Tag: Long-Term Care

The End of the Year Long-Term Planning Checklist You Need in Florida

Are you an active senior living on your own in Florida? As the year comes to an end, have you thought about your future and long-term care? What would happen to you if you suddenly became incapacitated due to an accident or surgery? What is your plan if you receive a serious health diagnosis? Do you have a legacy in place for your estate when you pass away? All these questions need planning ahead for answers.

Quite frankly, most of us would like to avoid even thinking about any long-term planning, let alone doing anything, but it is very important. Having the time to decide early, before a crisis occurs, is invaluable. Working with an experienced Florida elder law attorney to ensure your lifetime of savings is protected from nursing home bills is an invaluable gift. 

When you do meet with your Florida elder law attorney, how do you begin the conversation about planning for the future? In our office, we understand that long-term planning can be complicated. We know that you, like many of our clients, have questions. Below, we would like to share with you an end of the year long-term care planning checklist. As the year is drawing to a close you may want to use it when talking to your loved ones about long-term care planning for yourself over the holidays, or anytime throughout the year.

  • Do you live at home?
  • Are there mobility issues within your home?
  • Is your home equipped for you to age in place?
  • Do you have a life alert or alarm system in place to help you should you fall?
  • Have you had any changes to your doctors or your medications?
  • Are your doctors covered by your insurance?
  • Do you have any new health care concerns that have arisen over the past year?
  • Do you have a good local support system?
  • How is your mental health?
  • How collaborative is your family dynamic?
  • Do you have a Florida estate plan and is it up to date?
  • Does your Florida durable power of attorney include super powers?
  • Are you able to live comfortably on your monthly income?
  • Do you have long-term care insurance?
  • How long could you afford to pay for a nursing home out of pocket?
  • Have you worked with an experienced Florida elder law attorney to create a plan for long-term care?

While long-term planning can be difficult to think about, it is critical. As the year draws to an end, long-term care planning may be developed in a way to provide certainty, which can often be missing in the aging process. When you plan for your long-term care you and those you love will benefit from the peace of mind that comes with your planning.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Resources and Ideas to Support Family Caregivers This November

Are you aware that the month of November has been devoted to recognizing and encouraging the nation’s family caregiver population? During November, National Family Caregivers Month formally acknowledges the work of these unselfish family members who are crucial to our society and understands their value. In fact, without the vital and year-round aid of family caregivers, millions of seniors would have serious difficulties.

Throughout the nation there are over 53 million of these compassionate individuals. In recognition of National Family Caregivers Month, we would like to share some very important resources for caregivers and seniors on our blog.

1. Respite care should be available for caregivers. Caregiving is often a sacrifice in terms of time, money and opportunity costs, especially if a senior loved one has a physical or mental health disability. Therefore, many times caregivers are at risk of developing their own health problems due to exhaustion and unmet needs. By having respite care available, caregivers are able to take breaks and care for themselves.

2. Health care options for seniors. Do you know all the health care options available to seniors today? Please look at this list.

  • Department of Veterans Affairs – The V.A. provides a vast array of support services for qualifying senior veterans and their families, including a paid family caregiver benefit. The program is called Veteran-Directed Home and Community Based Services. Elder law attorneys are potent advocates for senior veterans’ rights and often help secure V.A. benefits if they are denied.
  • Medicare — Medicare is a massive federal health program for people aged 65 and older. Senior caregivers might not realize that Medicare covers home health and skilled nursing services in many circumstances.
  • Medicaid — Medicaid is a federal-state partnership program that provides health coverage for people with limited income and assets. Medicaid can also pay for long-term care in nursing homes.
  • SHIPs — State Health Insurance Assistance Programs, or SHIPs, provide free support to Medicare beneficiaries and their caregivers.

3. Legal planning is essential. If you have a senior loved one, the time to start legal planning is now. Do you have questions about what you or your aging loved ones need? From advance directives to estate planning to long-term care proactive planning, a Florida elder law attorney can help.

We know you may have questions. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

8 Critical Considerations When Planning for Florida Long-Term Care

Did you know that with less than half of all Americans today having an estate plan, even fewer have planned for their long-term care needs? What exactly is long-term care planning? Long-term care planning, or elder law planning, is planning for a possible future when you may need to depend on someone every day due to physical and/or mental cognitive issues.

We meet with seniors and their loved ones on a regular basis about what it means to need long-term care and how to plan successfully to meet those needs. We would like to share and have you think about these critical considerations as you learn more about long-term care.

