Adamsky Law Offices Blog

The new rules on Guardianship in Massachusetts are causing some confusion. They were designed to protect people more than the old laws, but that means they are more complex and less easy to follow. It is likely that some changes will occur over time as technical amendments correct any flaws in the new system. There is a website dedicated to the new Probate Code in Massachusetts. The blog there discusses many of the good and bad points of the new law. http://www.massprobatecode.com/

Here is a link to an e-book about Alzheimer's Disease. It is written for children, but is a great read for all. http://www.alzheimershope.com/grandmas-cobwebs/flash_book.html Check out the main website http://www.alzheimershope.com/ for more great information about dealing with the disease that is so hard for so many.

It's official. The Social Security Administration has announced that there will be no increase in 2010 SS checks. The annual Cost of Living Adjustment (COLA) is based on inflation and last year the number was negative (deflation). Checks won't go down, but they won't go up either. It is still not clear what will happen if Medicare Part B costs go up. There is a rule that checks cannot go down, so some adjustment may have to be made. Keep your eyes and ears out for more news.

The Center for Medicare Advocacy is launching a new advocacy and education initiative to eliminate the Medicare "Improvement Standard," which requires that Medicare beneficiaries be able to improve in order to qualify for coverage. The insistence that people must be able to get better unfairly restricts access to Medicare coverage and necessary health care. Although the Improvement Standard conflicts with the law, it has become deeply ingrained in the system and ardently followed by those who provide care and those who make coverage determinations throughout the health care continuum. Beneficiaries are told Medicare coverage is not available if their underlying condition will not improve, if they have "plateaued," are not likely to improve, or if they need "maintenance care only". As a result it keeps people with debilitating, chronic conditions from receiving the care they need. This practice persists although the Medicare Act does not require improve...

From the Massachusetts Chapter of the National Academy of Elder Law Attorneys (NAELA) newsletter. Guest commentator Attorney Michael Hooker of Northampton, Massachusetts. Question from Nursing Home Admissions Office: Our lawyers are now telling us that no one who is under Guardianship can be admitted to our nursing home unless the Probate Court has given its permission. What is this about? Answer: In July, 2009, a sweeping new law regarding guardianships in Massachusetts took effect. The changes were made partly because of abuses highlighted in a Boston Globe spotlight article claiming elder’s rights were being trampled in Probate court in Boston. The new law, called the Uniform Probate Code , has rigorous requirements to determine whether an elder is unable to make decisions about care, treatment and living situation, and whether someone else should take control of that decision making power. One section of the new law even requires any Guardian to get special permission from the Pro...

At a session that ended at 2:18 a.m. on Friday, October 2, the Senate Finance Committee completed its markup to health reform, the America's Healthy Future Act. The bill contains some recently added amendments that are of great interest to elders. The bill now includes an amendment offered by Sen. John Kerry (D-MA) that "would protect against spousal impoverishment in all Medicaid home and community based services programs by requiring states to apply the same spousal impoverishment rules currently provided to the spouses of nursing home residents in Medicaid. The provision would sunset after five years." The bill also incorporates the provisions of the Elder Justice Act (S. 795), which would establish "Offices of Elder Justice" in the Department of Health and Human Services and in the Justice Department and provide federal resources to support state and community efforts to fight elder abuse. Elder Law Attorneys contributed to the effort to see the Elder Jus...