Patricia E. Kefalas Dudek
Advocate for Elders, People
with Disabilities
and Their Families
Below are links to information relevant to my law practice relating to Elder Care Issues.



Search:

To find your areas of interest on either my website or blog, use search buttons below:



Website


Blog


 

Articles & Publications

2008 Cost of Care Survey (Genworth Financial - April, 2008)
Home care providers, Adult day health care facilities, assisted living facilites and nursing homes.

7 Tips for Selecting Long-Term Care Insurance
As the massive Baby Boomer generation braces for retirement, many are turning to long-term care insurance to prepare for potential age-related care.

A Hidden Crime (WashingtonPost.com - Jan. 27, 2008)
As though declining health, impending mortality and other challenges weren't hard enough, too often old age is also plagued by abuse, neglect and exploitation.

Adult Protective Services, Institutional Abuse and Long Term Care Ombudsman Program Laws: Citations by State (ABA)
Information about laws related to elder abuse and analysis of adult protective services laws.

Analysis of State Adult Protective Services Laws (National Center on Elder Abuse)
Three sets of charts on adult protective services (APS) laws are available. These charts were prepared for the National Center on Elder Abuse by the ABA Commission on Law and Aging.

Assessment of Patients' Competence to Consent to Treatment (New England Journal of Medicine - Nov. 1, 2007)
This Journal feature begins with a case vignette highlighting a common clinical problem.

Assuring Healthy Caregivers (Centers for Disease Control & Prevention)
Presents key questions and methods to help program developers, planners and evaluators use the framework in their work on caregiving.

At Many Homes, More Profit and Less Nursing (New York Times - Sept. 23, 2007)
Some families of residents say structures unjustly protect investors who profit while care declines.

Better Endings
More than two million people die each year in the United States. Anguish and confusion abound, not only for the dying person but also for caring family members and friends.

Caring.com
A new resource for advice and information for adults with aging parents. (A special thanks to Valerie Lafferty for sending it my way.)

Caregiving Stress - Hazardous to Your Health and Sometimes Deadly (Nat'l Care Planning Council - Dec. 11, 2007)
A 2003 study of caregivers by a research team at Ohio State University has proven the off-repeated adage "stress can kill you" is true.

Caring for Aging Parents form a Distance: A Growing Problem (L.A. Times - Jan. 6, 2008)
As medical advances keep the elderly alive longer, more adult children must take on the task of keeping them safe and independent. A new industry of caregivers is emerging to help them.

Discrimination Suits by Family Caregivers on the Rise (Elder Law Prof Blog - Oct. 25, 2007)
As the number of employees with elder and child care demands grows, more workers are filing lawsuits claiming they've been discriminated against on the job because of their family caregiving obligations.

Elder Care Practice Tips (Sanford J. Mall)
In the midst of our efforts to learn the new Medicaid rules and how the implementation of the Deficit Reduction Act of 2005 in Michigan will affect our clients, it is easy to lose sight of the main objective of eldercare planning - improving / enhancing the quality of life of the elder.

Facing Up to the Costs of Long-Term Care (CNN Money - Oct. 2007)
No matter how well you plan your retirement, the catastrophic expense of long-term care could ruin it all. Insurance looks like the obvious solution. Turns out it's anything but.

Financial Steps for Caregivers (Women's Institute for a Secure Retirement)
"What you Need to Know About Money and Retirement" is designed to help identify financial decisions you may face as a caregiver.

Fighting Bedsores With a Team Approach (New York Times - Feb. 19, 2008)
Bedsores: an area of skin breakdown that occurs when sustained pressure cuts off blood circulation - usually in patients confined to their beds in hospitals and nursing homes - a bedsore can result in a wound so deep and painful that some patients require narcotics. If a bedsore becomes infected, the complications can be fatal.

Funding for Long-Term Care Programs (AARP - Aug. 20, 2008)
This AARP Public Policy Institute research paper examines the extent to which states have balanced the delivery of Medicaid-funded long-term care (LTC) services and supports to people in their homes (or in more home-like settings in their communities) and in institutions.

How to Choose a Good Nursing Home (Elder Law Corner)
How do you go about finding a good nursing home, one which will properly care for the emotional as well as physical and medical needs of your family member?

How to Fight a Nursing Home Discharge (Elder Law Answers)
Nursing homes are required to follow certain procedures before discharging a resident, but a facility may occasionally attempt to "dump" an undesirable resident by transferring the resident to a hospital and then refusing to let the him or her back in. However, residents can fight back and challenge such discharges.

