Some employers intentionally or unintentionally misclassify employees as independent contractors. This means that workers receive fewer benefits and protections than those to which they should be entitled. The question of whether a worker is an employee or an independent contractor is not as straightforward as the label that the employer applies. Instead, determining their status will require considering factors such as whether the business has the authority to direct the worker’s performance of their job duties and control the business aspects of the worker’s job.
Federal law requires a minimum wage of $7.25 per hour, unless an employee is “exempt” under the law, but some states have a higher minimum wage. Moreover, distinctive rules apply to tipped workers. Justia has compiled a 50-state survey of minimum wage laws. This addresses issues such as the general minimum wage, the minimum wage for tipped employees, and the government agency in that state that enforces minimum wage laws. The survey also includes links to applicable statutes so that an employee can research the topic further.
The federal Fair Labor Standards Act provides a right to overtime pay for non-exempt employees. This consists of time and a half wages for every hour worked beyond 40 hours in a workweek. Often, a failure to pay overtime as required affects a large number of employees. They may be able to bring a class action against the employer to recover compensation.
Although federal law does not require an employer to provide meal breaks to employees, some states require meal breaks. Justia provides a 50-state survey that explains this topic in detail. It covers issues such as whether a state requires meal breaks or rest breaks, or both, as well as whether distinctive rules apply to minors and which state agency enforces these laws.
The federal Age Discrimination in Employment Act applies to employers with 20 or more employees. It prohibits age discrimination in employment when it affects workers who are 40 or older. A worker who believes that their rights under the ADEA have been violated can file a complaint with the Equal Employment Opportunity Commission. In addition, some states have enacted age discrimination laws that cover a broader range of employers or employees, or both. Justia has compiled a 50-state survey on employment discrimination laws that discusses this additional layer of protection.
While federal statutes do not explicitly prohibit sexual orientation discrimination, the U.S. Supreme Court ruled in 2020 that the prohibition against sex discrimination in Title VII of the Civil Rights Act covers employment discrimination based on sexual orientation and gender identity. This means that a company covered by Title VII cannot refuse to hire a job applicant just because they’re gay. In addition, many states have enacted anti-discrimination statutes that specifically cover sexual orientation and gender identity, or have decided to interpret state laws against sex discrimination similarly to Title VII.
The Americans With Disabilities Act requires an employer to make reasonable accommodations for employees and job applicants with disabilities who are otherwise qualified for the job. These accommodations are meant to allow the employee to perform an essential function of the job or receive equal benefits and privileges. An accommodation may take the form of a modest physical change to a workplace or carving out an exception in a workplace policy, among other examples. An employer does not need to provide an accommodation that would pose an undue hardship, although this usually requires more than the fact that an accommodation would cost something.
Probably the most infamous form of sexual harassment is quid pro quo harassment. This involves a direct exchange of sexual favors for a job benefit, or to avoid the loss of a job benefit. However, behavior that is sufficiently severe or pervasive may create a hostile work environment, which also may support a sexual harassment claim. A single incident of sexual assault may meet the hostile work environment standard by itself, while a pattern of gestures, unwelcome touching, or verbal or electronic harassment may have a cumulative effect that creates a hostile work environment.
The federal Family and Medical Leave Act allows many employees to take up to 12 weeks of unpaid leave in a year if one of their immediate family members suffers from a serious illness. However, the FMLA covers only employers with at least 50 employees within a 75-mile radius, and the employee must have worked for the employer for at least 12 months, and have worked for at least 1,250 hours during the 12 months preceding the leave. State laws on family and medical leave may provide greater benefits or cover more employers or employees. Justia provides a 50-state survey on these laws.
Benefits available through workers’ compensation generally include reasonable and necessary medical expenses, as well as any vocational rehabilitation that may be needed. An employee also may recover disability benefits to replace a portion of their lost wages. These benefits generally vary depending on whether the disability is permanent or temporary, and whether it is total or partial. Sometimes a worker may choose a lump sum settlement instead of recurring benefits payments, but these arrangements have important pros and cons to weigh carefully before reaching a decision.
