Recently, I had a conversation with a client about his wife being in memory care. “Joe”, who recently went through the Medicaid process with our firm, has meals a few times a week with his wife. They regularly eat at the community where she lives in Olathe, Kansas. During this conversation and while eating the incredible German chocolate cupcakes he brought in, Joe commented that he still enjoys eating out at local restaurants. Being able to qualify for senior discounts for quite some time, Joe and his wife used to make a hobby of searching out weekly specials and discounts. He says that, if you hit the right specials at the right times, you can eat cheaper going out than staying at home. Of course, if you don’t order drinks he says. Now this is a theory I’m interested in trying.

Since living apart from his wife, Joe commented how much he misses going out to eat in the company of his wife. Despite this, he said he still enjoys going out, albeit by himself most days and Joe still makes the weekly rounds hitting some of the best specials in town. Joe says its just not the same without someone else to sit with and talk to, but did comment that having his iPad to read or “act” like he’s reading makes feeling comfortable easier. Funny, I think we’re all guilty of that.

This conversation reminded me of an old hometown favorite restaurant, Tippin’s. For those living in Kansas City for some time, you’d remember that, back then, they not only had a lot of great pies, but a few restaurants too.  I remember eating at their Metcalf location on a regular basis with Sue, she would order the French Silk and my favorite Pecan. We always enjoyed the food and old-time courtesies of dining back then.

One thing Tippin’s restaurants had at every location was counter service. One could always count on at least a few single souls, mostly seniors, reading the paper or chatting with others at the counter, with attached swivel chairs. This was a staple of their ambiance, and card games could also be found being played in the back midday. Should we start a bring back Tippin’s restaurants campaign or what?

Other iconic Kansas City restaurants with counter service that are still around are Winstead’s, Town Topic, and Pegah’s (which has a location in what used to be Sterns, if you’re up to speed on all things Old Shawnee and an old IHOP, both of which had large counter service areas).  For some time now, Town Topic has been quite the hot spot for millennials and hipsters, making it less desirable for some seniors, but quite an interesting development in the possibilities of counter service making a comeback. Franchises like IHOP, Denny’s, Perkins, Shoney’s and Waffle House were all once known for their counter service, but these restaurants are either losing locations or updating with limited counter service or none at all.
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How about you? Do you miss the old counter service style of restaurants? Wish they would bring it back? Or know of any secret gems around KC that Joe or other seniors around town would enjoy? Let us know in the comments below and we’ll be sure to share them with our clients.

Berger Estate & Elder Law P.A. has been finding solutions throughout Kansas City for over 30 years providing Trusted Counsel with Proactive Solutions for many. Give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information. ​

The Consumer Electronics Show (CES) has long been one of the worlds largest tradeshows. Dubbed the “most exciting” trade show of the year, CES is annually held at the iconic Las Vegas Convention Center. CES always has the latest eye-popping devices and software, whose revelations are eagerly anticipated by many. The show, which years ago was mostly courted by TV, audio and computer manufacturers, has largely developed into a comprehensive display of gadgets and gizmos for a limitless amount of applications.

This includes products as small as phone apps, to as large as self-driving semi-trucks, everything Artificial Intelligence (AI), Augmented Reality (AR) and in-between. Possibly, the fastest growing trend at the show has been the increasing number of products targeting seniors. Products include not only AR and AI devices, but technology that enables us to live longer in our own homes and stay healthier.

Elder Tech, as I like to call it, is something that benefits Elder Law Attorneys and others in our field. These technologies, in niche cases can assist our clients in ways that enable them to stay healthy and longer wherever they want to live.  Just this year we were able to alleviate the stress of two families whose children lived out of town and wanted to be able to monitor the care their parents received at home. These solutions weren’t entirely possible for most just a few years ago, but are becoming more readily available and affordable for consumers. Here is a short list of some of our favorite new elder tech from this year’s CES:

E-vone – Self-proclaimed to be the first ever “connected shoe”. These babies have sensors imbedded throughout their soles, are WIFI connected, Bluetooth enabled and trackable via GPS. E-vone sensors can identify a fall or immobility for extended periods of time. Once a notification is sent out from the shoes to an enlisted caretaker and/or alert an emergency contact/agency, they vibrate notifying the disabled or injured person someone has been contacted about their situation. Expect these sole-grabbers to run between $100-150, plus an additional $20/month for monitoring.

