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4 Reasons to Use an Elder Law Attorney for Medicaid Planning

Medicaid Planning - 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.

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What Happens to Nursing Home Residents During a Natural Disaster?

What Happens to Nursing Home Residents During a Natural Disaster?As the fourth anniversary of Hurricane Sandy approaches, it is important to remember the loss of life and brutal destruction that was left in the wake of its pathin order to be more prepared for the future.

Before the next devastating storm hits our shores, it is crucial to make sure we are ready to provide the appropriate relief to all residents, especially those within our most vulnerable populations, such as residents of nursing homes and assisted living facilities.

Recently, the Centers for Medicare & Medicaid Services (CMS) finalized a new rule establishing emergency preparedness requirements for healthcare providers participating in Medicare and Medicaid. The new rule is aimed at increasing patient safety during emergencies and establishing a more coordinated response to natural and man-made disasters.

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How Will Decisions Be Made If I am Incapacitated? Part 2: Guardianship

How Will Decisions Be Made If I am Incapacitated? Part 2: GuardianshipIn a previous blog, we discussed the important documents—healthcare proxy, living will, and power of attorney—that allow you to appoint people to make healthcare, legal, and financial decisions on your behalf should you become incapacitated. If you have not finalized those documents before you become mentally or physically unable to make decisions, then a guardianship proceeding will take place.

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Why You Should NOT HIRE the Nursing Home Attorney to File a Medicaid Application

Why You Should NOT HIRE the Nursing Home Attorney to File a Medicaid ApplicationFor 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?

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Personal Anecdote: Why I Love Elder Law

Personal Anecdote: Why I Love Elder LawMy first job as an attorney was working for an attorney who concentrated on elder law and estate planning.    

A family member introduced him to me– and now, I cannot imagine doing any other type of law.

I love meeting with families and helping them when they are in difficult situations. It is incredibly rewarding to be able to help someone through a crisis, and come up with solutions that enable them to preserve their dignity and protect their assets.

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Don’t Assume Your Kids Will Take Care of You When You’re Old!

Don’t Assume Your Kids Will Take Care of You When You’re Old!The truth is, nursing homes are full of people who did not want to be there and whose families thought they never would.

As an elder law attorney, I often hear: “My mother will never end up in a nursing home,” or “I would never put my dad in a nursing home.”

It is all nice in theory. No one (myself included) wants to see their parents in a nursing home but, in most cases, the reasoning behind the decision is either financially driven or care-driven.

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