Monday, April 1, 2013

What You Need to Know About Slip and Fall Accidents on a Sidewalk


Sidewalks are everywhere. They are in small cities and big towns. These sidewalks are made to be used by pedestrians, and they have the right to safely use these sidewalks. One issue with sidewalks, however, is that their owners often neglect maintaining them to avoid accidents such as slip and fall involving pedestrians.

Whether you are having a leisure walk or taking your puppy for a walk around the block, you must check if the sidewalk you are walking on is safe and properly maintained by the owner. In general the government and the property owner adjacent to the sidewalk are responsible for the maintenance of the sidewalk. Property owners are mandated to make public sidewalks safe by removing any potential risk to pedestrians.

Federal, state, and local laws mandate that owners must repair uneven, cracked, or any impairment on the sidewalk to avoid slip and fall accidents. Dangerous situations such as slippery sidewalks, elevated pieces of sidewalk, icy or watery sidewalks, potholes, and other obstructions lead to slip, trip, and fall accidents.
When a pedestrian slipped and fell on a sidewalk, he or she might suffer ankle injuries, broken bones, neck injuries, bruises, back injuries, and head injuries. In case it happens to you, you must seek medical attention immediately. It is also important that you take pictures of the scene of the accident and the injuries caused by the accident. Take note that liable property owners often hide their neglect after a pedestrian gets injured on their premises.

A pedestrian who sustained injuries because of a fall on a sidewalk may be able to receive compensation. A victim of such incident should preserve medical records and photographs of the injuries. Such documentations are very vital when the victim negotiates a settlement with the property owner or an insurance company. In any event that the case proceeds to trial by jury, such documentations are crucial to the outcome of the case. The victim must always remember that just compensation can only be given if the defendant is found liable for the unsafe sidewalk.

Accidents such as slipping and falling on a unsafe sidewalk are quite embarrassing and painful. It is more painful, however, if the victim does not get just compensation for the injuries caused by the accident. If ever you become a victim, you must seek legal help from an experienced personal injury lawyer. Speaking to a lawyer is always the key to overcoming the pain and embarrassment caused by a negligent property owner.

Sunday, March 31, 2013

Pre-Need Funeral Contracts And Medicaid


Planning for the end of one's life is not a pleasant task. However, as the end will inevitably arrive (sometimes at the least expected time), it's wise to plan for it now. For many, end-of-life planning includes both Medicaid planning and purchasing a "pre-need" funeral and burial contract. As the name implies, purchasers of pre-need contracts make and pay for funeral arrangements with their preferred funeral home in advance of the time they are needed. The type of pre-need contract can affect eligibility for long-term care funded by Medicaid.

One major benefit of purchasing a pre-need contract is that you are able to purchase tomorrow's funeral at today's price. Funeral costs can be quite significant, and you can enjoy considerable savings by purchasing a pre-need burial contract. The other benefit is that the funds used to pay for a pre-need burial contract may be exempt from the assets Medicaid considers when determining a person's eligibility for nursing home care. In order to be eligible for Medicaid, a person may have no more than $2,000 in assets. However, certain assets are not counted when determining eligibility.

The amount of the pre-paid funeral and burial contract that is exempt depends on whether the funds are held under an irrevocable contract or an insurance policy irrevocably assigned to the funeral home.

The exemption for funds set aside in a bank account for funeral and burial expenses is only $1,500.00. To increase the amount of the exemption, the funds paid for pre-need funeral and burial contracts must either be held under an irrevocable contract funded by a trust or used to purchase a life insurance policy that is irrevocably assigned to the funeral home. If a pre-paid funeral and burial contract is held under an irrevocable contract funded by a trust, the maximum amount that is exempt is $5,874.00 for the year 2012. However, if the contract is funded by an insurance policy which is irrevocably assigned to a funeral home, the entire amount paid is exempt. These days, most funerals cost well in excess of $5,874.00, so funding a pre-need contract with a life insurance policy will ensure that you get the maximum benefit when it comes time to apply for Medicaid.

Consider this example: Mr. Smith applies for Medicaid and owns a pre-need funeral and burial contract worth $11,000. If his contract was held under an irrevocable contract, only $5,874 would be considered exempt, and his assets available to pay for nursing home care would include the remaining $5,126 of the contract value. Now, Mr. Smith could be ineligible for Medicaid at a time when he may need immediate nursing home care. However, if Mr. Smith's burial contract was funded by a life insurance policy irrevocably assigned to the funeral home, the entire amount of $11,000 is exempt, and Mr. Smith could still considered eligible for Medicaid. Careful planning really makes a difference!

