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SUFFOLK TIMES ARTICLES

It's Not Just Lawyering (ST-12-20-01)
By John M. Bigler

An elder law attorney must be concerned with all the needs of his clients, including issues not specifically related to the law. The legal component of the client's may actually be quite small. The attorney is often presented with clients who are emotionally upset. A devastating illness has occurred and not only the patient, but the entire family is affected as well. The attorney advises as to Medicaid eligibility, but rarely actually prepares and files the Medicaid application. The application procedure can be a confusing and frustrating experience for the average person, especially when this first exposure comes at such a stressful time. An attorney may turn to a geriatric care manager to address these issues.

Families may sincerely want to care for their older relatives, but realities such as distance or unfamiliarity with available resources may make that impossible. One can only imagine the horrible stress of being faced with responsibilities to care for a loved one, which are necessary although impossible to fulfill. A geriatric care manager can perform several of these functions that the family would take care of themselves if they could.

An elder law attorney performs an extremely important service by referring the client's family to a competent geriatric care manager. Geriatric care planning is a relatively new profession which includes preparing assessment of needs and assistance in arranging services such as home care, visiting nurses, and community programs. Geriatric care managers can also assist in identification, screening and placement in adult homes and nursing homes. When necessary, they can make a legal referral. A good geriatric care manager can make the attorney's life much easier and will assist the attorney in performing a more thorough and complete service for the client

The geriatric care manager compiles assessment of older person's needs and situation. They make regular visits to the clients to observe the living environment. The manager encourages person to accept help and provides "plan of care" with specific recommendations. He or she also finds and secures services such as legal counsel, home care, nursing care or home maintenance as well as supporting and counseling family members.

One of the most important services performed by the geriatric care manager is the preparation and filing of the Medicaid application. A patient or his/her family often applies for Medicaid on his own after having been assured by an attorney that the client is eligible and then receives a denial of benefits for "failure to document". This means that the proper documentation was not submitted with the application. The documentation requested is often enormous and intimidating to the client. A geriatric care manger may eliminate a considerable headache for both the client and the attorney. While engaging a geriatric care manager does not guarantee Medicaid approval, the likelihood of success is greatly increased. Engaging a geriatric care manager in a timely fashion can avoid the increased legal fees often incurred due to Medicaid denials.

The geriatric care manager is an important ally for the elder law attorney. Working together, they are better able to discover and meet the client's needs.

Reprinted with permission of the Suffolk Times © 2001

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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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