1. Start to plan for long-term care now. You do not want to put off planning until it is too late. In fact, the best gift you can give yourself is to have a long-term care plan in place so that should the time come when you are in need of long-term care you are prepared and not at risk.

2. Be sure your estate plan is up-to-date and reflects what you want. In addition to a long-term care plan, having an estate plan is important. Your estate plan allows you to give legal authority for healthcare and financial decisions to another trusted person. You can also designate this person or persons the authority to make decisions when you are not able to do so independently.

3. Know the cost of long-term care. Long-term care in any setting is expensive. You can learn the cost for the type of care in our state by using this link from the Genworth Cost of Care Survey. Look at your financial resources. Should the time come that you need long-term care there will be a cost. What can you afford right now? What do you want to protect? What are your monthly bills? Prepare yourself for the future by understanding where you stand right now. Your Florida elder law attorney can assist you with your preparations.

4. Know the different types of long-term care. You need to know that there are many steps in between nursing home care and home care. From homebase care to independent care to assisted-living care and skilled nursing home care, there are many options. You can use this link we want to share with you from the AARP website.

5. Look into whether long-term care insurance is an option for you. Long-term care insurance is a type of insurance that can provide financial assistance should you need long-term care. Do not put off speaking with a long-term care insurance agent to learn more about what your options are.

6. Speak with an experienced Florida elder law attorney. An experienced Florida elder law attorney will be able to educate you on what your options are in numerous circumstances and come up with a plan to make sure you, your family, and what you care about most, is protected. Make a list of questions. Long-term care, the aging process, and family relationships are all complicated. Do not hesitate to make a list of what you are concerned about and the questions you need answered. Be aware, this list will change over time as you answer one question and encounter the next.

7. Know your support group. Unfortunately, many of us do not have the luxury of our children living in the same city, let alone being able to help with long-term care needs should they arise. Determine who your local support group is and speak candidly with them about what long-term care means and how you will get the support you need.

8. Discuss now with your doctors and specialists. Long-term care impacts every person differently. If you have a new diagnosis or a chronic condition, speak freely with your doctor about what you should expect in the future. While your long-term care needs are unique to you, your doctor knows you and will be able to give you advice on what to understand and potentially plan for.

We know this list may seem daunting. We also know you may have more questions now that you’ve read it. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Helping Your Aging Florida Parents Answer Key Questions Before it is Too Late

Are you the child of aging parents living in Florida? As your parents age, are you looking for ways to support them in the challenges they face, including mobility and physical challenges, changing health care or financial providers and aging in place issues, to name a few. All these circumstances your parents and you face may, at times, feel overwhelming.

As you look to the future for your aging parents, do you have questions about how best you can support them? We advise our clients that have issues like this in our practice each day and we want to share a few key questions for you to ask them right now.

1. Do your aging parents have short term goals? If they do have definite goals for what they want now, and in the immediate future, then start the conversation, but do not hesitate to include these conversation points:
• Are they approaching retirement?
• Will they be able to afford their lifestyle when they no longer have a paycheck?
• Do they need to address any advancing health care concerns now?
• Do they have long-term care insurance?
• Do they want to live in their home as long as they can or do they plan to relocate?
By starting to ask questions like this, you and your parents can begin to find answers and begin planning in order to help them reach their goals.

2. Do your parents have any long-term goals? This may be an uncomfortable conversation, but it is critical to have with your aging parents sooner rather than later. Be mindful that no one wants to consider end of life plans, or a time when only one spouse is alive, so be thoughtful. Another difficult conversation, but also very important is the conversation in regard to a potential disability or the need for skilled care.

3. Have they thought about aging in place? Aging in place is still a fairly new term across the nation. It is the idea of being able to stay in your own home longer and avoid skilled institutional care. You need to begin talking to your aging parents about this as soon as possible. Because when it comes to aging in place, proactive planning is critical and you can make a difference when you talk to your parents as soon as possible. If they like the idea, they should meet with an experienced Florida elder law attorney to address their needs.

4. Do they have an estate plan and does it reflect their current goals? Believe it or not less than half of all Americans have an estate plan. Therefore, the first step is to be sure your parents have an estate plan. If they do not, you need to explain to them that you do not want them in the vulnerable position of not being protected against probate or at risk of not having a healthcare decision maker in times of crisis. If they do have an estate plan be sure your parents are updating their estate plan on a regular basis and that it reflects their current wishes for both their legacy and their decision makers.

