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SUFFOLK TIMES ARTICLES

THE ASSISTED LIVING TREND (ST-4-19-00)
By John M. Bigler

A recent development that's had a significant impact on the elderly in our community is the advent of assisted living facilities. When I first started practicing law, there were adult homes, facilities which ranged from very nice to barely habitable.

These were places where some people lived simply because they were alone and enjoyed the company of others, or they were receiving government benefits such as Supplemental Security Income (SSI) and this type of living accommodation was affordable. Very often, the adult home was an intermediary stage for a person who was no longer capable of staying home because of physical or mental limitations, but did not require the need of nursing home. These facilities would provide some assistance but typically in order to remain in the adult home, an individual would have to be self-reliant.

Recently, a new type of housing for seniors known as assisted living facilities have been springing up all around Long Island and the entire state. Most of these facilities are relatively new and attractively designed. I have been in several of these facilities and they have more of an appearance of a hotel. Most of them have impressive entrances, there are private chefs preparing the meals, large movie screening rooms and lots of activities for those able to participate. Some of the best features are separate wings for those suffering from Alzheimer's and other forms of dementia who are no longer capable of living at home, but have not reached a level where they need to be institutionalized.

The cost of most assisted living facilities isn't cheap, but is significantly less than the cost of a nursing home, with average prices ranging between $2,500 and $4,000 per month. Adult homes will normally be cheaper than the lowest price of an assisted living facility.

It is important to note, that an assisted living facility is not a medical facility and therefore, unlike a nursing home, the cost can't be covered by Medicaid. Unlike nursing homes, which are carefully regulated by both the state and federal law, assisted living facilities do not have the same regulatory requirements. Most of these facilities are privately funded and not subject to the same regulations as a health care provider facility.

Therefore, there are a number of factors to be considered in choosing such a facility. Certainly, the first step is to visit the facility and take a tour. Check out the living quarters and the dining area. Ask about the admission and discharge criteria. Ask about the level of training of the employees. Is there licensed medical personnel at the facility at all times? If not, what happens when a medical emergency arises? When an individual's medical needs increase, is there a requirement by the facility that a private aide be hired?

You would like to avoid a situation where a phone call would be made advising the family that a resident must be transferred immediately to a nursing home because their level of care has increased. Be sure to read contracts carefully so that you are aware exactly what the costs will be. You may want to show the contract to your attorney if there are any questions that you feel have not been adequately answered by the facility.

Assisted living facilities have provided a new option for those that are in the financial position to afford them. The possibility of moving to such a facility needs to be considered as an important part of long-term planning for possible catastrophic illness in the future. Those who might have previously considered making large-scale transfers to family members in the event that they might need institutional care might want to reconsider retaining a significant amount so as to be able to afford an assisted living facility.

Also, prior to setting up and funding and irrevocable asset management trust, an individual and couple need to recognize that those assets placed in the trust, will not be available to pay for an assisted living facility later on.

For additional information on assisted living facilities, you can contact the Consumer Consortium on assisted living at (703) 841-2333 or write to CCAL, Post Office Box 3375, Arlington, Virginia 22203.

Reprinted with permission of the Suffolk Times © 2000

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The Law Offices of John M. Bigler, Attorney At Law
1421 Wantagh Avenue, Wantagh, New York 11793-2206
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