Yesterday I spoke to Jill, whose mom and dad have been talking to their friends. They have mentioned to Jill that they are getting nervous that they need to do some Estate Planning. They know that many of their friends…
So, the stimulus checks went out. Now what? For those who received those funds, the hope was that you would be using the funds to help pay for things you need and in turn, that would help the economy. What…
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.
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 path—in 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.
In 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…
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?
My 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.
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.
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.
An investigation of the state of Florida’s service system for children with disabilities found that the state fails to meet its obligation under Title II of the Americans with Disabilities Act by unnecessarily institutionalizing hundreds of children with disabilities in…