Senior Living on the Suncoast

Caregiver Glossary P1 ft. Sierra Butler

October 05, 2020 Steve Bennet-Martin, Sierra Butler Season 1 Episode 31
Senior Living on the Suncoast
Caregiver Glossary P1 ft. Sierra Butler
Show Notes Transcript

In the first edition of the caregiver glossary, Steve Bennet-Martin welcomes back Sierra Butler to the show to define some important Elder Law- related definitions.

Definitions:
Elder Abuse, Neglect, and Exploitation
Medicaid
Guardianship

Contact Sierra today at Butler Elder Law- 941-254-6611 or http://www.butlerelderlaw.com/

VOTE IN THE CARE AWARDS TODAY AT WWW.HAPPYLIFEPOD.COM

Support the show (http://www.patreon.com/happylifepod)

Steve:

hello there, everyone. And welcome to senior living on the Suncoast. I'm your host, Steve Bennet-Martin. And I'm happy to bring you the only senior centered podcast to assist us all. As we navigate the complex systems of aging together, up and down, the Suncoast of Florida. My mission with this podcast is to help make sure that the rest of your life is the best of your life, which means today we'll be starting part one of our series of the care giver glossary. yes, I had teased this in a previous episode, but at times when I'm working and other projects like the Care awards, I'll be getting to momentarily, I might not always have the chance to line up a full episode with a full guest. And so at these points, I am pulling on past experts and giving them the opportunity to come back and give us a bridged short definitions that we can keep in, compile into the series. So that for viewers, as they are catching up and listeners, they have a chance to catch up on these great definitions that they need to know for navigating the complex systems of aging. So before I get into that, this episode, it will be coming to you out on October 5th of 2020. And so because of that, being that we are in October, no matter whether you're a caregiver, a senior or a professional, you all are of age to vote. So don't forget to vote. you can, even if you're in a community or unable to get out to vote, there are ways to vote by mail. luckily. If you're listening to this podcast, you have access to the internet in some way, shape or form. And so if you're on the Suncoast or in the state of Florida altogether, don't forget to go to register, to vote florida.gov for more information, or how to get set up to vote in our area. I have not already, but this is how you get your voice heard. In second link in terms of local news, we are in the open nomination phase of the 20, 20 Suncoast to senior care awards. So that is the award show that this podcast is co-producing along with Sierra Butler of Butler, elder law to help give thanks to all of the amazing. Companies communities and caregivers that have been keeping our seniors safe, year after year. But especially after this year being a little more tough or a little more talked about in previous years, we really wanted to give them the chance to give back and say, thank you for all that you do. And so you can go to my website, which is www dot happy life, pod.com. It is the first thing you see when you get to that landing page, is that beautiful survey. You can complete it. If you're in our industry and you want to win a category, tell your friends to vote on it, tell your family to vote on it. I made sure that is 50 categories to everyone can seen and be heard, but you don't have to vote for every category. So you can easily just have your friends and family pop on, to vote for the categories you want them to. We're having them vote for everything which is ideal or what they know about. Which is the best case scenario, but vote today. Again, you can just go to happy life, pod.com. That's Ha P P Y L I F E P O d.com. And from there, I will transition over to our caregiver glossary, which. Just happens to be featuring Sierra Butler from Butler elder law. You're a co-producer of the 20, 20 Suncoast senior care awards. So I will transition over to her and enjoy part one of this three to four part series. And in the meantime, I will see you all next week. Yes. And for this segment of our glossary, we are welcoming back to the show Sierra Butler from Butler elder law. Welcome back Sierra.

Sierra:

Thank you. Hi, Steve. It's great to be here.

Steve:

Yes. And for those of you who did not listen to the elder law episode earlier in our series, why don't you give a brief introduction to the audience of who you are and what you do?

Sierra:

Sure. So, I am an attorney. My, main area of practice is elder law. I serve, families, elderly clients, in Sarasota and Manatee counties. and I just generally, practice. Specifically elder law in the areas of Medicaid, guardianship and estate planning.

Steve:

Excellent. Thank you very much. And so for this episode, we are bringing you back to define three definitions. The first of which is elder abuse, neglect and exploitation, which I know from my experience as a care manager is a very important definition. So please do tell.

Sierra:

Yes. And so, and there's a lot of definitions within definitions, but you know, when we say abuse, neglect and exploitation, a lot of times people are like, okay, abuse. They know what that means. and neglect, you can kind of, you have neglect in other areas of law, but then exploitation is the one that really, I think we need to spend the most time on. So I'll do that last but abuse. Okay. Think about any wilful act or a threatened by it could be by a relative or a caregiver or a household member. And it's likely to cause a significant impairment. To a vulnerable adult, physical, mental, or emotional health. So abuse, the big thing to get from this, it can be physical, mental, or emotional abuse, and it can also be, you know, an act or a failure to act in that case. And when I talk about this vulnerable adult, that's something that I think really should be, you know, in your definition category as well. And that's okay. Anybody who's over 18. Okay. Whose ability to perform normal activity, the daily living, if those are impaired, if they can't protect themselves because of any mental, emotional, sensory, longterm, physical, or developmental disability or dysfunction, or just generally Steven. The infirmities of aging. So that's what I want people to think about infirmities of aging. Okay. Thanks.