When a dispute arises in the workplace, an employee ideally should consult an employment lawyer who can explain how the nuances of the law apply to their specific situation. However, the Employment Law Center in the Justia Legal Guides offers a starting point for any legal research that the employee conducts on their own. It can give them a general sense of their rights and obligations, as well as those of their employer. Thus, the Employment Law Center furthers Justia’s mission of making the law free and accessible for all.
]]>Anna Blood is the founding attorney and CEO at Blood Law, a law firm experienced in family law and estate planning. In our upcoming webinar, Empowering Women in Family Law: Strategies for Success, Anna will explore the challenges and opportunities for women practicing law, and present effective strategies to give your career advancement a boost.
The presentation will begin promptly at 12:00 p.m. ET/9:00 a.m. PT on Wednesday, March 27, 2024. The recording of this broadcast will also be available to Justia Connect Pro members shortly after the live event.
Justia Webinars are open to all U.S. attorneys. To attend a Justia Webinar, you must first activate your free Justia Connect membership for legal professionals by claiming your free Justia Lawyer Directory profile. If you have already claimed your Justia Profile in the Justia Lawyer Directory, your membership is active.
Once your profile is claimed or you already have an active membership, you can register for the presentation in just a few clicks via the Justia Connect dashboard or the Justia CLE & Webinar Center!
Empowering Women in Family Law: Strategies for Success is approved for one hour of General CLE credit in California, one hour of General CLE credit in South Carolina (all levels), and one hour of Legal Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0.5 credit hours will apply to Legal Ethics/Professional Responsibility credit. Other jurisdictions may award CLE credit via applicable self-submission policies or reciprocity rules.
While all lawyers are invited to join us for this webinar, CLE credit is an exclusive membership benefit offered for our Justia Connect Pro members. You can upgrade to Justia Connect Pro here to start taking advantage of this benefit.
Elevate your career with strategies and insights to propel your career forward as you navigate the field of family law by signing up for our free, upcoming webinar today! If you have additional questions about this webinar, you can get more details and register on the webinar page.
Want to learn more about our Justia Connect membership program? Explore the Justia Connect Help Center.
]]>If you are frustrated with losing leads, or would just like to see if there is something more you can do to convert more leads into actual clients, join our upcoming webinar to see how you can improve your consultation process and elevate your legal practice today!
Adam Boyd is the principal at The Northwood Group, a sales development company for law firms big and small. In our upcoming free webinar, Converting Leads to Clients: Navigating the Critical Moments in Legal Consultations, Adam will discuss the do’s and don’ts of legal consultations, covering the mistakes, the opportunities, and the best practices to better engage potential clients and upgrade the effectiveness of your consultations to increase client retention.
The presentation will begin promptly at 2:00 p.m. ET/11:00 a.m. PT on Friday, March 22, 2024. The recording of this broadcast will also be available to Justia Connect Pro members shortly after the live event.
Justia Webinars are open to all U.S. attorneys. To attend a Justia Webinar, you must first activate your free Justia Connect membership for legal professionals by claiming your free Justia Lawyer Directory profile. If you have already claimed your Justia Profile in the Justia Lawyer Directory, your membership is active.
Once your profile is claimed or you already have an active membership, you can register for the presentation in just a few clicks via the Justia Connect dashboard or the Justia CLE & Webinar Center!
Don’t miss out on this opportunity to stay ahead of the competitive legal landscape and learn how you can elevate your legal consultations and turn the “maybe” into a “yes!” If you have additional questions about this free webinar, you can get more details and register on the webinar page.
Want to learn more about our Justia Connect membership program? Explore the Justia Connect Help Center.
