Elder Law / Medicaid Planning

Are you or a loved one planning on leaving your home to move to a nursing home? It is a big decision, but one that can be in everyone’s best interests. Nursing homes provide a heightened level of care and comfort that can be difficult for caregivers to provide in the home. After or during the decision making process regarding the nursing home move, the topic of what should be done with the house will probably come up, as it should. There is so much tied up in a home. There are memories, money, and so much more.
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The difficult truth that all of us could really benefit from confronting is the fact that all of us are subject to unpredictable twists and turns in life. We don’t really like to think about this as it means there is only a certain level of control we have over our own lives and that can be very scary, to say the least. The truth remains, however, that none of us are immune to some difficult curve balls thrown our way. Even those of us who are young and in great health can still face a sudden, devastating medical prognosis or be the victim in a debilitating accident. These are things that are largely beyond our control.

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Estate planning for those with special needs and those with loved ones who have special needs can be a particularly delicate process. To plan to provide support for someone with special needs requires careful planning due to the fact that he or she may rely on need-based government benefits such as SSI and Medicaid. A gift, inheritance, or any additional income could result in the loss of these benefits.

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It is no secret that times have been tough this year. The public health crisis that is the Covid-19 pandemic persists and, some days, it can feel like there is no end in sight. Older Americans have been one of the toughest groups hit not only be the virus but on collateral impacts of the virus in the form of social distancing measures. Due to the fact that COVID-19 seems to have a much more severe impact on seniors, the older population has, understandably, had to exercise extreme caution over these past few months. Social distancing measures are crucial to staying safe from the virus.

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Sad to say, but as we get older, we are not only victimized by increasing physical weakness. We are often targeted by cruel financial scams that attempt to take advantage of our free time, our desire for human interaction, and our inability to keep up with the latest technology. If you feel that you or your elderly loved ones are vulnerable, you are probably right. Fortunately, an Read more . . .

We want the best for our aging loved ones. Sometimes, the level of care needed is beyond what we are able to provide. This is when it is time to make the move to a long term care facility.

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Will my assets be seized to cover the costs of my nursing home care?

The American population is aging and currently over 10 million Americans need long-term care services.  More than 70 percent of all people over the age of 65 need to anticipate requiring long-term care at some point during their lives, which could involve moving into a nursing home or benefitting from care at home.  With the costs of long-term care ever rising, it is critical that you take steps well in advance to protect your assets so that you can qualify for Medicaid. Our Read more . . .

What types of elder abuse commonly occur in the U.S.?

Buzz Aldrin, the famed American astronaut who became the second man to walk on the moon, recently filed a claim in Florida against two family members and his former business manager alleging elder exploitation. Aldrin, who is now 88, seeks to retain control of his business Buzz Aldrin Enterprises and his not-for-profit organization, ShareSpace Foundation. The suit comes months after Aldrin’s family filed a request to be appointed as...

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What services will long term care insurance cover?

Today, approximately 46 million people in America are over the age of 65.  By the year 2060, that figure is estimated to double to 98 million people, with elderly individuals comprising 24 percent of the total population, according to the most recent Population Reference Bureau report. With each generation living longer than the last, it is imperative that you and your loved ones have a plan in place for your long term care costs.

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What is an advance directive?

An Advance Health Care Directive or Advance Directive is a legal document that states your preferences for medical actions that you want or do not want to be taken if you are critically ill or injured.  An Advance Directive should be included in all estate plans as it provides doctors and loved ones with clear guidance on how you want to be treated if you reach the end of your life.  Each state has its own unique Advance Directive form.

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What are the signs of elder abuse?

A home webcam in Texas recently captured shocking footage that has outraged the public and raised awareness as to the ongoing problem of elder abuse.  In the viral video, a home health care aid is captured physically and verbally abusing her 94-year-old patient.  The health care worker goes so far as to strike the disabled, elderly woman.

Sadly, elder abuse experts in Florida report that this Texas case is far from isolated.  According to the Florida Department of Children and Families, over 2,500 cases of elder abuse occurred in 2015.

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