Articles of Interest: Advocacy/Rights
United States Department of Labor (USDOL) - Changes Rules for In-Home Caregiver Pay
Effective 1/1/15, the USDOL changed rules regarding pay for all in-home caregivers across the country.
There are five new changes to the rules that need to be considered:
- Caregivers must be paid at least the minimum wage.
- Caregivers must be paid for overtime (any work more than 40 hours in one week).
- Travel time is compensable between job sites.
- Live-in rule changes.
- Recordkeeping requirements.
Understanding the Four Cs of Elder Law Ethics
Your parent or other elder relative is getting legal advice. Why am I left in the waiting room?
Shouldn’t you be included? After all, you might be very involved in helping him or her with important matters. Perhaps you even arranged for this appointment.
There are several reasons why lawyers need to meet with your family member or friend alone for at least part of the case evaluation process, so please don’t be alarmed or offended. Family involvement is very important, but try to understand the way legal services are provided to elder or disabled clients. It may help first to understand the “Four Cs” of elder law ethics that lawyers are required to follow. We are happy to discuss these ethical guidelines or any other aspect of our legal services. Above all, we seek to promote the dignity, self-determination, and quality of life of your loved one. Click here to read more.
Another Tool to Protect Vulnerable Adults
It might be too late to assist the family of Ernie Banks, whose will was changed in 2014
to the benefit of his caregiver, but this statutory tool will protect others from being victimized by
non-family caregivers of persons requiring care. Attorney Janna Dutton, an active advocate for
vulnerable adults for over 30 years, as a member of the Illinois National Academy of Elder Law
Attorneys wrote a new section of the Probate Act, “Presumptively Void Transfers” Public
Act 098-1093.
Palliative Care
Living with a serious illness can create physical challenges like pain, symptoms or side effects from medication…and even emotional concerns like anxiety or depression…that can affect your quality of life.
Palliative care is specialized medical care for people with serious illnesses, offering expert pain and symptom management to treat the whole person, at any age, and at any stage of illness.
Avoiding Scams Cornering Living Trusts
Not everyone will benefit from a living trust and not everyone who offers them is reputable.
Do I Really Need a Living Trust
Tips of living trusts for seniors from National Consumer Law Center
Avoiding living trust scams for advocates from National Consumer Law Center
Guide to Choosing an Elder Law Attorney
This resource explains the unique qualifications of an elder law attorney and how to locate one.
Fraud Alert
Published bi-weekly, The Fraud Alert is published by Age Options and the Illinois Empowering Seniors to Prevent Healthcare Fraud project, and contains very helpful information, for all of us. Click here for more information.
Illinois Yellow Dot Program
The Illinois Yellow Dot Program is a statewide initiative to provide vital medical information on vehicle drivers and passengers. This program, coordinated through the Illinois Department of Transportation, is designed to provide first responders information during the ‘golden hour’, the time immediately following a crash. For more information, please click here.
Questions to Ask When Looking for an Elder Law Attorney
This brochure contains questions to ask when looking for an elder law attorney. Click here to download the publication.
Educational Resources on Financial Abuse
Baylor College of Medicine, the Texas Consortium on Geriatric Education, and the Investor Protection Trust published resources related to financial protection and resources for assistance. Click here to download the publication for patients. Click here to download the publication for clinicians.
A Guide to Choosing a Nursing Home
The “Guide to Choosing a Nursing Home” is prepared by the Centers for Medicare & Medicaid Services (CMS). CMS and states oversee the quality of nursing homes. State and Federal government agencies certify nursing homes to participate in Medicare and Medicaid. Click here to download the publication.
