4 Reasons to Use an Elder Law Attorney for Medicaid Planning
As elder law attorneys, we meet with clients and help them create a plan for their future; many of these plans include planning for long-term care.
We discuss options for long-term care—such as long-term care insurance, private pay, and Medicaid. For most seniors, obtaining Medicaid to pay for nursing home care or care at home is a must. Very few people can afford to pay privately for extended long-term care, which is not covered by Medicare.
However, when it comes time to submit a Medicaid application, many seniors and their families choose to either submit it on their own or enlist non-lawyers to help with the application—often because they are afraid of the legal fees.
Can I Get Paid to Care for Mom & Dad?
Many years ago, there were certain restrictions for home care. It used to be that, in a home care setting, if somebody wanted to hire help outside of an agency to care for mom and dad, that hired person could not be a family member.
Caregivers often ask, “I stopped working because I need to take care of my mom; can I get paid for this?” The answer, traditionally, has been, “No.”
Can a Health Care Agent Complete a MOLST?
If a patient has been determined to lack capacity, then an agent under a Health Care Proxy can complete a Medical Orders for Life-Sustaining Treatment (MOLST) on their behalf.
What are Today’s Options for Private Pay Funding of Long-term Care?
Russo Law Group, P.C. is pleased to share this article on behalf of guest author Don Poole.
It is becoming more competitive to get access to the best long-term care providers, as 10,000 Baby Boomers turn age 65 every day. Statistics show that 70% or more of people over the age of 65 will require long-term care services. Today there are 10,000,000 people receiving long-term care in the United States. People with the ability to afford private pay care are typically given preferential access to the best care providers and locations; while those on Medicare and Medicaid are given little choice as to where they can go and will usually have to share a room with another person.
Tremendous pressure is being placed on tax payers to cover Medicare and Medicaid budgets because the demand for long-term care services is growing rapidly at the same time costs are rising every year. Courts and the government are doing more to push financial responsibility to cover their own care back on families. For example, the requirements to qualify for Medicare and Medicaid funded long-term care services continue to become more stringent; states have the right to pursue families in probate court to recover funds spent by Medicaid if they discover that assets were in fact available; and filial responsibility laws in the states will hold extended family members legally responsible to cover unpaid long-term care bills.
Why Hire an Elder Law Attorney?
Unlike a general practice attorney who may execute wills and trusts, elder law attorneys are versed in the complex issues the elderly face. Elder law attorneys also use a holistic approach to aid their clients.
What does this mean?
Medicaid Is Under Attack!
As in years past, the government continues to look for ways to restrict Medicaid eligibility and benefits. This year has been no different. There were proposals to further restrict Medicaid eligibility and coverage. As part of the governor’s annual budget, the New York State Senate and Assembly were presented with a plan to:
- Eliminate or reduce spousal refusal;
- Reduce the community spouse resource allowance; and
- Limit what services Medicaid would pay for.
Fortunately, both houses rejected these proposals. But this may not be the end of the story.
March 2016 Seminars: Is Your Home at Risk? (Paying for Long-Term Care)
For many, the biggest asset associated with one's name is their home. Should a catastrophic illness occur and immediate care is required, many would not willingly choose to use their home to pay for this care. Join us at one of our…
Why You Should NOT HIRE the Nursing Home Attorney to File a Medicaid Application
For most seniors, obtaining Medicaid to pay for nursing home care is a must. Very few people can afford to pay privately for extended long-term care, which is not covered by Medicare.
The nursing home may provide you with a list of attorneys to assist with the filing of a Medicaid application. It is suggested that you obtain three attorney references in writing.
A key question for the family to ask is: Do any of the attorneys on the list currently represent the nursing home?
Estate Planning — Like an Ironman!
Estate Planning and an Ironman event…what does one have to do with the other you ask? EVERYTHING!
As a proud wife of a first-time Ironman and an elder law attorney, I can explain.
Step 1: Hire a Coach
- Most first-time Ironmen striving to cross that finish line after 140.6 miles of swimming, biking and running need direction on how to build up their endurance for such a long race.
- Most people doing estate planning for the first time need a plan to protect their assets. Elder law attorneys know what needs to be done to protect your assets from your future long-term care costs.