]]>William Macumber was accused of a double murder in Scottsdale in 1975, but another man had told his attorney that he committed the crime. That man then died in prison. The attorney, Thomas O’Toole, sought to testify at Macumber’s murder trial about the statements of his client. The trial judge refused to allow O’Toole to testify because the attorney-client privilege covered the confession, and the privilege was not waived. The Arizona Supreme Court held in January 1976 that the trial court had the power to assert the privilege in the absence of the person who made the confession. Macumber was convicted and sentenced to life in prison. He would spend the next 37 years there.
Although the stakes are rarely as high as they were in the Macumber case, the attorney-client privilege can make or break the outcome of a legal proceeding. The Lawyers and the Legal Process Center in the Justia Legal Guides describes the scope of the privilege, including its applicability to communications that disclose misconduct by a client. While communications regarding past crimes or misconduct (such as the confession in the Macumber case) generally fall within the privilege, communications regarding future crimes or misconduct fall outside its protections. An attorney also may have a duty under the rules of professional conduct in their jurisdiction to report information if this would prevent serious harm to someone.
The scope of the attorney-client privilege is just one of several concepts to understand when preparing to work with a lawyer. Another key concept is the fee structure that the attorney might use. The traditional structure is an hourly fee, which means that the client pays according to the amount of time that the attorney spends on a matter. However, a contingency fee structure tends to apply in personal injury cases, as well as some other matters in which clients have limited funds. In a contingency fee structure, the attorney collects their fee as a percentage of a settlement or judgment recovered for the client. A third fee structure is simply called a flat fee. Sometimes used in very simple matters, this means that the attorney charges a fixed rate for providing a service, regardless of how much time they spend on it.
When a client retains an attorney, they will need to sign a representation agreement. Some of the core provisions in a representation agreement involve the fee, covering not only the structure but also how it will be paid. Financial provisions in the agreement also may describe the payment of court costs or any other expenses beyond the attorney’s fee. Not all of the provisions in the agreement involve money, though. For example, the agreement may require the attorney to get permission from the client before taking certain actions. A client will need to weigh how much control they want to have over the relationship.
Even if they are working with an attorney, someone considering a lawsuit (or already involved in a lawsuit) may want to know about how the court process unfolds. A lawsuit usually starts with a complaint, which the plaintiff files with the court and serves on the defendant. In the complaint, the plaintiff explains the basis for their claim and the remedy that they are seeking, such as money or an order to tell the defendant to do or not do something. After the defendant gets the complaint, they can file an answer that admits or denies each of the allegations by the plaintiff.
Each side then must gather evidence to support their positions. This is called discovery, which may consist of procedures like depositions, interrogatories, and requests for production. A deposition involves answering questions under oath, while an interrogatory involves answering written questions, and a request for production asks for tangible items of evidence. Sometimes the parties settle their dispute at this point because the evidence collected through discovery illuminates the strengths and weaknesses of their respective positions.
A pre-trial motion is another way in which a case may end before trial. For example, a defendant might try to get the case dismissed if they think that the court does not have jurisdiction over them. Either party might ask the court for summary judgment, which means that there is nothing for a jury to resolve because the facts are undisputed, and one side is entitled to judgment based on the law. If these pre-trial motions do not succeed, and the parties do not settle, the case will go to trial. Whoever loses at trial might appeal if they feel that a mistake by the trial court shaped the outcome.
Not every dispute needs to go through the labyrinth of litigation. This process is often lengthy, expensive, and uncertain, since the outcome cannot be fully predicted. As a result, clashing parties may choose an alternative form of dispute resolution. The two most common forms are mediation and arbitration. Mediation involves the assistance of a neutral third party, who can help the parties reach a compromise that is acceptable to each of them. A mediator does not have the authority to impose an outcome on the parties.
Arbitration is more formal than mediation and may lead to a binding outcome unless the parties have chosen to proceed through non-binding arbitration. An arbitrator or a panel of arbitrators imposes a certain outcome on the parties after reviewing testimony and evidence. Many contracts contain arbitration clauses that require disputes involving the contract to proceed through arbitration rather than traditional litigation, although these clauses are not always enforceable. A party dissatisfied with the result of an arbitration proceeding might consider appealing to a court, although this tends to be an uphill battle.
