Elder Law Answers
Protecting Your House After You Move Into a Nursing Home
While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is po...
Read moreCan Medicare Force a Senior Who Falls a Lot at Home Into a Nursing Home?
- May 17th, 2018
Q
My 90-year-old cousin lives by herself. She's in overall good health but she has fallen a few times. She wears a medical alert button and can summon the paramedics fairly quickly. Her neighbor, who is a retired nurse, told her that if she falls too many times, Medicare won't pay and can force her to go into a nursing home. This has been very upsetting to her. Is this true?
A
No, Medicare can’t force anyone into a nursing home. Emergencies should be fully covered, but there are some limitations on Medicare coverage, which could result in the senior being admitted to a nursing home. At some point the hospital may determine that it’s not safe to discharge your cousin back to her home, but Medicare will no longer pay for her to stay in the hospital because she no longer needs medical care. This can get complicated. In theory, we’re all entitled to make our own autonomous decisions about our health and living situations, even bad decisions. But along with some age bias, there is the reality that some seniors start losing their capacity and may not make decisions that they would make if perfectly competent. When these types of disputes arise, the hospital may seek guardianship over the senior along with placement in a nursing home.
Local Elder Law Attorneys in Ashburn, VA
Meet John Laster
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John Laster
Law Offices of John L. Laster
John Laster is a lawyer licensed to practice in Virginia, Maryland and the District of Columbia. He limits his practice to wealth transfer planning, trusts, wills, powers of attorney, health care decision-making issues, estate administration and related tax, elder law and disability concerns. Listed in The Best Lawyers...
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Meet Loretta Williams
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Loretta Williams
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
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Meet Judith Mitnick
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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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