USA elderly method | Pro Laywers

March 1, 2005
Reporter: sub micro| Washington

A famous thinker in ancient Chinese Confucius once said: filial also, the benevolence of this day. The meaning of this sentence is, honor is the root of all the virtues, so filial piety and support the elderly is regarded as the traditional virtue of the Chinese nation. In fact, caring for the elderly is also very important in the western culture of virtue, such as the Christian Bible "Old Testament" proposed including filial parents, the ten commandments. However, every country and culture to the old way is different, here, we to have a look Americans and USA law is how to protect the rights and interests of the aged.

* the adult children of elderly parents responsibility *

In America, adult children in general and on parents do not have the economic and legal obligations. Professor Lawrence Frolik of University of Pittsburgh College of law (Lawrence Frolik) said: "at present, USA 50 states, 30 states have laws require the children unable to care for their parents in old age support their own circumstances, the other 20 states not this requirement. The federal no child support for the elderly, legal requirements, even in the 30 states of legal provisions, it almost never implemented. By the state government to force children to pay for no money parents, almost no social and political support."

Professor F Rolnick analysis of the reasons for this situation. He said: "first of all, the geographical distribution of population USA is very wide, many children do not live with their parents, resulting in many practical difficulties for the elderly. Another problem is that, American half of marriages end in divorce, if one of the parents in children when they are young and they did not live together, then the children of parents in their old age have the duty to take care of him (her)? Furthermore, if the children to support the elderly, will make the family income, now a lot of America family economic pressure, if the husband and wife one party to send money to their parents, it may make the other party dissatisfied, resulting in family conflicts, so that the tension between husband and wife."

Professor F Rolnick pointed out, another very important reason is that they don't want to rely on old people, children, hope to maintain independent. Federal and state have various plans, providing life and pension for the elderly.

"The Elder Law Research Institute president," Ohio attorney William Browning (William Browning) said: "in the America further analysis, if the father is the criminal, bound children not by his father in law of the lawless behavior. Conversely, if the father was very successful, he has no obligation to give children leave any legacy. Traditionally, our society is based on individualism, personal freedom and personal responsibility foundation."

Professor Gretchen Wayne at the University of Wisconsin School of law (Gretchen Viney) said: "the system sounds very harsh, as people in this country do not care about the old family. I think it may be misunderstood. Although the adult children do not take care of elderly parents legal obligations, but most are designated as guardians of the people are concerned about their own parents and family members."

* guardianship law state protection of the elderly

In America, most parents don't teach children live together, they tend to live independently, or care for nursing home and accompany apartment. If you have problems the elderly to lose the ability to live independently or economic, American law how to protect them? Arizona elder law attorney Robert Flemming (Robert Fleming) said, the legal system USA in active protection of the elderly is not doing enough. He said: "most of the States will not take the initiative to find a place of older people, so they get a court protection. The legal system American rely mainly on family members, neighbors, friends or Public Guardian on behalf of these elderly people to court of appeal. Most states provide protection services in some form for adults, but these services, a shortage of funds, and work overload."

However, America states are monitoring method for the elderly. Professor F Rolnick of University of Pittsburgh School of law, said that, if the old man lost the ability to judge, it is necessary for the government to help him find a guardian, he is responsible for all legal decisions. He said: "first of all, lose the ability to judge people need a guardian to make decisions for his life, health care is a very important decision. Secondly, once lost the ability to live independently, the guardian to arrange for him to live in nursing homes. Moreover, lose the ability to judge people also need the guardian managed industry and money."

Michigan attorney Brad Gayle (Brad Geller) said, care is usually was proposed due to illness disabled elderly. He said: "the legal system America allow certain age who bear the risk, once people got older, or suffering from mental illness, brain trauma suffered or stupid, must adopt paternalistic approach, deprived of their own and bear the risk of rights."

Fleming's lawyer said, care and custody of the range defined by the States. He said: "in some states, care refers to a person's right of management, also is the housing and health care to make a decision right, on the other some states refer to economic control, some states use 'protection' someone control of the property, use it to shape control let sb on housing and health care of some states. The guardian and protector are referred to as another lost judgment ability of adults who make decisions."

Fleming's lawyer said, people can not go to court claiming that the elderly cannot make up our mind and get custody, but must prove that elderly people indeed lost judgment ability to obtain custody. Custody is a court set up relationship, it specifies a guardian care without thinking ability by guardian.

* conditions and rights Guardian *

Lost judgment ability in the elderly, but did not appoint sb generation he made about health, economic or personal decision, a government agency or a member of the family can go to court, through the legal process to appoint a guardian for him. So, what man can become the legal guardian?