The example above is greatly simplified. Medicaid rules are very complex. A specific form of pre-need funeral and burial contract and insurance policy must be used. Before executing a pre-need burial contract, it is wise to have your attorney review it and your other financial planning strategies to make sure you are getting your maximum exemption benefits. The foregoing discussion is based on the regulations promulgated by the Illinois Department of Human Services for Illinois residents published as of January 22, 2012. See your attorney regarding the current status of Illinois regulations and the application of the regulations to your specific fact situation.

This article is intended to present general information for educational purposes, is not legal advice and should not be relied upon in connection with any particular matter. The reader is advised to immediately retain their own separate legal counsel with respect to any specific legal issue. Rights to bring a claim will expire through the passage of time by the applicable statute of limitations.

What Do I Need to Consider When Bringing My Mom Or Dad From the Nursing Home This Holiday?


It's that time of year again! If your parents, your mom or your dad want to spend time with you and your family during the holidays and they are living in an assisted living facility or nursing home, there are a few things you will want to be aware of in order to pull this off and allow them (and you) to have a pleasant time! If you prepare beforehand, then you shouldn't run into any major problems. First off, if one of your parents is a diabetic, they are probably looking forward to a nice yummy home cooked meal.

The problem with this is that he or she might not be able to eat the same foods that you are serving - so make sure you plan a meal that they can participate in eating as well. Also, make sure you have just enough diabetes test strips so you can keep things under control.

If your parents have high blood pressure, high cholesterol, problems swallowing or even any dietary restrictions, it's always a good thing to talk to the dietitian at the nursing home to give you ideas on what things you can server or how to go about the eating situation. You are probably going to need some nursing home supply options or medical supplies as well.

One thing you might want to keep at hand is a blood pressure monitor. Sure, there are professional blood pressure monitors that can cost a fortune, but there are also quite a few basic ones for home use. Taking your parents' blood pressure regularly will help you stay on top of their condition and foresee any changes.

Also, if your mom or dad have a problem with incontinence, you might want to consider buying adult disposable briefs. The nursing home may send you some as well - but it's important to make sure they are available either way. There are great products on the markets and some of the most reliable brands you might want to look at will be Kendall and TENA.

If your parents will be staying for a few days, it's important to have medical supplies such as dressing changes, compression packs, or even colostomy supplies. Again, it's a good idea to talk with the nurses to make sure you have all the medical supplies you will need before the special day comes!

If your parent lives on their own, they probably won't need a lot of the medical supplies that an assisted living resident or nursing home resident would need. If anything, and your parent does live on their own, it's always a good idea to personally ask them if they need anything specific in order to make their stay more pleasant. The next thing you may be wondering about is WHERE to buy these medical supplies! Good question. For some companies and businesses you may actually have to be a licensed health professional or organization.

Also, if you think that you might have trouble taking care of your parents for Christmas (or any holiday) you can hire an aid or a nurse from a staffing company while your parents are out of the nursing home. They can also help you pick out which products you may need to buy in order to make their time more comforting.

You could even take a look at a blog or ask them questions about what you might need or what products or bands to choose from when deciding on medical supplies or nursing home supplies. The main point here is that Christmas is a really important time to bring your parents home for a nice home-holiday. Give them a break from all the craziness and simply let them enjoy their time with you, your children and your family - and if you need help buying medical supplies to make the trip all that much better, there is help available and it's only a click away!

How to Know If Nursing Is the Right Job For You


There are more than 2.9 million registered nurses in the country, making nursing the largest healthcare profession. Nurses work in their discount urbane scrubs wherever people need care: in hospitals, schools, homes, community centers, workplaces, homeless shelters, children's camp, retirement communities, and so on. A little over 50% of registered nurses work in hospitals and the rest work in various settings. An estimate of 14.9% work in public health or community health, 11.5% in ambulatory care, 6.3% in nursing homes, and 2.6% in nursing education. Hospital unit settings are also varied including emergency rooms, intensive care, operating room, recovery room, step-down, outpatient units, a labor and delivery. Full-time staff nurses who work in hospitals have a median salary of about $56,880. Indeed, nursing is a very attractive career option, especially since it is predicted that there will be an increasing demand for nurses in the next 20 years; but still, it is not for everyone.

What makes a good nurse?