An ordinary person facing a legal dispute may not know where to start or what to expect. Generally, they should consult a lawyer about how the law applies to their situation. Attorneys in many areas of law offer free consultations or case evaluations at which a potential client can gain insights into the strength of their position. In the meantime, the Lawyers and the Legal Process Center provides some basic information about how legal representation works, as well as the stages of a lawsuit and alternatives to court. Like the other Justia Legal Guides, it aims to make the law transparent and accessible to all.
]]>March 2024 Update: This webinar occurred on March 11, 2024. The recording of this presentation is now available to Justia Connect Pros. Upgrade today to unlock access. Go Pro >
With the dynamic landscape of search engine optimization and digital marketing, you may have found yourself wondering how your website fares with the ever-changing algorithm, whether it is truly optimized, or even where to look to find all of this information. Google Search Console may be the answer you were looking for all along. As a comprehensive tool that can help monitor and track site performance, indexing, and core web vitals, Google Search Console can be both an important resource to use as well as a difficult one to understand.
Join Gustavo Montes as he walks you through the key features of Google Search Console in this upcoming webinar. Whether you are a lawyer with a lot of experience in SEO or completely new, you can stay ahead of your competition and elevate your online presence by mastering this one Google tool.
Gustavo Montes is the Director of SEO at Justia. With over two decades of experience, Gustavo is well-versed in the world of SEO and will bring his unique expertise, insight, and knowledge to the table.
In our upcoming webinar, Google Search Console for Lawyers: The Secret Weapon You Didn’t Know You Had, Gustavo will guide you through the basics of Google Search Console, its key features, and tips and tricks to help you effectively navigate the platform to assess your site’s health and performance.
The presentation will begin promptly at 2:00 p.m. ET/11:00 a.m. PT on Monday, March 11, 2024. The recording of this broadcast will also be available to Justia Connect Pro members shortly after the live event.
Justia Webinars are open to all U.S. attorneys. To attend a Justia Webinar, you must first activate your free Justia Connect membership for legal professionals by claiming your free Justia Lawyer Directory profile. If you have already claimed your Justia Profile in the Justia Lawyer Directory, your membership is active.
Once your profile is claimed or you already have an active membership, you can register for the presentation in just a few clicks via the Justia Connect dashboard or the Justia CLE & Webinar Center!
Demystify the complexities of Google Search Console and elevate your online presence by joining our webinar today! If you have additional questions about this webinar, you can get more details and register on the webinar page.
Want to learn more about our Justia Connect membership program? Explore the Justia Connect Help Center.
]]>March 2024 Update: This webinar occurred on March 08, 2024. The recording of this presentation is now available to Justia Connect Pros. Upgrade today to unlock access. Go Pro >
Join us for our upcoming Justia Webinar with Jake Rheaume as he guides you through the intricacies of loan transactions, from documents regarding the home-buying process to SBA loans for small businesses. You do not need to be a financial advisor or finance attorney as this webinar will simplify the complex loan transaction documents sitting on your desk to easily digestible content that you can tackle. If complicated loan documents are giving you a headache, sign up for this webinar today and learn practical tips and tricks to understanding loan transactions and transforming the way you counsel your clients!
Jake Rheaume is a finance associate attorney with experience representing institutional lenders. In our upcoming CLE webinar, Understanding Loan Transactions for the Non-Finance Attorney, Jake will dive into the anatomy of a loan document package and simplify its complexities and nuances for non-financial attorneys. Jake will also share practical advice you can use to counsel your borrowers and enhance your law firm practice.
The presentation will begin promptly at 4:00 p.m. ET/1:00 p.m. PT on Friday, March 08, 2024. The recording of this broadcast will also be available to Justia Connect Pro members shortly after the live event.
Justia Webinars are open to all U.S. attorneys. To attend a Justia Webinar, you must first activate your free Justia Connect membership for legal professionals by claiming your free Justia Lawyer Directory profile. If you have already claimed your Justia Profile in the Justia Lawyer Directory, your membership is active.
