Archive for August, 2015

Labor Department to Facilitate State-Based Retirement Plans

Tuesday, August 25th, 2015

The U.S. Department of Labor is taking steps to help workers save for retirement.Littman Krooks Retirement Planning

Job-based 401(k) plans are one of the best ways for employees to build their retirement nest egg by putting aside pre-tax funds, especially if those funds are matched by their employers. However, about one-third of American workers do not have access to a job-based 401(k). While IRAs are available to workers on their own, only a small fraction of people take advantage of them. The Obama administration has proposed legislation that would make enrollment in an IRA automatic for workers who do not have access to a 401(k) plan at work, but that legislation stalled in Congress.

Now, the administration has directed the Labor Department to issue a rule supporting state-based plans that encourage retirement savings. This includes laws in some states that require employers to automatically enroll new employees into IRAs if a 401(k) is not offered, and other state laws that encourage employers to provide 401(k)s.

Until now, state initiatives have been hindered by a concern that their efforts may be preempted or nullified by federal law. According to the Labor Department, the new law will safeguard retirement savings for workers and help states adopt laws on retirement savings that are consistent with federal law.

 

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New Clinical Decision Tool to Help Prevent Falls with Seniors

Monday, August 17th, 2015

A new clinical decision tool is being introduced that will assist medical personnel in helping to prevent seniors from falling.

The technology is called Stopping Elderly Accidents, Deaths & Injuries, or STEADI, and is being designed based on guidelines for fall assessment from the Centers for Disease Control and Prevention (CDC). It is intended to help medical providers screen for falls, intervene to decrease risk, and give patients proper follow-up care. Littman Krooks Elder Law

The CDC already offers a STEADI tool kit to health care providers, which includes information about falls, conversation starters, case studies, standardized balance and gait assessment tests, and educational information that health care providers can give to people at risk of falling and their families. The STEADI program suggests that medical personnel ask seniors three crucial questions: Do you feel unsteady when walking or standing? Have you fallen in the past year? Do you have concerns about falling? If a senior answers “yes” to any of these questions, then they are considered to be at an increased risk of falling. Health care providers may then review medications to reduce the dosage or stop those that may increase the risk of falling, recommend vitamin D supplements with calcium, educate the patient and the patient’s family about fall prevention, and schedule follow-up care.

The clinical decision support tool, based on the CDC system, is expected to be available in hospitals by the end of the year.

 

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Joni Mitchell and Conservatorship

Wednesday, August 5th, 2015

Beloved singer-songwriter Joni Mitchell was found unconscious in her Los Angeles home on March 31, having suffered a brain aneurysm. After Mitchell spent more than a month in the hospital, her longtime friend Leslie Morris was appointed her conservator to make medical decisions for her while she recovers. As fans wish Mitchell a full recovery, they may also be wondering, “What is a conservator?”

A conservator or adult guardian is appointed by the court to make certain decisions on behalf of an adult who has become unable to make such decisions on his or her own, due to a physical or mental condition, or advanced age. The court may place certain limits on the guardianship or conservatorship. For instance, the court in Los Angeles granted Morris control only over Mitchell’s medical care, in the absence of the 24-hour care she received in the hospital. A court may also grant a conservator or guardian control over a disabled person’s financial affairs or other aspects of his or her life, such as whether the person should reside at home or in a nursing facility.

A conservator or guardian can be essential in protecting the well-being of a person who has become unable to make his or her own decisions. A conservator or guardian can pay bills for the incapacitated person, prevent financial abuse, prevent self-neglect, and advocate for the person’s health.

The court may appoint a conservator or guardian in response to a petition submitted to the court. For example, in New York, a guardianship proceeding is brought under Article 81 of the Mental Hygiene Law. However, guardianship is considered a drastic remedy, and the court is required to consider less restrictive alternatives, such as home health aides, representative payees and other solutions that may meet the person’s needs without the appointment of a guardian.

In many cases, if a durable power of attorney or health care proxy has been appointed before the person becomes incapacitated, then guardianship proceedings are unlikely to be necessary. This is one reason why people planning their estate should give such appointments careful consideration.

 

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