Michigan guardianship law draftsman Brad Gayle lawyers said: "American laws tend to let family members, rather than let the elderly people are not familiar with the professional guardian. Only in the absence of family members or family members do not want to be guardians of the case, the court will find other guardians in family members outside, because the court's opinion, family members know best."

Professor Gretchen Wayne introduces the guardians of the rights. He said: "once the implementation of the right of guardianship, the guardian has the right and obligation of legal provisions. The legal guardian should not deprive ward of constitutional rights, such as ward will still have the right to believe in their religion. However, his decision to transfer to the guardian."

Browning said the lawyer, without payment of the guardianship of the guardian of the elderly liability. He said: "if the children become parents guardians, and parents living in a nursing home, he will use their parents money to pay the cost of nursing homes. Once parents money runs out, the children have no obligation to pay out of their own pockets nursing home fees. This time, must by the government through the medical assistance program to help."

Professor Wayne said, by a court appointed guardian can also be avoided. He said: "people can specify their guardians in judgment, or sign in healthcare and financial orders, so that the future will not be appointed guardian. Many times, people in advance for all their possible future ready, the court will not need to specify the guardian. The court appointed guardian only in people without prior to prepare once lost judgment ability happens."

Nancy Coleman of director of American Bar Association law and ageing Commission (Nancy Coleman) said, if there is abuse of the elderly, the court can intervene. He said: "if the occurrence of elder abuse people, this may be the physical abuse, may also be economic abuse, may also be psychological abuse, the elderly protection service court and state intervention on behalf of the elderly can, to seek, to abuse the elderly people out of home, or to replace the guardian."

Fleming presented his law firm lawyers often accepted. he said: "the most common situation is, children to parents to nursing homes or apartments with help, parents that could take care of. Children want their parents to live in safety, parents hope to maintain the autonomy and dignity of the individual, so that relations between the two sides will appear nervous. This is the most common legal problems of our business."

Fleming's lawyer said, child exploitation parents are common problems in the economic. He said, some children think to take care of the parents, parents' money is their, so sometimes do not spend money on pension costs, but to steal.

* the elderly social welfare system

In America, by family members supporting the old ideas, more and more to rely on social welfare system and tax to meet the needs of the elderly, such as the state government, especially the federal government, through various cash grants, nursing homes and housing subsidies and food coupons to help the elderly. Below, we from the social insurance (social security), medical care plan (Medicare), medical assistance program (Medicaid) in three aspects, maintenance problems about USA elderly.

For the elderly, a very important welfare is social insurance. American law, and pay the social insurance tax, citizens over 65 can enjoy old-age pension. The retirement insurance is mandatory, employers and employees to the insured, deducted from the wages of the employees.

In addition, there is a welfare for the elderly and disabled medical care plan (Medicare). This is to provide for the elderly over the age of 65 national health insurance plan. This insurance is divided into two parts, one part of the mainly for hospitalization expenses; the second part is the supplement to the first part, including the doctor fee etc..

In the non profit organization "America Washington to promote health care plan centered" executive director Judith Stein (Judith Stein) said that, since the health care plan, has made more than ninety percent old people have medical insurance. He said: "in the American, basic health care needs of the elderly are most paid by medicare. Medicare is American only income based health insurance plan. Anyone as long as 65 years of age, or maimed for life, retirement and social welfare, are eligible for this program."

In addition, there is a "medical assistance program"(Medicaid), jointly funded by the federal and state governments, the state is responsible for the concrete implementation. This program aimed at low-income and poor, no age limit. In many states, the plan to help pay for all medical care costs.

Professor F Rolnick of University of Pittsburgh School of law, introduces the difference between the two medical plan. He said: "the Medicare payment is ill treatment costs, rather than long-term health care costs. It pay hospital fees and test fees, but not for nursing home costs, only the hospital for a period of time in the patients to the hospital, but was not immediately returned home, medical care plan can pay 20 more days to live nursing home fees. Medical assistance program is the only funded by the federal government to help pay for nursing home expenses plan, according to the economic need, provide the relevant costs for older people who can't afford to live in nursing homes."

Fleming's lawyer said, although the elderly USA rely on social welfare system as the source of basic, but their economic circumstances better than ever. He said: "this generation of American old people than at any other time in history the elderly have accumulated more wealth. This is not to say that all old people are very rich, but impoverished elderly people are far less than previous generations."

Of course, America provide elderly social welfare system than the complex, and there are many disputes, here we only provide an outline, so that you understand America social welfare system is how to protect the elderly.