Expert Column
Carolyn L. Rosenblatt 
Attorney at Law, RN
Carolyn L. Rosenblatt, RN, attorney-at-law, began her career as a nurse, working as an...read more
Articles In This Column
- The Pros & Cons of Guardianship or Conservatorship: How to Know If It's Right for You
- What Is The Difference Between A Power Of Attorney And A Conservatorship or Guardianship?
- Financial Decision Making & Legal Limits: What Can A Power Of Attorney Do?
- Can A Power Of Attorney Document Be Used For Medical Decisions?
- Consumer Alert: Exposing the Flaws in Medicare's 5 Star Rating System of Nursing Homes
- Legal Limits of Care in Assisted Living Facilities
- Alzheimer's: Transitioning from Home to Assisted Living
- How to Talk to Parents About the Future
- Using Mediation to Manage Conflict in Long Term Care Facilities
- Physical & Financial Elder Abuse: What You Can Do
Legal Advice for Seniors
The Pros & Cons of Guardianship or Conservatorship: How to Know If It's Right for You
Determining the pros and cons of a guardianship is difficult, but the main drawback to utilizing a guardianship or conservatorship rather than a power of attorney is the expense. It costs money to hire a licensed attorney, have the attorney prepare conservatorship or guardianship papers, file them in court and attend court hearings; as well as follow up on the appointment of the conservator and the formal reporting that the court requires from the conservator. The attorney goes to...Read entire article »
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What Is The Difference Between A Power Of Attorney And A Conservatorship or Guardianship?
The most important difference between a power of attorney and a person with conservatorship or guardianship is that an elder appoints his or her power of attorney whereas a court proceeding is required to appoint a conservator or guardian; however, all are a fiduciary with essentially the same authority to make financial decisions. The person who wants the guardianship imposed on an elder can get an attorney. The elder has a right to have an attorney too. The elder...Read entire article »
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Financial Decision Making & Legal Limits: What Can A Power Of Attorney Do?
The person with power of attorney may undertake financial decision making and does have almost boundless legal limits. A power of attorney could be authorized to pay bills, open, close and manage bank and stock accounts, buy and sell property including the elder's residence, invest money, or withdraw money from investments, pay for senior care or services, decide on which living situation is best for an elder, place the elder in a care facility or nursing home, and otherwise...Read entire article »
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Can A Power Of Attorney Document Be Used For Medical Decisions?
The Durable Power of Attorney document does not cover any aspects of healthcare choices, such as medical decisions. The permission needed to make someone's healthcare decisions is a different document, sometimes called a "power of attorney for healthcare" or Advance Healthcare Directive. Some states call it a "living will." Whatever it is called where you live, it is specifically for health care decisions, and does not deal with money or other business matters. If you have a healthcare power...Read entire article »
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Consumer Alert: Exposing the Flaws in Medicare's 5 Star Rating System of Nursing Homes
The Centers for Medicare and Medicaid Services (CMS) recently began a new rating system to help consumers compare nursing homes. It adds an additional feature to the Nursing Home Compare component on the Medicare Web site, rating nursing homes that receive Medicare or Medicaid funds according to five criteria, giving each one "stars" to indicate high or low ratings. A one-star facility would be much below average, while five stars designate far above average. It is not surprising that...Read entire article »
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