Things You Should Know About Elder Abuse Law in NH

Did you know that you have a duty to report elder abuse?

Any person who suspects or believes that an incapacitated person may be the subject of exploitation is required under NH law to file a report with NH Bureau of Elderly and Adult Service (BEAS).  

However, the requirement to report extends to incapacitated adults only. Phone number for BEAS is 1-800-949-0470. The report to BEAS is confidential.

Additional facts:

• According to a 2011 MetLife study of elder financial abuse, as much as $2.9 billion per year is stolen from seniors.
   
• NH is the 4th oldest state in the U.S.
   
• Population of NH residents age 65+ is expected to double by 2025

Don't Believe Everything You Read

We recently read some excellent books that, while works of fiction, contained what might be construed as legal advice.

Unfortunately, the "advice" was not accurate!

In one instance, a father and husband was diagnosed with a debilitating disease. While the book depicted the ensuing family challenges in a touching and compassionate way, it did not portray accurately how the healthy spouse could protect assets for herself. 

Whether conveyed by a book, by the internet, or by someone who heard something from someone else, it is important to remember, don’t believe everything you read or hear.  

For example, in another instance a character within a story was a divorce attorney, but he provided advice to a couple facing long term care planning issues.  However, an attorney who handles divorces may not offer the best advice to a client who needs long term care planning advice, and vice versa. 

We strongly recommend that if you have an issue relating to elder law and/or long term care planning, and want to obtain the best result for your situation, consulting with an elder law attorney is crucial.

Elder Law Fundamentals

When it comes to elder law, people are most often concerned about long term care planning for themselves as they age or for their aging parents. 

Many fear losing all their assets to a nursing home, and others need assistance with navigating through the complicated legal waters of Medicaid. 
 
Other fundamental components of elder law include:

• Protecting the at-home spouse’s assets and income
• Representation at elderly services or in court
• Long term care planning
• Addressing concerns about the high cost of nursing home care
• Reviewing long term care insurance plans
• Medicaid planning
• Assistance with the completion of the Medicaid application 
• Helping loved ones stay at home with home care assistance
• Caregiver help
• Planning for disabled individuals

Elder Law Questions

In several of our 2012 posts we answered a frequently-asked question about elder law, and also listed some of the components associated with our elder law practice.

Simply stated, our elder law practice involves helping individuals and families deal with a wide variety of issues including long term care, medical directives, incompetency, guardianship, disabilities, asset protection and Medicaid.

At Curtin Law Office, our services include reviewing estates for long term planning purposes, creating special needs trusts for disabled individuals and addressing concerns relating to the guardianship of a loved one. We also assist our clients with navigating the complicated legal waters of Medicaid.

Since many families are concerned about the high cost of nursing home care, we provide clients with advice relating to asset protection, should they require long term care either in a nursing home or at home. We also help to protect the community spouse’s assets and income, which may involve representation at elderly services and going to court for increased benefits.

Many people are unsure about the scope of elder law services, and we are happy to answer any questions you may have - please feel free to contact us!