Showing posts with label elder law. Show all posts
Showing posts with label elder law. Show all posts

Tuesday, May 8, 2012

When Dementia Renders Your Spouse a Stranger

Richard Webber & Adele of Grey's Anatomy
Dementia, always a sad development for any family, is particularly cruel in long-term marriages where one spouse is afflicted, and the other is left to pick-up the pieces.  In such cases, marriages are often stressed to the break-point.

This issue has received national attention lately, courtesy of the hit television series, Grey's Anatomy, where Dr. Webber's character is losing his wife, Adele, to Alzheimer's.

Alzheimer's disease is the most common form of progressive dementia.  Recent scientific findings, however, suggest that there may be many sub-types of dementia.

For example, frontotemporal degeneration [also known as Pick's disease] manifests itself much earlier than Alzheimer's and progresses faster.  Frontotemporal degeneration is believed to afflict between 50-60 thousand adults in the United States, compared to the 5 million Americans afflicted with Alzheimer's.

Frontotemporal disease is particularly threatening to a marriage due to the swift onset of symptoms which attack a spouse's personality directly; not just with the onset of memory loss, as in much older Alzheimer's patients.  The non-afflicted spouse often feels ignored, snubbed or maligned because of the most common characteristic of the disease: silence.

Like many diseases, frontotemporal degeneration progresses differently in individuals, taking on a life of its own.  Most cases feature a prominent and swift deterioration of the patient's overall personality; a complete breakdown in the patient's ability to communicate with and care about others.

Obviously, the patient's ability to hold down a job, or to hang onto their marriage, is put to the test.  This is because frontotemporal degeneration attacks the frontal temporal lobe of the brain; the region responsible for decision-making and judgment.  The frontal lobe actually shrinks.

Sometimes, one disease is mistaken for the other, leading to confusion among the family care providers and a confusing series of hospital stays, doctors visits and testing.

Dementia, in general, highlights the need to secure a solid estate plan early in a marriage, before the onset of any incapacity.  Once a dementia sets in, an individual could lose their mental capacity and have a guardian and conservator appointed to manage their affairs.  While this fiduciary could be, and usually is, a family member, no estate planning is possible while a loved one is under such legal incapacity.

I you or a spouse have been diagnosed with dementia, here are some local support groups that may be of use:
In the meantime, if you are enjoying the fruits of good health, do not take it for granted.  Be proactive and get an estate plan executed.

                                                           info@clarkstonlegal.com

Monday, December 26, 2011

Nursing Home Liability: Who Owns the Facility

A recent 2.35 million dollar Macomb County jury verdict shines a light on the ownership and practices of a nursing home in St. Clair Shores.  Bankruptcy and missing records clouded the identity of the real party in interest in a negligence law suit resulting from the 2008 choking death of a resident.

Turned out to be the Nightingale East Nursing Center, owned in part by a now-defunct company, and eventually traced to SavaSeniorCare, an LLC located in Atlanta, GA.

In the litigation, St. Clair Shores attorney John Perrin experienced an evidentiary mistrial and a mishandled document request in clawing his way to the jury verdict.  For their part, the defense attorneys claim that the botched corporate disclosure was not intentional.  Looking for the upside, defense attorneys Plunkett and Cooney (Jenny Andreou) claimed a partial victory through limiting the "non-economic" damage component of the verdict; a motion for remittur has been filed.

This death resulted from a resident choking on a golfball sized meatball; a largely unforeseeable event.  The jury found other liability factors in awarding plaintiff millions of dollars.  Obviously, we want to avoid this fate for any of our families and loved ones that are placed in a nursing home.

Serving as the guardian for more than 100 individuals, many of whom have been placed in nursing homes, I have learned that you can never pay close enough attention to the ward's care.  Complaints against licensed facilities are common and serve the purpose of compelling care improvements.

Nursing homes, assisted care facilities, and adult foster care residences provide a dizzying array of care choices and regulations.  Making the right placement for a family member or loved one is a critical decision.

In Macomb County, follow this link for skilled and basic care nursing homes.  In Oakland County, follow this link for the same information.

www.waterfordlegal.com

info@waterfordlegal.com

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