Santa Monica Elder Law Attorney: Mihell Law Elder law includes a wide range of legal issues that affect a disabled or older person. These issues can include situations relating to long-term care planning, health care, Social Security issues, retirement preparation and Medicare/Medicaid situations. The elder law professionals in Santa Monica at Mihell Law focus on this practice area. As a result, they work with a wide range of clients helping them solve their legal problems relating to elder law. The Importance of Long-Term Care Planning in Santa Monica: According to the National Care Planning Council, the fastest growing segment of the population is over than 85. Some 50% of this age grope receive some type of long-term care in the form of
According to Statistics Canada Report 2013, “life expectancy in Canada is one of the highest in the world” and it is expected to grow, making the aging population a key driver to our health-systems reform. By 2036, seniors in Canada will comprise of twenty five per cent of the population (CIHI, 2011). Seniors, those aged 65 years and older are the fastest growing population in Canada. Currently there are approximately 4.8 million Canadians aged 65 or greater. It is projected that this number will increase to 9 to 10 million by 2036 (Priest, 2011). As the population get aged the demand for health care and related services are expected to increase. Currently, the hospitals in Ontario are frequent faced with overcrowding emergency departments, full of admitted patients and beds for those patients to be transferred to. It has been reported that 20% of the acute care beds in the hospital setting are occupied by patients that do not require acute hospital care. These patients are termed Alternate Level of Care (ALC). ALC is “When a patient is occupying a bed in a hospital and does not require the intensity of resources/services provided in this care setting (Acute, Complex, Continuing Care, Mental Health or Rehabilitation), the patient must be designated Alternate level of Care at that time by the physician or her/his delegate.” (Ontario Home Care Association, 2009, p.1).
After reviewing the current state of the long-term care policy from the United States, it
Long-term care (LTC) covers a wide range of clinical and social services for those who need assistance due to functional limitations. These limitations usually result from complications associated with age related chronic conditions, from disabilities related to birth defects, brain damage, or mental retardation in children; or from major illnesses or injuries suffered by adults (Shi L. & Singh D.A., 2011). LTC encompasses a variety of services including traditional clinical services, social services and housing. Unlike acute care, long-term care is much more complicated and has objectives that are much harder to measure. Acute care mainly focuses on returning patients to their previous functional level and is primarily provided by specialty providers. However, LTC mainly focuses on preventing the physical and mental deterioration of an individual and promoting social adjustments to suit the different stages of decline. In addition the providers of LTC are more diverse than those in acute care and is offered in both formal and informal settings, which include: hospitals, physicians, home care, adult day care, nursing home care, assisted living and even informal caregivers such as friends and family members. Long-term care services have been dominated by community based services, which include informal care (86%, about 10 to 11 million) and formal institutional care delivered in nursing facilities (14%, 1.6 million) (McCall, 2001). Of more than the 10 million Americans estimated to require LTC services, 58% are elderly and 42% are under the age of 65 (Shi L. & Singh D.A., 2011). The users of LTC are either frail elderly or disabled and because of the specific care needs of this population, the care varies based on an indiv...
This paper will review the many aspects of long-term care problems and many challenges there are within Long-Term care. We will look at rising costs within long-Term Care, patient abuse, will look at the quality of life, shortages of nurses and demand that the elderly are putting on the medical field. The type of care that Long-Term Care had been giving to its patients and the changes within Long-Term Care.
In 1965 the first Aging American’s Act was passed. This legislation was part of Lyndon Johnson’s Great Society reform. In passing this legislation nearly 50 years ago, the government created a new department the focused on the rights and needs of the gaining population called the United States Administration on Aging. The original legislation was complete with seven titles. The articles include Title I—the Declaration of Objectives for Older Americans; Title II—Establishment of Administration on aging; Title III—Grants for state and community programs on aging; Title IV—Activities for health and independence, and longevity; Title V—Community service senior opportunities act; Title VI—Grants for Native Americans; and Title VII—allotments for vulnerable elder rights protection activities. Each of these titles are present in the most recent Aging Americans Act Reauthorization Act of 2013. Each of the titles in the original and reauthorization have levels of measure to ensure that the legislation is enacted in a manner that will protect the aging population. The titles provide guidance to involved organizations and caregivers ensuring each is properly educated in treating the medical and mental health needs of the aging population as well as recognizing, reporting, and preventing elderly abuse, neglect, and physical, mental, and financial exploitation.
