A Practical Guide to Elder and Special Needs Law in South Carolina (SCBar) (2014 Ed.)

Front Matter

• Front Matter
• Foreword
• About the Authors
• Acronyms

Foreword

• Front Matter
• Foreword
• About the Authors
• Acronyms

About the Authors

• Front Matter
• Foreword
• About the Authors
• Acronyms

Acronyms

• Front Matter
• Foreword
• About the Authors
• Acronyms

Part One: The Basics

• Chapter 1 Introduction
• Chapter 2 Ethics and Elder Law
• Chapter 3 Client Relations

Part Two: Planning for Death and Disability

• Chapter 1 Planning
• Chapter 2 Additional Planning Considerations
• Chapter 3 Tax Aspects of Planning for Long Term Care and Disability

Part Three: Long Term Care

• Chapter 1 The Role of the Elder Law Attorney
• Chapter 2 Delivery of Care
• Chapter 3 Funding the Cost of Long Term Care

Part Four: Available Government Benefits

• Chapter 1 Social Security
• Chapter 2 Supplemental Security Income
• Chapter 3 Medicare
• Chapter 4 Veterans Benefits and Long Term Care
• Chapter 5 Medicaid

Part Five: Nursing Home Care

• A. Introduction
• B. State and Federal Regulations
• C. Selecting a Nursing Home
• D. Typical Problems Applicants Face
• E. Transition to a Nursing Home
• F. Transfers Between Nursing Facilities
• G. Nursing Home Contracts
• H. Residents' Rights
• I. Autonomy and the Role of Guardians and Surrogate Medical Decision Makers
• J. Monitoring Quality of Care
• K. Care from the Nursing Home Staff
• L. Resources for Handling Problems and Abuses in Nursing Homes
• Exhibit 5.1 Order in Bay View Nursing Center, Inc. V. Michelle Davey

Part Six: Accessing Medicaid for Long Term Care

• A. Overview
• B. The Law
• C. The Application Process
• D. Medicaid Denials and Appeals
• E. Estate Recovery
• F. Basic Requirements for Medicaid Eligibility for Nursing Home or Waiver Programs
• G. Medicaid Eligibility for Nursing Home or Home and Community Based Services for a Single Person
• H. Nursing Home Resident-applicant with a Spouse in the Community
• I. Medicaid Planning
• J. Conclusion
• Exhibit 6.1 South Carolina Level of Care Criteria
• Exhibit 6.2 Court Created Special Needs Trust
• Exhibit 6.3 Income Trust

Part Seven: The Vulnerable Adult

• A. Abuse, Neglect, and Exploitation Defined
• B. Prevention Strategies
• C. Signs of Abuse, Neglect and Exploitation
• D. Reporting and Investigating
• E. Identity Theft
• F. Protections for Children with Disabilities

Part Eight: Protective Actions in the Probate Court

• Chapter 1 Guardianships and Conservatorships
• Chapter 2 The Role of the Guardian Ad Litem in the Probate Court