Can My Aunt Suddenly Cut Off My Stipend for Taking Care of Grandmother?
I have moved my 93-year-old grandmother into my home. Neither my aunt nor my father wanted to take care of her. She is not at...
Read moreThe Georgia Supreme Court has upheld the murder conviction and life sentence of a man who helped discharge his girlfriend's elderly mother from a nursing home in order to regain control of her Social Security income and then was a party to appalling neglect that resulted in the elderly woman's death. Wood v. State (Ga., No. S05A0839, Sept. 26, 2005).
Troy Wood and his girlfriend, Rita Rene Dorlon, lived together with their two children. Both unemployed, Mr. Wood and Ms. Dorlon were living mainly off the Social Security checks of Ms. Dorlon's elderly mother, Mary Green, who was being cared for in a nursing home. This income suddenly disappeared, however, when the nursing home began receiving the Social Security checks directly. In order to regain control over the checks, Mr. Wood and Ms. Dorlon removed Mrs. Green from the nursing facility, claiming they would care for her in their own home. Mrs. Green was discharged against her will and despite the fact that she was confined to a bed or a wheelchair, was incontinent, and had complicated care requirements.
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Ms. Wood and Dorlon failed to care for Mrs, Green, allowing her to lie in her bed without moving until she developed serious bed-sores and infections, including gangrenous ulcers. (We will spare readers all the gruesome details, which are amply documented in the court ruling referenced below.) On August 30, 2003, a paramedic found Mrs. Green dead in the home. Mr. Wood and Ms. Dorlon were charged with murder and cruelty to an elderly person. Ms. Dorlon pled guilty and a jury found Mr. Wood guilty. He was sentenced to life imprisonment.
Mr. Wood was charged under a Georgia law that makes it a crime to fail to provide health care and sustenance to an elderly person over whom one has supervision or "immediate charge or custody." Mr. Wood appealed, arguing that he did not commit a crime because he never assumed responsibility to care for Mrs. Green.
The Supreme Court of Georgia rejects Mr. Wood's appeal. Although the court finds there is conflicting evidence about the extent of care Mr. Wood agreed to undertake, he actively participated in the decision to bring Mrs. Green into his home and knowingly agreed to place her under the charge and in the custody of Ms. Dorlon and himself. He therefore had a duty to care for Mrs. Green, a duty which, the court notes, he "wholly failed in".
I have moved my 93-year-old grandmother into my home. Neither my aunt nor my father wanted to take care of her. She is not at...
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Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
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READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
READ MOREWe explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
READ MOREGet a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.
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READ MOREGet a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.
READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
READ MOREExplore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.
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