Information About Laws Related to Elder Abuse (ABA Commission)
Background info about federal and state statutes related to elder abuse.

Institute of Medicine Report Recommends Improving Direct-Care Jobs (PHI Press Release)
Information on the Institute's latest report, "Retooling for an Aging America: Building the Health Care Workforce."

Is the Quality of Elder Care in Jeopardy? (San Luis Obispo.com - Sept. 2007)
How safe are your loved ones in residential care facilities?

Judge: State Shares Guilt in Death of 94 Year Old (Lansing State Journal - Nov. 15, 2007)
The state is partially responsible in the death of a 94-year-old Lansing woman, a judge said Wednesday as he sentenced the woman's caregiver to six to 15 years in prison.

Kaiser Daily Health Policy Report (KaiserNetwork.org - Jan. 17, 2008)
USA Today examined how a "projected long-term explosion of health care costs could force sweeping changes" in Medicare, private health insurance and Social Security, as part of a series on the effects of the retirement of baby boomers.

Long Term Care Legal Resource Manual (Michigan State Long Term Care Ombudsman Program)
Several years ago, Kelly Quardukus and Elder Law of Michigan undertook a project to compile federal and state law and regulations relating to long term care. It was recently reformatted and renamed Federal and State Regulation of Nursing Homes. Note: this is a 772 page pdf document, so may take some time to download.

Malnutrition and Dehydration in Nursing Homes (Nat'l Citizens' Coalition for Nursing Home Reform - June, 2000)
Researchers in the United States have found that malnutrition is epidemic in the elderly population in America.

Michigan Department of Community Health
Memo re: MI Choice Wait List Quarterly Review

More Employers Face Caregiver-related Suits (USA Today - Oct. 2007)
As the number of employees with elder and child care demands grows, more workers are filing lawsuits claiming they've been discriminated against on the job because of their family caregiving obligations.

More Michiganders Weighing the Costs for Long-Term Care (Freep.com - Jan. 1, 2008)
Not everyone will meet Medicaid's stringent income requirements to qualify for nursing home benefits. Medicaid, run jointly by the state and federal governments, will pay for nursing home care after most of a person's assets have been depleted.

Neglect of Older Persons: Legal Issues Related to Caregiver Duty and Liability (National Center on Elder Abuse)
An introduction to legal issues related to liability for neglect of older persons.

New Nursing Homes are Delightful (Smart Money - Feb. 28, 2008)
Slowly but surely, far-flung revolutionaries are upending the nursing-home industry by transforming the culture of nursing homes themselves.

Nursing Homes Undertreat Dementia Patients' Pain (Reuters - April 30, 2008)
Nursing home residents with dementia appear to be less likely to receive pain medication than other residents, even though they have just as many painful health conditions, a new study suggests.

Nursing Home Suits Face New Litigation Hurdles (Lawyers USA - 10/9/08)
Plaintiffs' lawyers seeking to bring negligence cliams against nursing homes are seeing a number of new obstacles.

Old Story: Hoping to Age in Place (Chicago Sun Times - Feb. 1, 2008)
Welcome to the Sandwich Generation: adult children struggling to maintain their own homes and lives while helping their parents live out their lives at home, rather than in managed care.

Partnering for Better Care (Boston.com - Oct. 2007)
Now that Massachusetts has made significant progress toward guaranteed access to healthcare, the Commonwealth must turn to a new challenge: ensuring that the medical care provided is of the highest possible quality.

Personal Care Contracts (Elder & Disability Law Firm)
Millions of Americans are currently caring for an elderly family member or friend, without receiving compensation. Depending on the circumstances, however, it may actually be beneficial for both parties to enter into a care contract wherein the caregiver accepts payment for the care they are providing their loved one and also formally assumes responsibility for that care. To see drafts of two such contracts, click on: Personal Care Contract and Personal Service Contract.

Senior Citizens Fear Nursing Home, Loss of Independence More than Death (Senior Journal - Oct. 2007)
Results of a very enlightening research study that examines the attitudes and anxieties of the nation's elderly population and the baby boomers who care for them.

Senior Housing (NAELA - 11/2008)
An online navigational tool designed to help you and your clients find senior housing anywhere in the nation faster and easier.

Toolkit for supporting safe staffing ratios in nursing homes
The Long Term Care Community Coalition has developed a toolkit for people to speak out to support safe staffing standards in nursing homes. The toolkit includes sample letters, brief reports addressing the need for staffing standards and overcoming the challenges, a petition form, and more resources.

Top 10 Things to Discuss With Your Parents (Caring Right at Home - May 1, 2008)
As you were growing up, your parents probably sat you down plenty of times for “a talk.” Is it time to reverse the process?