5. Do your parents have a Florida estate planning and elder law attorney? It is critical that your aging parents have the representation that comes from working with an experienced estate planning and elder law attorney. She can step in to ensure both their lifetime and end of life decisions can be met. To the extent you can be included as you respect the privacy of your aging parents, request to be so that you have a full understanding of your parents wishes.

We know this article may bring up more questions than it answers. Helping your aging parents address issues like this will both help you care for them and ensure everyone is working toward the same goal together.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Three Reasons Why Trusts Fail

Are you contemplating adding a trust to your Florida estate plan? Trusts are a useful estate planning instrument: To keep an estate out of probate. For tax planning purposes. For long-term care planning by structuring a person’s assets in a way that makes him or her eligible for Medicaid to cover the expense of a nursing home. Unfortunately, though, trusts can also fail. We would like to share with you three reasons why a trust may fail.

1. The trust was never funded. Working with your Florida estate planning attorney and creating a trust is a lot of work. Equally important is signing the trust and making it legal. However, there is one more very important step, the trust must be funded. All of the assets described in the trust must be moved into the trust in order for the trust to be funded. This means that the trust must hold title to all of your assets. This involves changing the deed on your home, the title to cars, boats, RV’s, the ownership of bank accounts and stock certificates intended to be transferred into the trust. Funding a trust can be a critical step in properly establishing a trust, but it is also one that may be overlooked. If the trust is not funded, the trust’s beneficiaries may find that they will receive nothing from the trust.

2. The beneficiaries were never updated. Once you have completed your trust, you do not just place it in a drawer or safety deposit box and forget it. A trust should be reviewed and if necessary updated whenever there is a significant life change, such as the birth or death of a loved one, a divorce or a remarriage, or even the death of your trustor. All of these life events can impact who inherits from your estate.

3. The trust was never updated to reflect current law. You need to be aware that the laws on trust and estates can change. In fact, your trust may have been drafted under one set of laws, but more importantly, there may be new or updated laws at the time of your passing, which have the potential to invalidate portions of your trust. Your best solution to this problem is to work with your Florida estate planning attorney. She can provide periodic bulletins regarding significant changes in the law, which can alert you to the need to have your trust revised. It is vital that everyone have their trust reviewed periodically by their estate planning attorney to assure that it is supported by current law.

With good planning, trusts can be one of the most useful estate planning instruments. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

The 10 Point Nursing Home Checklist You and Your Loved Ones Need

Do you have loved ones that you care for and now need skilled nursing care? Are you finding this discussion with your loved ones the most difficult thing you have ever done? We realize that the decision to move your loved ones to a nursing home is hard. How do you find the right one? Will there be challenges? How do you make sure that the needs of your loved ones, both now and in the future, will be met by the facility?

Finding the right facility for your loved ones, that can meet their health care needs, is only the starting place in your research. In addition, what other factors will you and your loved ones need to consider that you may not be aware of yet. Right now, in this blog, we would like to share our 10 Point Checklist that you and your loved ones can read and use in your research as you assess your choices.

1. Financial programs and health care services. Are programs such as Medicaid and long-term care insurance, that can help offset the high cost of care, accepted? Find out early in your evaluation process. Be aware that not all nursing homes provide the same health care services. Make a list of the health care services your loved ones need and use this list to determine if the facility is a fit for them.

2. Location may be important. If your loved ones want to stay in the community where they have always lived, then you must try to find a good nursing home in their community.

3. Change in levels of care and medication management. If the health of your loved ones declines or improves, will they be able to stay in the facility? You need to know this now, so that any moving later on can be avoided. Does the nursing home manage medications or is it considered an additional service? Most skilled nursing homes include this service, but some do not, so be sure to ask.

4. Programs, activities and ways to engage the residents. Knowing that loneliness and isolation are a leading cause of death for Older Americans, it is crucial that the facility offers opportunities for your loved ones to be active and engaged.

5. Communication plan. How does the facility communicate with the families of their residents? Does the facility report to one designated family member about the needs of the resident? Will the facility talk with multiple family members, as well as the agent(s) under the durable powers of attorney of your loved ones? Communication is vital and you need to know the facility’s plan.

6. Online connection plan. Will you be able to connect online with your loved one? Will you and your loved ones be able to use FaceTime, Skype, Messenger, or other methods of online communication? Be sure to see if the facility has a plan to ensure you can connect with your loved ones once they become residents.