Hip’Air – Another device targeting seniors because of the likelihood of falls in the home or out-and-about, is the new Hip’Air, specifically designed to protect your mid-section. This device essentially works as an airbag for your hips. Marketed as a wearable belt, the Hip’Air is activated when someone falls to the ground. The same company makes vests for motorcyclists. Hip’Air sells for $800. Much cheaper than a new hip, but also most-likely larger than your casual belt buckle, unless of’ course you were at one time the Heavy-Weight Champion of the World.

Oska Pulse – On its second generation, the Pulse is a wearable egg sized device that releases an electromagnetic field designed to alleviate chronic muscle pain. This technology causes an increase in blood flow to suffering areas of the body. So, I guess anyone over 30 could use a couple of these? As they say, getting old ain’t for sissies. This year, the Pulse is releasing an app, so users can track in-time the areas of the body that are suffering, like you wouldn’t already know. Oska advertises the Pules as "safe, easy-to-use, portable and wearable health technology product designed to help reduce muscle stiffness, temporarily relieve minor pain and increase mobility for people who have acute or chronic pain." The 2nd generation Pulse retails for $399. No word yet on the FDA requiring an addictive label for packaging.

L'Oreal UV Sense – Melanoma effects over 200,000 new sufferers every year and skin cancer is a leading cause of concern for aging individuals, especially if you enjoyed your time in the sun. The UV Sense, is a battery-free wearable that can “fit on your fingernail”, between 2-9mm in size, providing users with valuable information concerning their individual ultraviolet exposure levels. This tiny sensor works with an accompanying app, notifying the wearer when they should apply more sunscreen. Prices haven’t been released, but L’Oreal has announced they hope to keep costs for consumers below $40, or as we’re advocating free with the purchase of some sunscreen, because man what in the world is going on with sunscreen prices lately, you can’t even buy a bottle under $15.

Briometrix – Specifically designed for wheelchair users, Briometrix offers a wheelchair tracker and app. The device tracks wheelchair activities. Using innovative tracking technology that monitors users propulsive movements and the influence of gradients. Additionally, the device keeps effort rate used by different parts of the body and of’ course measures speed, distance, acceleration, push length and GPS tracking of where users have travelled. Recently, Google released a tracking device, but does not offer any of the all-important health tracking measures as the Briometrix Tracker.

Those in the industry know that many concerns for seniors staying in their home is the risk of falls, especially in the bathroom. For those concerns and probably others we can all relate to, high-tech bathrooms garner disproportionate amount of attention at CES, similar to those who enjoy a little reading with their own personal “bathroom-time”. Here are some of our favorites:

Toto Floatation Tub – “The posture of an astronaut resting in space” is the opening tagline of Toto’s newest bathtub. Fresh with a video of a resting bikini clad woman, with birds chirping in the background while floating in the middle of a pool on a sunny spring afternoon, the Toto floatation tub provides a constant stream of flowing water, massaging targeted muscle areas throughout the body. Specifically, the lower back and foot massage features are some of my personal favorites, just a bit disappointed there wasn’t a head message feature. Anyone ready to shell out $20,000 will be able to indulge in the newest bathtub experience.

Kohler Numi Toilet – Advertised as Kohler’s “most advanced” toilet, the Numi has several personalized features everyone will certainly love. This includes ambient colored lighting, Bluetooth enabled for music, speakers, heated seat, foot warmers, bidet, air drying, hands-free flushing and of’ course odor control. All options are hands free, touchscreen and Alexa enabled for control. The Numi from Kohler retails for almost $7,500, but for hands-free flushing and bidet, think about the monthly savings in toilet paper, soap and hand-sanitizer.

Voice-Activated Delta Faucet – Okay, in all honesty, Delta and several other home, kitchen and bath accessories have recently released a slew of options for at home living over the last year. However, we love the new Delta faucet, because it goes beyond simple on and off commands, partnering with Amazon’s Alexa, Delta’s latest faucet can adjust temperature and even measure specific volumes of water, making your next cooking or baking task that much more convenient.

Elmer Smart Shower – For those who like a little bit of entertainment in the morning, French manufacturer Elmer has a smart shower that includes full surround sound without the risk of electrocution. Like new Delta and Kohler products, the Elmer shower works with Alexa and seems to be  reasonably priced for a fully enclosed shower, costing between $1,500-3,000. Let’s just hope the French manufacturer leaves the French attitude behind and doesn’t crack demeaning jokes about your private life/features while in there.