When the Wrong Person is in Charge of an Aging Parent (Seattle Times - Feb. 11, 2008)
Sometimes the most difficult burdens in eldercare aren't created by our parents but by other family members.
Organizations and Services

Assisted Living Consumer Alliance
A national collaboration of groups and individuals working together to promote consumer safety, choice, and rights in assisted living.

Caregiving.com
Caring for an aging relative is hard. We know. We're here to help.

Citizens for Better Care
A non-profit advocacy agency for residents of nursinghomes, adult foster care homes, assisted living programs and homes for the aged located in Michigan.

ElderCare Link
A site that simplifies the process of connecting with qualified assisted living providers.

Ethnic Elders Care
A site designed specifically for people who are or will be caregivers to ethnic elders with Alzheimer's disease and related disorders.

Family Care Navigator
This state-by-state resource is intended to help you locate government, nonprofit, and private programs in your area.

Family Caregiver Alliance (National Center on Caregiving)
A public voice for caregivers. Pioneering programs to support and sustain the important work of families nationwide caring for loved ones with chronic, disabling health conditions.

Michigan Campaign for Quality Care
A non-partison, grassroots group seeking better care, better quality of life, and better choices for Michigan's long term care consumers. Check out their archives of informative newsletters.

Michigan Long Term Care (State of Michigan)
Info regarding long term care in Michigan, including Caregiver Assessment and Referral Process and related Position Paper.

Michigan Long Term Care Connection
A coordinated system of information and assistance in planning and arranging for long-term care services.

Michigan Office of Services to the Aging
State resource for information on aging in Michigan. If you're an older adult, family member, or caregiver, here you can easily find and be referred to community programs available in your local area.

National Care Planning Council
A comprehensive resource for long term care planning.

National Center on Elder Abuse
Directed by the U.S. Administration on Aging, it's commitment is to help national, state, and local partners in the field be fully prepared to ensure that older Americans will live with dignity, integrity, independence, and without abuse, neglect, and exploitation.

National Clearinghouse on Abuse in Later Life (Wisconsin Coalition Against Domestic Violence)
Program development, policy and technical assistance and training that addresses the nexus between domestic violence, sexual assault and elder abuse/neglect.

National List: Nursing Homes Targeted for High-risk Pressure Ulcer and/or Physical Restraint Improvement (Centers for Medicare & Medicaid Services - 2007)
A list of 62 facilities that consistently offer poor care to nursing home residents and continually fail to comply with national standards.

State Ombudsmen List - June, 2007 - A list of state advocates. If you do not get the type of response you need, please contact me for a local PI or Elder Care Lawyer: pdudek@pekdadvocacy.com.

Noteworty Newsletters, Websites and Blogs

Caring Right at Home
Information, Advice and Support for Adult Caregiving.

Minding our Elders - Carol Bradley Bursack
A blog from the author of the book by the same name with support for caregivers.

NAELA Newsletter - subscriber question: "Nursing home resident with dementia and a well-documented history of falls, fell against bed frame breaking several ribs. Medical director examined resident but did not send him to ER. Resident died 16 hours later from his injuries at nursing home. The history of falls was well documented. A "Fall Risk Assessment" was done every few months. The Assessment sheet states that if the resident scores 10 or more points, "prevention protocol should be initiated immediately and documented in the care plan." The resident scored consistently between 10 and 16 on the four Assessments before his death, yet none of the Care Plans contain any mention of fall prevention protocols. Are there written standards for these protocols and, if so, where might these be found?" See Fall Prevention: Definitions and Measurements.

Nursing Home List - Here's a list of all the nursing homes and the type of payment (medicare/medicaid) they accept and number of beds for each. This is really helpful information for folks looking to secure placement in a particular nursing home and they need to wait for a medicaid bed to open up.

Senior Decision.com
A free website offering consumer reviews and ratings for nursing homes, retirement homes, assisted living facilities and home health agencies. Seniors and caregivers with first-hand experiences they want to share are invited to submit reviews to the site.

Senior Truth - Ed Long
Impartial info for seniors and families on elder care, law, finances, consumer protection and more.

Recommended Books & Publications

Hard Choices for Loving People - Hank Dunn, Chaplain
CPR, artificial feeding, comfort care, and the patient with a life-threatening illness.

Health Information Technology and Long Term Care
A report to the National Commission for Quality Long-Term Care.

Task Force on Guardianships and Conservatorships - Michigan Supreme Court
Final Report from the Michigan Supreme Court.