Once your profile is claimed or you already have an active membership, you can register for the presentation in just a few clicks via the Justia Connect dashboard or the Justia CLE & Webinar Center!
Understanding Loan Transactions for the Non-Finance Attorney is approved for one hour of General CLE credit in California, North Carolina, and South Carolina (all levels). This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours. Other jurisdictions may award CLE credit via applicable self-submission policies or reciprocity rules.
While all lawyers are invited to join us for this webinar, CLE credit is an exclusive membership benefit offered for our Justia Connect Pro members. You can upgrade to Justia Connect Pro here to start taking advantage of this benefit.
Sign up for this webinar to unravel the complexities of loan transaction documents today! If you have additional questions about this webinar, you can get more details and register on the webinar page.
Want to learn more about our Justia Connect membership program? Explore the Justia Connect Help Center.
]]>For lawyers seeking to maximize the potential of Google Local Services Ads (LSAs), staying informed about the evolving LSA landscape is crucial. Justia’s dedicated legal marketing specialists actively monitor these changes, ensuring law firms have the latest insights from the exclusive Google Partner newsletter.
LSA is introducing a direct business search feature to enhance your reach when customers search for your brand or business. Now enabled across all accounts, this feature allows you to display and receive leads directly from users searching for your business on Google. When a direct search occurs, your LSA ad becomes eligible to appear, and calls connected through this ad are screened by Google, prompting the customers to identify themselves as new or returning clients. Consequently, no charges would be incurred for leads from returning customers.
If you prefer not to receive leads through this particular feature, you have the option to turn off the feature on your Profile & Budget page. For more detailed information, you can refer to the Help Center article or contact your LSA representative with any additional questions about this feature.
Disclaimer: This feature was not fully rolled out at the time of publishing. Thus, you may not be able to see it on your LSA yet.
This release is limited to the United States and applies exclusively to English search terms within California, accessible on mobile devices (currently available only on iOS). The billing and pricing structure for these new ads will remain consistent. This launch signals an expansion of advertising reach within this specific region and platform.
Google is simplifying the process of increasing lead generation by highlighting simple profile optimizations. On your Profile & Budget page, you’ll find suggestions to enhance your ranking and boost lead volume, such as Google’s Service Areas recommendations tailored to areas with search volume matching the services you provide. Make sure you opt into these areas for maximum benefit.
Tailored digital marketing solutions, including Google Local Services Ads, are essential for lawyers aiming to grow their practices. Keeping abreast of the latest updates for LSAs ensures your ads reach their full potential, and our Justia Amplify team is ready to help you harness this power. Contact us today for a free consultation and increase your online visibility.
]]>March Update: This webinar occurred on March 01, 2024. The recording of this presentation is now available to Justia Connect Pros. Upgrade today to unlock access. Go Pro >
Marketing your firm is no longer limited to Yellowbooks and commercials of old. In a space where social media, websites, and online ads dominate, it can be easy to get lost in the shuffle. However, while everyone may do social media marketing, search engine optimization, and Google Ads — not everyone does videos. You can learn how to stand out from the crowd by effectively marketing your firm through video strategy and production, as well as how to create video content relevant to your law firm’s practice with Robert Weiss.
Our upcoming Justia Webinar explores the basics of video strategy and the how-tos in presenting yourself and your knowledge through compelling video production. Sign up for this webinar today and see how video marketing can help you elevate your marketing strategy!
Robert Weiss is the president of MultiVision Digital, a production and video marketing company that has produced over 1,500 videos since its inception. In our upcoming webinar, Law Firm Video 101: Establishing Trust With an Effective Video Strategy, Robert will discuss the effectiveness of video in your marketing strategy, and provide insight into how video can best fit you and your business.
The presentation will begin promptly at 2:00 p.m. ET/11:00 a.m. PT on Friday, March 01, 2024. The recording of this broadcast will also be available to Justia Connect Pro members shortly after the live event.