Steve:

Yeah. And you actually taught me something new today, cause I know that child abuse is 18 and under. So I would have always assumed that elder abuse was 65 and over. So the fact that it's 18 and over is definitely changing the way that I would have originally guessed.

Sierra:

Yeah. So that's, that's what we think about abuse. When we think about neglect, then we're talking about that, you know, omission on the part of like a caregiver or even the vulnerable adult themselves. If they're not doing those things necessary to maintain your physical health or their mental health. So it could be, you know, neglect in the sense of like, they're not getting food for themselves or not getting medicine for themselves or medical services. And you kind of look at it in the right of like, what would a, like a prudent person do your average prudent person, you know, they would be making sure that you had a couple of meals a day, then neglect would be, you know, over that course of time, not having that. You know that food. and so that's, that's the neglect. You kind of think, you think more of it as like a repeated, you know, incidents of carelessness that, you know, over time really caused that danger. And then the last piece was the. Exploitation

Steve:

last, but certainly not least, because you said it's the most detailed or the most unknown

Sierra:

it is. and so here's how I'd like to talk about people and I like to kinda even break it down. So we've got, if you've got a person who stands in a position of trust and confidence, Okay with a vulnerable adult. So we just, we just define vulnerable adult and got a person that stands within trust and confidence. So that could be a family member. It could be a caregiver, you know, it could be your power of attorney. it could be a professional, but the idea is that that vulnerable person is relying on this person with trust and confidence. And then if they buy deception or by intimidation, if they use, or they try to use. The vulnerable adults assets or property. Okay. And if they're doing it to either permanently or even temporarily deprive that elderly person of the use of that, of that asset or that fund or that money. And so like when you kind of put that together and like, what does that mean in real life? A lot of times it's a. Vulnerable adult who's maybe an elderly person, perhaps, they rely on maybe, maybe their daughter or their son who is, you know, making sure that they have food or maybe they're even serving as their power of attorney. And if that person acts badly, not in good faith. Yeah. I already have that position of trust and confidence, but then maybe they're supposed to be, they're supposed to be using the money to get the vulnerable adult, their food, and instead they're using it and you're taking themselves out to dinner. Then that would be an exploitation you take in the funds that were supposed to be used for that elderly versus that vulnerable adult. And you've used them and you've deprived to them. They can't get their own food and they can't do what they want with it because you use it on something else that wasn't meant for them.

Steve:

So in addition to being despicable, that it would also be exploitative.

Sierra:

Exactly. Perfect. I think you got it.

Steve:

All right. Wonderful. And so moving on Medicaid is a loaded definition, but if you could, you're famous for making things that are really confusing, really simple. So I'd love to see how you do that with Medicaid.

Sierra:

Yeah. And in fact, as I sat down to do that, this one, I was like, Ooh, this is, this is one of the harder ones to really kind of get into a concise definition. but the way that I've kind of, I like to describe it is Medicaid is a means tested. Public assistance program for individuals. And specifically when we're talking about the elderly, it is used to help those elderly people pay for the cost of longterm care. So it fills in the gap between, usually what Medicare will pay and then what the I'll start over. I'm going to start with it fills in the gap. Okay.

Steve:

Okay.

Sierra:

It's still the gap between what that individual can, can pay and the amount of money that the facility costs to have you there. And so usually when we're thinking about Medicaid for elderly people, we are thinking about it in a nursing home setting or an assisted living setting. So that's really the definition I've given you today.

Steve:

Well, wonderful. And that certainly is a better way than I could have tried to stumble through even after all of my time working around Medicaid. So thank you.

Sierra:

You're welcome.

Steve:

Okay. That brings me to the, our last definition, which is something that is very loaded. And I worked a lot with, as a care manager and that is guardianship. And so can you explain for our audience what they need to know as a caregiver or as a senior about guardianship?

Sierra:

Sure. So an a most basic level, a guardianship is a court process whereby we all have rights. I have rights of my person and I have rights of my property. For example, I have the right to go drive a car. I have the right to have a job. I also have the right to manage my property, to make a will. Those are different rights of your person and property. And in a guardianship, those rights are actually taken away. Okay. And then they are delegated to someone that is called a guardian, the person who has their rights taken away, the ward and the guardian is allowed to exercise those rights in each area that the ward is found to have incapacity. So sometimes award can have the ability to make a decision about their person, you know, where they live their medical treatment, but they don't have those. Those skills and that functionality to take care of their property. So they have a limited guardian of the property. And what is the most important thing I think is part of this definition is that orient shift usually comes into play for the elderly when there has been no least restrictive alternative. And for your listeners out there, that means, and this is where I say, make sure you do those powers of attorney and you do those healthcare documents because the court will look to those first to see if there's any alternative to guardianship. Because in my mind, guardianship is a last resort, except for when you have situations where they don't have a document that's already been done or situations of. Exploitation.

Steve:

Well, wonderful. Excellent. And that is a great way to kind of bring it all back together. So in addition to being a great resource for definitions like this, if someone needed your actual help, what would be the best way for them to get in touch with you? Sierra?

Sierra:

Sure. If the best way to reach me is by calling my office (941) 254-6611 or by checking out my Facebook page or my website, which is www dot Butler, elder law.com.

Steve:

Excellent. Well, thank you very much for taking the time to share your pearls of wisdom with us.

Sierra:

You are so very welcome.