Kohler Verdera Mirror – Another home product that not only works with Alexa, but has Alexa technology embedded in it, is Kohler’s new Verdera mirror. Designed as the centerpiece of a range of Alexa enabled Kohler products, just outfit your entire bathroom and bedroom with smart devices and control them all with your built-in Alexa self-lighted mirror. The Verdera costs between $700-1300, depending on size (from 24” to 40”), and don’t worry about the personal information Amazon collects in the meantime, its free.

Foldimate – Probably my most favorite item discovered this year at CES was Foldimate’s laundry folding machine, that promises to fold a load of laundry under 4-minutes. Easily fitting in your closet, just drop an item of clothing into the top and watch it come out the bottom perfectly folded into your stack. Save yourself countless hours and several painstaking eye roles from your significant other about how bad and inconsistent your folding is, unless you do that to just get out folding laundry. Foldimate guarantees to save relationships by the thousands after their release and promises to come in under $980, when it will be brought to market in 2019. Free order, be the first to get one and 10% off whatever the final retail cost is HERE.
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Berger Estate & Elder Law P.A. has been finding solutions throughout Kansas City for over 30 years providing Trusted Counsel with Proactive Solutions for many. Give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information. ​

Medicare is supposed to provide up to 35 hours a week of home care to those who qualify, but many Medicare patients with chronic conditions are being wrongly denied such care, according to Kaiser Health News. For a variety of reasons, many home health care agencies are simply telling patients they are not covered.

Medicare is mandated to cover home health benefits indefinitely. In addition, Medicare is required to cover skilled nursing and home care even if a patient has a chronic condition. Unfortunately, many home health providers are not aware of the law and tell home health care patients that they must show improvement in order to receive benefits.

According to a Kaiser Health News article, confusion over whether or not improvement is required (it is not) is one part of the problem. Another issue is that home health care workers are afraid they will not get paid if they take on long-term care patients. In an effort to crack down on fraud, Medicare is more likely to audit providers who provide long-term care. This encourages providers to favor patients who need short-term care.

In addition, Medicare’s Home Health Compare ratings website may be having a negative effect on home health care agencies' willingness to provide for long-term care patients. One measure of care qualify is whether a patient is improving. Because patients with chronic conditions don't necessarily improve, they could lower an agency's rating. Also, under a rule that just went into effect, home health care agencies cannot dismiss a patient without a doctor's note. This may make agencies even more reluctant to take on long-term care patients.
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If you are wrongly denied Medicare home health benefits, you can appeal, although you may have to be persistent to get coverage. The Center for Medicare Advocacy has a self-help packet for navigating appeals. However, if your looking for an advocate and for somebody to help guide you through the process, give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.
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This Christmas, I started to realize how much our society has and will continue to change. And, that despite what is often discussed, it is the elder generations that are quicker to adapt to change than younger. One of the major shifts that stands out around Christmas, is the changing techniques parents use raising their children.

One specific observation I had over Christmas was the liberties allowed to younger generations in relating to their elders. Over the years, boundaries for children have continued to expand in some areas, while shrinking in others. When it comes to leaving 10 feet beyond the yard, or stopping by a friend’s house without a planned date and time, opportunities for kids to explore their physical boundaries are less. However, when it comes to ideas about relationships and communication with others, more liberty is given and available to kids than ever before.

One of these “progressive” communication techniques are how young children are allowed to converse with their parents. In public, I routinely witness parents debating with small children about what they are and aren’t allowed to do. I regularly see young children dictate and direct how their parents… well, parent.

Now, don’t get me wrong, during my teenage years there were some heated discussions and disagreements, but never have I seen children as young as 6-12 years old, disrespecting their parents, or telling them they don’t know what the heck they’re talking about, as often as I see today.

This obviously isn’t a breakdown in the family like the loss of so many two-parent homes over the years, but I believe it is a continued breakdown in the respect current and future generations have for their elders.

Thankfully, many of the clients we meet, and their adult children have respectful and even fruitful relationships with one another. In fact, that is often what brings them into our doors. The most common situations we have are elders or soon to be elders that want to relieve any burden that may fall on their adult children for the years that follow, or adult children trying to protect their parents.

In the elder care industry, a big challenge we often discuss is how difficult it is to be a part of the sandwich generation. Those who are responsible for looking after their own children and parents as they age. However, what often gets lost throughout this discussion is how aging parents feel about how they are treated during the aging process.

Whether it’s pestering parents about driving (see article here), or not keeping their house tidy, helicopter parenting can carry over from taking care of our children, to those looking after aging parents.  Often, these situations can turn from care taking for a loved one, to constantly telling parents what they should do and demeaning their efforts in trying to look after themselves. Unfortunately, this can often transform a caring relationship into the territory of horrible bossiness, assuming we know what’s best for someone else. We should keep in mind that just because others may start to lose abilities in some areas of their life, it doesn’t mean they’ve completely lost it.