Justia Webinars are open to all U.S. attorneys. To attend a Justia Webinar, you must first activate your free Justia Connect membership for legal professionals by claiming your free Justia Lawyer Directory profile. If you have already claimed your Justia Profile in the Justia Lawyer Directory, your membership is active.
Once your profile is claimed or you already have an active membership, you can register for the presentation in just a few clicks via the Justia Connect dashboard or the Justia CLE & Webinar Center!
Take advantage of this opportunity to learn about the basics of video strategy and production today! If you have additional questions about this webinar, you can get more details and register on the webinar page.
Want to learn more about our Justia Connect membership program? Explore the Justia Connect Help Center.
]]>The guide is divided into four main areas, which are considered the core building blocks for success on TikTok. According to TikTok, campaigns can easily achieve repeatable and reliable results if set up properly. Let’s take a quick look at some of these highlights.
In this section, TikTok provides an overview of the ad process and bidding options. TikTok suggests beginning with upper funnel conversion events instead of immediately opting for lower funnel events. According to TikTok, this approach is crucial for scalable growth and sustained performance. Utilizing TikTok’s data connections to track and understand consumer actions on your website can enhance conversion rates.
Follow the best practices to make the most of your budget. It’s recommended to set budgets for both campaigns and Ad Groups. Your chosen bidding strategy guides TikTok’s system on how to bid in the ad auction. Therefore, picking a strategy that aligns with your main campaign’s efficiency goal is essential. During the learning stage, a crucial step, the system actively seeks out and targets new customers to identify the most relevant audience for your Ad Groups.
This section covers the best practices for maintaining the longevity of your creative content on the platform, including formatting tips. It also provides insights on preventing audience fatigue, which occurs when you’ve reached your ad’s maximum number of interested viewers. TikTok suggests actions to take if this situation arises.
Understanding campaign performance and capturing the full value of campaigns is achievable by following attribution recommendations and using measurement solutions. This approach helps users understand their audience’s actions after viewing TikTok ads, empowering them to make informed decisions and optimize their potential on the platform.
As highlighted in a previous blog post, embracing innovative marketing approaches can be pivotal for expanding your practice. TikTok could be the perfect tool to leverage your legal marketing strategy. Moreover, influential lawyers are actively engaging on the platform, and it’s worth noting that a significant portion of your prospective clients are already active users on this platform.
Consider giving TikTok ads more attention this year, even if you already feel confident with your current marketing strategy. Exploring this official guide can unveil valuable tips that could alter your perspective and enhance your results.
Investing in search engine marketing is crucial and highly recommended for keeping up in the ever-evolving digital world. Enhance the effectiveness of your online advertising with Justia Amplify, our specialized digital advertising management service crafted to boost conversions and maximize your return on investment. To learn more about Justia Amplify, request a copy of our free case studies today.
]]>During this month in 2006, a Texas jury awarded one of the largest verdicts in nursing home history. About a decade earlier, the 81-year-old Tranquilino Mendoza was living at the Comanche Trail Nursing Center in Big Spring when his roommate viciously assaulted him. Mendoza survived the incident but allegedly never recovered psychologically. His family argued that the nursing home knew that the attacker had a long history of violent incidents when they moved him from a locked ward to the room with Mendoza. The jury agreed, issuing a $160 million verdict. After applying statutory damages caps, the judge awarded over $10 million, which was affirmed on appeal.
While the Mendoza case was especially egregious, abuse and neglect happen all too often at nursing homes. The Elder Law Center in the Justia Legal Guides describes some red flags that family members of a nursing home resident should bear in mind when visiting their loved one. These include sudden weight loss, unexplained injuries, or a reluctance by staff to allow the resident to spend time on their own with their family, among other signs. The Elder Law Center also covers several other concerns that may affect older Americans and their families, helping them understand their legal rights and options.
