Skip to main content

How Can We Protect Seniors?


By: Swogger, Bruce & Millar Law Firm, P.C.

May is both Elder Abuse Awareness Month and Elder Law Awareness Month.  It is not an accident that these awareness campaigns take place in the same month; elder law and elder abuse relate closely to each other.  May is the perfect time to learn more about these important issues.

Elder law is an area of practice that focuses on the issues facing seniors. Elder law attorneys are knowledgeable in multiple areas, including, planning for Medicaid or Veterans benefits, helping clients transition into long-term care or assisted living, helping clients with guardianships and conservatorships, and estate planning.  Sadly, as elder abuse has increased, it has become necessary for elder law attorneys to be available to provide legal protection and advocacy.

Elder abuse is any form of mistreatment that causes a senior harm or loss.  Elder abuse includes physical abuse, emotional abuse, sexual abuse, exploitation, neglect, and abandonment.  10% of Americans aged 60+ file official claims of elder abuse.  However, estimates suggest that seniors only report 1 in 14 cases of abuse.  Abused seniors have a 300% higher risk of death when compared to their peers, and elder financial abuse costs seniors almost $40 billion every year. 

Family members commit over 60% of elder abuse and neglect incidents.  It is common for seniors to rely on their children to help them as they age.  Asking a family member for help presents an opportunity for unscrupulous individuals to steal from the senior.  Elder law attorneys can help put safeguards in place to reduce the chances of abuse or seek justice for the abused.

50% of Americans aged 65+ will need an extended stay in a nursing home.  The average cost of a nursing home in Michigan is approximately $9,000 per month.  Some seniors who are financially well-off can afford to private pay long-term care expenses; others purchase long-term care insurance to reduce their risk.  Many seniors rely on Medicaid or Veterans benefits to pay for care. 

Medicaid and Veterans long-term care benefits are among the most misunderstood types of government assistance.  Misinformation and fatalistic thinking cause many seniors to lose assets unnecessarily.  The fact is that nearly every senior facing long-term care expenses can save at least 50% of their estate; many can save up to 100%.  Elder law attorneys can help with these legal and financial matters. Most elder law attorneys take pride in easing a family’s stress and helping manage the emotional issues that surround putting a loved one into a nursing home.


Swogger, Bruce & Millar Law Firm, P.C. is a law firm specializing in elder law and estate planning with a special emphasis on Medicaid planning and Veterans benefits.  The firm focuses on innovative ways to protect the assets of its clients.  John J. Rizzo III has practiced elder law in northern Michigan for nearly 20 years.


For more information, please contact:

John J. Rizzo III
Elder Law Attorney
Swogger, Bruce & Millar Law Firm, P.C.
10691 East Carter Road, Suite 103
Traverse City, MI 49684
Phone: (231) 947-6800
Fax: (231) 421-5909
jrizzo@swoggerandbruce.com


Comments

Post a Comment

Popular posts from this blog

Jeff Bartel's Commitment to Philanthropy

This is the first part of a series looking at business leaders and their charitable work. I want to explore how different leaders prioritize corporate social responsibility and business ethics. Accordingly, I am putting the spotlight on Jeff Bartel, a Miami entrepreneur and Managing Director of the Hamptons Group, who was appointed to the newly created position of Corporate Responsibility Officer for Florida Power and Light back in 2010 before these roles became standard in the corporate ecosystem. I will cover some of the highlights from Jeff’s charitable work from 2006 to 2012 and plan to feature his charitable work from 2013 to 2022 in a future article. Reducing Carbon Dioxide Emissions In 2006, Jeff worked with Sarasota County officials to help them make a strong environmental commitment so Florida Power and Light ( FPL) could build its first solar array . Sarasota County voted to allow one of its underused park locations to erect the solar array and was projected to reduce carbon...
Post a Comment
Read more

Adding Cost of Living Adjustments to Veterans Benefits

The Veterans Compensation Cost of Living Adjustment Act of 2018 aims to temporarily fix a common problem for veterans; benefits have stayed the same while the cost of living and inflation rise.  Veterans benefits are effectively cut each year that Congress does not pass a COLA bill.  Earlier this year, Congressman Mike Bost submitted the new bill; he is the Chairman of the Disability Assistance and Memorial Affairs subcommittee.  The bill directs the Department of Veterans Affairs to increase benefits as of December 1, 2018, using the same COLA used by the Social Security Administration. Congresswoman Elizabeth Etsy said that “ensuring our heroes’ benefits keep pace with the rising cost of living is the least we can do for them.  With a cost of living adjustment, we will be able to put more dollars in the hands of the men and women who served our nation.  Congressman Bost stated “it’s vitally important that we ensure the men and women who have served our na...
Post a Comment
Read more

Medicaid's Five-Year Look-Back Period and Penalties for Gifting

Many of my elder law clients in northern Michigan have questions about the Medicaid look-back period and penalties for gifting.  The first thing to know is that Medicaid planning to protect assets can be done at any time, even during the look-back period, or after a client is in a nursing home.  With that initial piece of information in hand, we can proceed to an explanation of the Medicaid system for penalizing gifts. The Michigan Department of Health and Human Services processes applications for Medicaid benefits.  DHHS policy directs an eligibility specialist to investigate all gifts, or transfers for less than fair market value, that an applicant or his spouse made within five years of the applicant being in a nursing home and otherwise being eligible for Medicaid.  Let's unpack that a little bit.  First, there are two thresholds to cross before a gift penalty begins to run.  The applicant must be in long-term care and eligible for Medicaid based on...
Post a Comment
Read more