state's population, with a 2.1 percent increase in 2012.

Iowa has a good ratio of elder care facilities to residents over the age of 65; in fact, at 58 beds for every 1,000 senior citizens, it is the highest ratio in the United States. Yet, Iowa also has the second highest ratio of senior citizens residing in these facilities, despite the fact that 26 percent of those residing in long-term facilities need only minimal assistance with day-to-day activities.

Early planning increases access to elder care resources

The need for extended care is a fact of life for many Iowa residents, and the odds grow significantly past the age of 65. Whether it's a brief stay in a nursing home following a major surgery or the long-term provision of in-home health care, a lack of adequate care planning can decimate an estate and place the financial burden on family members. There are many resources that are available to provide assistance with elder care, but most of them require some advance planning in order to cover the costs.

A brief look at the numbers is sufficient to highlight the need for advanced planning. Over 40 percent of people spend some time in a nursing home, and Medicare covers this up to 100 days. Almost 30 percent of elders between 75 and 84 who require nursing home care do not exceed Medicare's limit. With an average stay of 835 days, however, and an average cost of $81,000 to $90,500 per year, it's easy to see the importance of planning.

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