Earlier this morning, we released the July 2023 e-newsletter from R. F. Meyer & Associates.
Our articles this month cover legal issues seniors and their families may face at various stages of aging.
A vigilant family, good Estate Planning and staying informed of current Elder Law issues would help or be necessary in each case.
Our three July 2023 articles cover:
Seniors losing their homes due to not paying property taxes. In this story about a case heading to the Supreme Court, a woman named Geraldine Tyler of Minnesota relocated to a senior community at age 94. Like many in this situation, Geraldine did not sell her home because she wanted to leave it to her heirs. But without estate planning in place, she stopped paying property taxes on the house. The local county took the home and sold it to cover back taxes – which is exactly what happens when you stop paying property taxes. The court fight actually is over the county not returning to Geraldine’s estate the extra money produced by the home sale, beyond the amount of overdue taxes.
The right of nursing home residents to sue over poor care. In this story about a very important case just decided by the Supreme Court, an Indiana man’s family moved him to a nursing home as his dementia was progressing, in 1994. But his family argued that his care, which included what was deemed “chemical restraint” through the administration of six different psychotropic medications, led to a precipitous collapse in his health. The family’s case was tossed out by lower courts, who found the family could not sure under the Federal Nursing Home Reform Act. The Supreme Court in a 7-2 decision last month reversed that finding, enshrining the rights of nursing home residents to sue under care requirements set by Congress through the FNHRA.
Can healthy food be considered “medicine”? Several states are running trial programs to treat it as such, under Medicaid. The trial programs seek to determine whether nutrition support can help prevent and manage certain chronic illnesses related to diet. Unfortunately, Ohio is not yet one of the participants. But the programs in various other states are providing Medicaid benefits that can cover nutrition counseling, grocery store gift cards, “food prescriptions” for fruits and vegetables, and more. If helping recipients manage these chronic illnesses reduces necessary care down the road, the trials may lead to a expansion of Medicaid benefits that actually reduces costs, through keeping seniors healthier for longer.
I hope you find these July 2023 e-newsletter articles interesting and informative. Please don’t hesitate to contact our office if your family members or friends need help with any Elder Law, Estate Planning or Probate Law issue.
Richard F. Meyer, Esq.
Contact R. F. Meyer & Associates with your legal questions
If you have questions about any Elder Law, Estate Planning or Probate issue, contact R. F. Meyer & Associates for help. Reach our law offices in Worthington by calling 614-407-7900, by sending an email to [email protected], or by completing the Contact form on our website at ElderLaw.US/Contact.