When the family of an elderly person suspects that they may be suffering from abuse or neglect at a nursing home, they should first ensure their loved one’s safety. However, they may eventually consider bringing a lawsuit against the facility and any individual employees at fault. (Even if the facility did nothing wrong, it often may be held vicariously liable as the employer of an at-fault employee.) Most of these cases involve a theory of negligence, which requires showing that the defendant breached a duty of care owed to the elderly person. A violation of an applicable statute or regulation may bolster a plaintiff’s case, but this is not essential.
Not all abuse takes physical forms. Many older Americans, including those who live independently, face a risk of financial abuse like identity theft and credit card fraud. A scammer also may prey on an elderly person by building a friendly relationship with them before cajoling them into making the “friend” an heir or beneficiary in an estate planning instrument. A family member may want to take a closer look at large credit card charges or sudden withdrawals from a bank account, or a relationship that their older relative is developing with a stranger who has no particular reason to be close with them.
Some incidents of financial abuse involve an instrument called a power of attorney. This can allow someone to act on behalf of an elderly person in managing their finances. While a power of attorney can help an elderly person preserve their assets as their health declines, it creates a risk that the agent may abuse their power for their own gain. An elderly person should think carefully before naming an agent in a power of attorney. They also may want to limit its scope to the extent possible. If an elderly person or their loved one finds out that a power of attorney scam has occurred, they can pursue a claim to recover stolen money or property. These usually allege a breach of the fiduciary duty owed by the agent.
Elderly people with serious health conditions will need to carefully weigh their long-term care options, which range from long-term care facilities to assisted living and home care. Long-term care facilities may offer skilled nursing, intermediate care, or simply custodial care. The physical and mental condition of the elderly person will determine the type of facility that best meets their needs. For example, a person with a chronic rather than acute condition might benefit from a stay in an intermediate care facility.
If an elderly person does not need extensive or sophisticated assistance, they might prefer home care to maintain some independence. This allows them to receive services from a combination of providers, such as adult day cares and community organizations. If they choose to stay at home, they might consider modifying their home to improve its safety and accessibility. An intermediate option is assisted living, which preserves more independence than a nursing home while providing more monitoring than someone would receive while living at home. The staff at these facilities can assist with ordinary activities of daily living but do not provide the level of skilled medical care found at a nursing home.
Some Americans may consider purchasing long-term care insurance, but this may be expensive while covering only a limited range of costs. However, a policy that extends more broadly to cover some assisted living and home care expenses may be more worthwhile.
As their faculties wane, older Americans may lean more heavily on their adult children. Areas in which a child might assist an elderly parent include choosing an appropriate long-term care option and devising a plan to pay for its costs. They also might help a parent with financial matters, such as becoming a joint holder of their bank account, helping them set up automatic payments for recurring expenses, or serving as their agent under a power of attorney. A child may want to support a parent in the estate planning process by helping them understand how instruments like wills and trusts work. If a parent has an incapacitating health condition, a child might consider pursuing a conservatorship or guardianship for them. A widowed parent may benefit not only from emotional comfort but also from assistance with matters like handling the estate of their deceased spouse. A child can provide advice and support in this area as well.
In narrow situations, filial responsibility laws may make an adult child liable to pay the expenses of a parent’s care. Filial responsibility laws apply only when a parent qualifies for neither Medicare nor Medicaid and lacks the ability to pay a bill for healthcare services, which is rare. Most elderly people who cannot pay for their care from their own funds will qualify for Medicaid. The government can recover reimbursement for Medicaid from the parent’s estate, but it cannot pursue a child for reimbursement.
Both elderly people and their children should understand the implications of increasing age and declining health. By putting a strong plan in place that accounts for financial, legal, and health concerns, they can better address any exigencies that may arise. If a specific legal question emerges, there is no substitute for consulting an elder law attorney who can offer guidance tailored to the situation. Meanwhile, the Elder Law Center provides a more general overview of some key issues in this area. Like the other Justia Legal Guides, it aims to make the law transparent and accessible to all.
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