If you’re living in the midst of a challenging situation in caring for an aging parent, it is always important to discover if a plan has already been developed. This will allow you to address some of the issues you or your parent may be most concerned about, whether medical or financial. If there isn’t, this is often a good place to start, discovering an aging parent’s expectations of you, as they age. Some parents want to be as independent as possible as they age, while others want their loved ones to help as much as they can. Discovering some answers to these questions allows others to be more in control of their own health and finances, enabling you to continue to be their advocate, keeping from crossing boundaries that may break close relationships.

Taking an overview of financial assets and examining options that may supplement care can be instrumental in providing the best solutions available for parents and their care taking children.  Berger Estate & Elder Law P.A. has been finding such solutions throughout Kansas City for over 30 years providing Trusted Counsel with Proactive Solutions for many. Give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.

The ability to drive a car is a privilege many of us take for granted.  Driving allows us to be independent and in control.  We can go where we want, when we want, without being dependent on others, whether it be our family and friends, the cab driver, or mass transit operators.  Remember that sense of freedom upon obtaining that first driver’s license?  WOW, did we feel grownup!

Imagine what it would be like to lose this privilege.  This is a reality many senior citizens face.  Although drivers ages 16 to 25 are on the high end of the accident range, studies show that drivers over the age of 75 are in accidents at comparable rates.  Often times an accident, even if it’s a non-injury fender bender, will alert the individual that maybe he or she should no longer be driving.  But if the individual does not recognize their potential danger on the road, what can be done to ensure their safety and the safety of others?

Kansas
In Kansas drivers between the age of 21 and 64 years of age receive a license that is valid for 6 years.  Drivers who are 65 and older must renew their license every 4 years.  In addition to the vision test, unlike those under 65, those 65 and older must pass an open book examination relating to traffic signals and laws.     
Family members, medical professionals, law enforcement officers and concerned citizens, who believe an individual poses a risk, can request a Driver Evaluation be made by the Kansas Department of Revenue, Division of Vehicles, Medical/Vision Unit.  However, there is no duty to make such a report.  Although the report cannot be made anonymously, the reporting individual’s name is confidential, unless required by a court.   If a reevaluation is warranted, a DMV approved officer will conduct an examination which consists of an interview and may also include a vision test, a written test and/or driving test.   
Following the examination, the officer will determine whether any action should be taken, such as restrictions, suspension or revocation.  Should the individual continue to drive on a cancelled, suspended or revoked license, such person shall be guilty of a class B nonperson misdemeanor which carries a sentence of at least 5 days’ imprisonment and a $100 fine and upon a second conviction shall not be eligible for parole until serving 5 days’ imprisonment. 

Missouri
In Missouri drivers between the ages of 21 and 69 years of age receive a license that expires every 6 years.  Those 70 and older must renew their license every 3 years.  A road sign recognition test and vision test is required for drivers of all ages. 

Missouri has a Driver Condition Report that is similar to the Driver Evaluation Request in Kansas.  Like Kansas, there is no mandatory reporting and the reporting party is kept confidential.  Violating a revoked or suspended license is a misdemeanor, with the first violation resulting in a fine not to exceed $300.  A second violation could result in a jail term not to exceed one year and/or a fine not to exceed $1,000.
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Suspension and revocation of one’s driver’s license can be devastating to an individual who feels they are losing control of their life.  If there is concern, but it has not reached the level of accidents, there are a few actions that should be taken at this time.  Although it is a delicate discussion, the concerns should be discussed with the driver.  Discourage them from driving at night, during rush hour or when school is letting out for the day.  Some senior organizations and hospitals offer driver safety programs that may help older persons become better drivers.  These programs may also assess their abilities and make recommendations. 

Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Counsel with Proactive Solutions. Give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.
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Agents or individuals granted authority by Power of Attorney (POA) to act on another’s behalf are often concerned about being held personally liable for their grantee’s finances and health decisions. Well, for those concerned, there is good news coming out of New Jersey, of all places.

Recently a trial court granted a summary judgment to a nursing home resident’s agent under POA in a lawsuit filed by the nursing home for payment of the resident’s unpaid bill. The nursing home lost and ordered the nursing home pay attorney’s fees and costs to the agent.