Before considering a career in nursing, you should assess yourself and determine if nursing is right for you-if you have the personality, skills, and ability to be a nurse. If you are naturally compassionate, love helping other people, and really want to make a difference in other people's lives then this line of work is perfect for you. It will also help a good deal if you are hardworking, passionate, and analytical-particularly if you pay attention to small details to get some clues about a person's general behavior, then nursing is a very viable career path for you.

What sucks about being a nurse?

Nursing is a high-intensity job where there is little to no idle time. For those who are easily stressed, they might experience burn-out early and be unable to handle the pressures of the job. Because there is a shortage of nurses, all nursing staff are maximized and utilized to the full of their abilities. As a nurse, you will be working in odd hours and assigned various shifts. Your schedule will be erratic and it could mean a significant decrease in your social life. You will be likely working during hours when your friends of family are off work. You may also be required to work weekends, week nights, and holidays. Even if you have a 40-hour workweek, you may not see your friends, family, spouse, or lover, that much. Also, nurses are usually requested even pressured to work over-time especially when there are too many patients and new admissions. Another downside is that you will be working in an environment that can generally be depressing. You will be surrounded with sick or dying people and their aggrieved families. Needless to say, a hospital environment can be high on emotions. You need to be able to deal with serious issues and communicating these with other people without breaking down.

Compensation

One of the best things about being a nurse is that you are compensated well for your hard work and efforts. The average compensation for registered nurses is between $43,000 and $63,000 per year, while the top 10% of high-paid nurses are earning more than $75,000 per year.

Three Reasons Why Assisted Living May Be a Good Option For Elderly People


Assisted living facilities are special homes for those elderly people who cannot perform even their regular daily life chores, including going to bathroom, clothing, bathing, cooking, and eating without assistance. These homes bridge the gap between independent living and living in a nursing home. The elderly and diseased people who choose to live in these facilities get proper assistance. However, it is very important for you to understand that it is not a substitute for nursing homes. Instead, it is a great midway that is comfortable for the elderly people. They get unceasing care here in the best possible manner and enjoy a healthy and relaxed living.

Care With Freedom
One of the biggest advantages of assisted living is that it provides proper care for the elderly in an environment that gives them an ultimate sense of freedom. These facilities proffer assistance with medication, periodic housekeeping, and timely and well-made meals. Besides that, if requested, the facility may also help them in managing their finances. Therefore, if you are one of those elderly people who need some assistance of living a healthy and happy life without giving away your freedom, such specially built facilities can be the best choice for you.

Medical Assistance And Health Care
The assisted living facilities also provide excellent services in terms of health care and medical assistance. They have expert professionals that are specialized in taking care of the senior citizens, including those who may need urgent medical attention. In most cases, these facilities work in association with a medical center. That is the reason why it is easily possible for them to get the medical care to the needy person. This way, it appears to be a great alternative to nursing homes. Where nursing homes have a dull living environment, the atmosphere in these facilities is quite lively.

Strategic And Completely Organized
Another great feature that assisted living homes have to offer is the very fact that they are strategic and well organized in a highly efficient manner. They are professional people and they have a customized plan for every individual residing in their centers. They first review the specific needs and requirements of the person and then develop a plan for them accordingly. One of the greatest concerns that elders have when it comes to handing over their important personal responsibilities to others is that whether they will get the kind of care they deserve. But such concerns are out of question when they choose to live in these facilities.

In this fast moving world, there may be times when elderly people may have to live alone in their homes. But, it is the age when they need someone to take care of their health and other personal needs. The assisted living facilities make a great alternative solution for them, as they make life easy and enjoyable.

Planning for Your Parents' Future Needs


For many aging seniors who are starting to need extra help, moving in with your children is not a viable or desired option. Unfortunately, sometimes parents and children do not want to think about the inevitable and do not talk about what plans the parents have or have not made. Whether your parents are in good health, on the brink of needing additional care or need immediate assistance, it is never too early to start or act on planning discussions. And if they need immediate care, take heart, there are still options available to them.

If your parents' finances are in good condition, the planning process is important to focus on protecting their assets and setting funds aside for their long-term care. Long-term care insurance can help provide resources for obtaining care both at home or in a care facility. However, LTC insurance can be quite expensive and gets more so as you age. Getting advice is critical, and lawyers who specialize in elder care laws can provide valuable guidance, even if used just for a consultation. For a fee, they can help set up trusts to protect assets, and some offices provide medicaid application assistance as well.

