Berry, Quackenbush and Stuart:  Columbia Attorneys
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Last Updated:  10.02.2006

 


Question 1. How can I apply for Medicare/Medicaid?
Medicaid is a state and federal partnership that provides health coverage people with low incomes, and is administered by the South Carolina Agency for Health Administration. Application is through the Department of Social Services. Medicare is a health insurance program for social security eligible members aged 65 and over, and is administered by the Health Care Financing Administration branch of the Department of Health and Human Services. Application should be made through your local Social Security office or by calling (800) 772-1213.

Question 2. I need at-home care. Will insurance cover it?
It depends on your medical condition, circumstances, and insurance coverage. If you have private insurance (disability and/or health), it is suggested you contact your insurance carrier to determine your coverage. If you qualify for Medicaid/Medicare, contact that office and inquire.

Question 3. I know an elderly person who is being abused. What can I do?
The National Abuse Hotline phone number is (800) 96-ABUSE. "Elderly" applies to persons at least sixty years of age who are suffering from the physical or mental infirmities of aging and cannot adequately provide for his or her own care or protection. If the abused does not meet the "elderly" standard, and the abuser is a family member or member of the person's household, a petition for an injunction against domestic violence may be considered. However, if the abused is incapable of filing a petition and is in need of immediate assistance, call your local police.

Question 4. I want to get my parents into a nursing home. Will they have any special legal rights if they go into one?
Under both state and federal law there are a number of rights that residents in long term care facilities have in relation to the care and treatment that they receive from these institutions. Generally, they have the right to be treated with respect and dignity and to be notified of what is going on with their care. If you have a specific question about whether someone's rights are being violated by an institution you should contact an attorney.

Question 5. My parents/relative are getting older. How can I help them pay their bills and get them help around the house?
There are various options available including the creation of Special Needs Trusts or the establishment of a durable power of attorney. For a power of attorney, your parent or relative must be capable of understanding what they are doing to grant the power of attorney. If they are no longer competent to do so then having the probate court appoint a guardian and/or conservator may be appropriate. These decisions should be made with the advice of a qualified estate planner and as a part of a comprehensive estate plan, therefore we suggest you contact an attorney for advice on your particular situation.

 




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