Charles Douglas was an agent under POA for his aunt, Idella Wright. Ms. Wright entered a nursing home, and Mr. Douglas signed the admission agreement as the responsible party through POA. Mr. Douglas assigned Ms. Wright’s Social Security payments to the nursing home, but Ms. Wright died owing $18,322.

The nursing home sued Mr. Douglas for failing to timely apply for Medicaid benefits and to pay the final bill. Mr. Douglas filed a motion for summary judgment, arguing that he was not personally liable. The court held that the claim Mr. Douglas was forced to defend was unreasonable.

​While the authority to determine who’s responsible to pay Medicaid recovery costs is both responsible to the State and Federal governments, Kansas and Missouri both prohibit nursing homes from requiring third-party representatives from paying unpaid bills. This should reassure anyone considering or who is agent for someone else’s medical and financial decisions, that they won’t be stuck with the bill for being a good steward.

​Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Counsel with Proactive Solutions. Give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.

Video monitoring has become a reality for many families and caregivers caring for loved ones. These systems provide security and comfort for those who have the responsibility of looking after their elderly parents. Whether it be in their own home or a community, monitoring allows care givers to check in on loved ones in real-time and the ability to go back, and check on what has occurred during the previous days, weeks or months.

​The benefits of such a system are great for those who are concerned about their loved ones staying active in their home or for more specific activities like eating meals and taking medications at the right time of day. Additionally, for those hiring homecare services and nursing, it can be essential to have an extra accountability mechanism, to look after those who look after yours.

Recently, we have had clients use this type of technology to monitor the care their spouse was receiving in a senior community, when their intuition told them something wasn’t right. This recently happened when a spouse was concerned his wife wasn’t receiving the care he was being told she was. The situation began when his spouse started having bed sores, in addition to the sheets not being changed for over a week. As he reviewed the footage of the video that was recorded, it was confirmed that the community was not coming in during their specified times or regularly changing out her bedding.

There are no laws to date across Kansas and Missouri strictly prohibiting the use of cameras in nursing homes or long-term care communities. However, some communities may have privacy laws agreed upon per resident contracts, preventing the recording of patient care. If this is the case with a community you are considering for one of your loved ones, this may be cause for concern.

When speaking with our state Ombudsman office this week they mentioned a senate bill proposed by The Committee of Public Health and Welfare that would implement changes in the law if passed. However, the bill died by general orders back in 2016, but is being talked about again in Topeka to possibly be brought back for consideration. Barbara Hickert, with the Kansas Long-Term Care Ombudsman Program, spoke out against the bill saying that it favors nursing homes over residents. Saying that making residents post if they are recording in their rooms could lower the standard of care for other residents.

Recently, some of our clients have used video technology by installing in the home of a parent for by her siblings. While the out of town sibling contemplated if their parent needed to be moved to a senior community, they hoped the video would show how capable their parent was living home alone. Being able to check in on their parent’s wellness from afar, would eventually provide them the confidence they needed to assure themselves that their mother could still live at home alone. The solution included further use of video monitoring and some additional needed homecare.

Before installing cameras in your parents or loved one’s homes, it’s required you receive their approval in advance. It is perfectly legal for the owner of a home to record anyone in or on their own property without their knowledge. Recordings can also be used as evidence in court and are often recommended to oversee home care/health professionals.

Many parents are concerned this type of surveillance is unnecessary and overly intrusive. However, when a comprehensive discussion is communicated between all participating parties, it is relatively easy to convince an elderly loved one that the benefits of home monitoring well outweigh the concerns one may have, keeping them safe and in the home.

Another option for in home monitoring is placing sensors in strategic locations throughout the home. Sensors are less intrusive and can be as effective as video monitoring for safety and accountability. Sensors have the capability of sending text messages, emails or even provide a phone call when your parents activity patterns are out of the ordinary. Placing sensors throughout the home in areas like a bedroom, bathroom or pill cabinet, can assure you they are getting up in the morning, haven’t fallen and are taking their medications at the right time of day.

Both of these monitoring options have become readily available and affordable to the general public. If you are interested in discovering solutions for your loved ones when it comes to their well-being both physically and financially during the later stages of life, please reach out to us with any questions you have. After three decades of work, our team has a wealth of knowledge and personal experience in finding the right solutions for our clients. 

Berger Estate & Elder Law P.A. has been serving Kansas City for over 30 years providing Trusted Counsel with Proactive Solutions. Give us a call today at (913) 491-6332, visit our website berger-lawfirm.com or stop by our conveniently located offices at 11233 Nall, Suite 140 Leawood, KS 66211 for more information.
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