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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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Advance Directives: Planning for the Unexpected

Are You Prepared for the Unexpected? Avoid Stress & Cost by Planning AheadAre you and your family prepared for the unexpected? In the event of a sudden illness or injury, advanced directives can save you and your family time, money, and emotional distress.

The three advanced directives everyone should consider are health care proxies, living wills, and powers of attorney, yet these precautions are often overlooked by married couples.

This year I have had the pleasure of working with a married couple who suffered an unforeseen and life-changing event: the wife suffered a debilitating stroke while undergoing a simple medical procedure, and she needed the type of care that is only available in nursing homes.

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Preparing for the Winter: Legal Documents for Peace of Mind

You Don’t Need to Travel to Our Office to Get HelpUnless you have a crystal ball, it’s impossible to predict what the future holds. Should you become unable to make your own decisions, it is imperative to appoint someone to take care of your affairs and make healthcare decisions on your behalf.  Additionally, in order to ensure that your assets are passed on to your loved ones without problems, high legal fees and time delays, it is important to start your planning today.

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Understanding the Impact of SSI Benefits on other Benefits

Beware: Increased Child Support May Mean Decreased or Lost SSIIt is a little-known but important fact that receiving benefits of one kind can affect benefits of another kind, sometimes adversely.

Take the case of Sally and her son, Paul. Sally is a constant advocate for Paul, who has special needs. Paul is currently receiving Medicaid and Supplemental Security Income (SSI). Sally is also receiving Medicaid.

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How I Found Love in Elder Law and Estate Planning

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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The Truth About Nursing Homes: Reasons to Consider

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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Why You Need Legal Advice for Elder Law and Estate Planning

Everyone has their niche.

Financial advisors have a certain field of expertise, and most are very good at what they do. However, when it comes to elder law, Medicaid and estate planning, there is no substitute for sound legal advice.

Case study:

A retiree originally made an appointment with a law firm specializing in estate planning and elder law – but, a family friend was a financial advisor. He decided to work with his friend and canceled his appointment with the law firm.

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Safeguarding Clients from Long-Term Care Costs

*This article has been re-posted from AccountingToday.com with permission from the author, Henry Montag. Click here to see the source article.

As your clients’ most trusted adviser, how can you protect them from the financial threat and high costs of long-term care?

You basically have two initial choices. Let’s assume your client is under age 75, relatively healthy and understands that an unexpected, unreimbursed long-term care expense is a real threat that can unravel their and their spouse’s retirement plans and lifestyle. You can talk about “what if” scenarios, including the purchase of a long-term care insurance policy. Or you can avoid the fact that costs for care at home or in an assisted living community are in the $60,000 to $75,000 range, and that costs in a skilled nursing facility are in the $125,000 to $175,000 range and are both increasing by 4 percent annually.

Should you have this unpleasant, difficult conversation with your clients? Since the odds of this problem affecting a client over age 80 is approximately 70 percent, it could make a great deal of sense to get your clients thinking about a solution to a problem they may one day likely face. Where will the necessary funds come from to pay for these costs? Is there a readily accessible source of sufficient funds that will not trigger a large unnecessary taxable event when liquidated? Should the client self-insure against this threat or would it make more economic sense to purchase a long-term care insurance contract from one of the major insurers?

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