If your parents have limited resources, there are still options available to them. Many county offices have an Office/Department of the Aging that provides information regarding a variety of services in their areas, like home health care agencies, meal programs and senior centers. Many home health care agencies can provide both skilled nursing or aides who can assist with daily living activities, like getting dressed, preparing meals, etc. If your parent only needs a little assistance a few times a week, home health care agencies are a good option. Many locations provide transportation to senior centers that can also help provide activities like exercise or other social events.

If your parent needs more round-the-clock care, there are assisted living facilities and nursing home facilities. Assisted living facilities allow for more independence, typically in apartment-style surroundings where support staff is readily available if help is needed. Some facilities have both assisted living and nursing home wings so that as conditions progress, residents can be moved between facilities and remain close to more self-sufficient spouses. These facilities are usually private pay and require that your parents have the resources to pay for rent.

When your parent doesn't have those resources, you can look at facilities that accept Medicaid patients. Medicaid is used for long-term care, after Medicare has been exhausted. Medicaid applications can take months to be approved, so you want to start the process as soon as you think it may be needed. The application does not have to be approved prior to your parent moving in, as nursing home facilities will accept "Medicaid pending" patients, but the application should be in progress.

Medicaid laws vary from state to state, so you should look for assistance in understanding your state's requirements, either from an elder law attorney or from the state social services department. All will require that your parents funds, except those protected by a trust, or allowed by the state, for example, to support the spouse, be exhausted. Look back periods exist, e.g. in New York, five years, in which the state will review any financial statements to see if funds were transferred, that may be asked to be returned. Once again these rules and exceptions vary based upon state so you want to check them out way in advance if possible.

Tremendous amounts of information exist to help seniors if you know where to look for it. Even if your parents seem to be in perfect health, it's never too early to have a serious discussion about what they would like to have happen, and positioning them to better be able to achieve that. The earlier you start, the more likely you will be able to accommodate their wishes. But even if you need to act quickly, make sure you stay calm and explore your different options, as well as the different providers that exist within each option. These will be some of the most important decisions you can help your parent make, and you don't want to rush through them or feel pressured to make just any choice. Knowing your options will put you in a much better position to help take care of the people who have always taken care of you.

Examining Assisted Living Costs


This article explains how examining the various components of assisted living costs can allow you to take advantage of what you previously thought was not possible. It is often thought that the fees required for assisted living residences are not affordable to many people. However, if they tried to analyze the different parts of these costs, they may be amazed to find that it might fit their budgets after all. Perhaps this misconception is due to the high costs of nursing home care, which was previously the only option available for retirees. Assisted living is a relatively new concept and is also known by various terms such as adult congregate living care, residential care, sheltered housing, adult foster care, enhanced care, adult living facilities, board and care, personal care, retirement residences, adult homes, community based retirement facilities, supported care, and domiciliary care. It should be pointed out that a substantial part of assisted living costs are normal living costs that you would incur if you stayed at home.

Let us check out those parts of assisted living costs that are standard components of living expenses. These include laundry service, housekeeping services, entertainment costs, social costs, transportation costs, medical expenses, garbage disposal services, meals, snacks, utility costs, home maintenance costs, emergency call system, and mortgage or monthly rent. And in contrast to independent living arrangements, there are no property taxes, insurance costs, or maintenance fees for condominiums. Therefore, the actual costs of assisted living programs are the nominal costs minus the above costs that you would have to spend whether you transfer to a retirement living community or not.

Assisted living arrangements are usually preferred by older people who need 24-hour assistance in key activities, such as meal preparation, cooking, toileting, bathing and dressing, but do not require the intensive care that is provided in nursing homes. An important advantage for residents of these communities is that it is easier for them to meet other people and socialize, thus eliminating the possibility that they would feel bored. This is quite possible for those who are alone in their homes because it is more difficult to leave the home to visit friends.

As discussed above, it is important to deduct from the assisted living costs the usual living expenses that would be eliminated if you transferred to a retirement community. If the resulting value is still substantial, you will need to convert some of your assets into cash flow. Of course, you can always ask your heirs to handle the costs or you can make use of a reverse mortgage in which you are able to convert a portion of your equity in the home into cash. There could be other assets to convert into cash like stocks and jewelry. As for those who are still planning for their retirement, it would be helpful to establish businesses that would provide the required cash flow when the time comes for you to retire. You may also purchase long term care insurance if retirement is still several years away.