Due to Queenie’s ulcers in both her legs, she has been finding it exceptionally hard to get around. She is a woman, who has lived most of her life alone after her husband’s death, and has always been independent. Ageing is a natural process that starts as soon as a child is born and ends when a person dies. In fact, it is a major problem in the United Kingdom. The population of people over the age of 60 in the United Kingdom were more than under 16 in 2001. As the population of the elderly is growing, it introduces more challenges that the general public has to adapt to in the future.
If an older individual is not given the proper care in an assisted living home, it will damage the well being of the individual. “Resident independence with ADLs
Houde, S., & Melillo, K. (2009). Caring for an aging population. Journal Of Gerontological Nursing, 35(12), 9-13. doi:10.3928/00989134-20091103-04
Another focus for change is that over the years the demand for home and community care over hospital care has continued to grow, as stated by the Queens nursing institute “Recent health policy points to the importance of improving and extending services to meet the health and care needs of an increasingly older population and provide services which may have previously been provided in hospital within community settings”.
Laws are created to protect and prevent unacceptable actions from happening. As the awareness of abuse became apparent to advocate groups there was a push toward the creation of legislation. The first initial movement toward incorporating elder care in legislation was in the 1960s with the Older Americans Act. The Older Americans Act assigned guardianship or institutionalization to cases of abuse. This trend continued into the 1970s with the creation of Adult Protective Services. The Adult Protective Services was created through the Social Security Act to protect adults 18 or older who suffer from abuse, neglect, or exploitation through funding for welfare programs. Just three years into the new millenium the Elder Justice Act was introduced. In 2010, the Elder Justice Act was made into a law and began receiving funding from the federal government as part of President Obama’s health care reform bill.
Upon growing older there are many decisions to be made. Among one of the most difficult and perhaps most important decisions is where the elder person will live and how long-term care needs will be met when he/she is no longer capable of doing so independently due to the incapacity that accompanies many with old age. Nursing homes seem to be the popular choice for people no matter the race, gender, or socioeconomic status with 1.5 million Americans being admitted to them yearly.[3] Because nursing homes are in such a high demand and are not cheap, $77.9 billion was spent for nursing home care in the United States in 2010 alone, they are under criticism of many professions including the legal profession, which is in the process of establishing elder law as a defense to issues with in the elder community. Nursing homes have a duty to provide many things to the elderly including medical, social, pharmaceutical, and dietary services so that the individual may maintain the highest well-being possible.[4] Stated another way 'a nursing facility must care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the q...
In conclusion there needs to be an increase in government funding for long term care facilities to convey maximum ability to provide quality of care to elders and equal accessibility too homes and care. Ways that can produce this outcome are increases in staff funding for training and recruitment, as well as for equipment to help increase care. Government funding should also help elders decrease the cost of living in nursing homes and allow equal accessibility to homes and care in homes.
Kick, Ella. "Overview: Health Care and the Aging Population: What Are Today's Challenges?" The Online Journal of Issues in Nursing. N.p., n.d. Web.
The Age Discrimination in Employment Act of 1967 is an act that was passed that clearly states that employers can’t be discriminate against someone based on their age 40 and older. The older adults are trying so hard to hold onto their jobs with dear life, because if not they will be nudged out and pushed aside. Not because of anything but rather because of their age. Age discrimination is on the rise as young as 50 years old. Age discrimination can happen to anyone regardless of your race, ethnic backgrounds or sexual orientation. A study was published in the Journal of Age Ageing and in the report it said that British People 50 years old and older faces discrimination about one third of them. In a resent survey older adults says job insecurity
Today, world’s population is aging at a very fast pace and United States is no exception to this demographic change. According to the U.S Census Bureau, senior citizens will be accounted for 21% of the American population in 2050 (Older Americans, 2012). Although living longer lives may not seem like a negative sign, living longer does not necessarily mean living healthier. Older adults of today are in need of long-term and health care services more than any generation before them (Older Americans, 2012). Because of the growing need for senior care, millions of families are facing critical decisions on how to provide care for their parents. In addition, declining birthrates may cause people to have less familial care and support as they age. To be able to provide the necessary care for senior citizens government funded long term care insurance program is needed.