7. Licensed by the state. Be sure to look into the facility’s licensing. Is it up-to-date? Have there been any problems? How were challenges addressed?

8. Disaster management and updates on Covid-19. All nursing homes you visit should have a plan for how it will manage disasters. Disasters can range from viruses to natural disasters to power outages, and in Florida, to hurricanes. You need to discuss what to expect and the facility’s plan for handling these issues before signing the contract.

9. Take a tour, read reviews and ask for opinions. Before visiting the nursing home read any reviews you can find online. Once you are onsite, if possible, ask residents their opinions. Get the opinions of family and friends about the facility. Be sure to schedule a tour, but also consider an unscheduled tour so that you can evaluate the facility without it having time to prepare for your arrival.

10. Staff, turnover, and health care provider permissions. Find out about the people working in the facility. Do they seem happy? Caring? Busy? Is there frequent staff turnover? Also, find out if your loved ones’ current health care provider will be able to enter into the facility to treat your loved ones.

These 10 points are just the beginning of the research you will want to finish before placing your loved ones in a long-term care facility. We encourage you to discuss your potential choices, as well as your goals, with your Florida elder law attorney. Your attorney can help guide you in this critical decision so your loved ones can find and access good long-term care.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

How to Start Important Conversations About Medical Care with Aging Loved Ones

Are you the adult child of aging parents? Do you know if your loved ones have a current estate plan in place? Have you had any conversations with your aging parents about planning for their future? If you are uncertain of the plans of your aging parents it is important for you to know what they would want in the event of a sudden crisis or incapacity. We encourage you to set aside time, as soon as possible, to have conversations with your aging loved ones about their personal preferences for medical and long-term care.

Are you having a difficult time starting the conversation with your parents about their plans for their future healthcare? You could begin your conversation with these questions.

• Do you have someone you trust to make medical decisions on your behalf?
• Do you have someone you absolutely DO NOT want to make decisions for you?
• Do you want to use feeding tubes, life support, and other artificial life-saving devices?
• Is there any type of medical care you would NEVER want?
• If you were permanently disabled or incapacitated, what would help or take away from your “quality of life?”
• If you had a choice, would you prefer skilled nursing home care or in-home healthcare?
• If co-pays become excessive or insurance does not cover your treatment how would you want your family to pay for your care?

As your aging loved ones make their choices, they must be sure to document all of their decisions and choices in their estate plan.  Your parents should make an appointment to meet with an experienced and qualified Florida estate planning attorney as soon as possible. Their estate planning attorney will be able to offer advice and assistance as they choose a healthcare decision maker.

Do you have questions? Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Three Tips to Prevent Your Parents Losing a Lifetime of Savings to Long-Term Care

Have you been able to provide the necessary care on your own for your aging parents and now it is not enough anymore? Are you facing the difficult decision to place your aging parents into a nursing home? Are you concerned about the cost of nursing home care and trying to help your parents protect a lifetime of savings from being completely used up by the cost of care?

Because May is both National Elder Law Month and National Older Americans Month, this is an important time of year to ensure our aging loved ones have the support they need. Let us discuss three tips to prevent your aging parents from losing their life savings to a nursing home.

1. Early Planning. The most important thing your parents can do to preserve their life savings is to start planning for the future before those plans need to be put into effect. Meet now with a Florida qualified elder law attorney to engage in long-term care planning, this planning can be critical.

2. Know the Difference Between Medicare and Medicaid. Your parents may be hoping that Medicare will help with nursing home costs, but they probably should not. Typically Medicare only covers 100 days of nursing home care. If your parents qualify for Medicaid, then the Florida Medicaid program will take over when Medicare benefits are no longer enough. Medicaid will cover nursing home costs for qualified individuals for as long as they need it. But there is a catch! Medicaid rules require your parents to spend down most of their life savings prior to qualifying for the program. Medicaid also has a look back period of 5 years. Medicaid will see what your parents held in assets, and what their income and expenses were during this time period.

3. Stay 5 Years Ahead in Planning. By working with a Florida qualified elder law attorney, she can help your parents plan around this 5-year “lookback” rule to protect the life savings of your parents. Your attorney may advise that the best way to do this may be to ensure that the assets of your parents are transferred out of their estate prior to the 60 months before they need nursing home care. Since the need for this care may be on the horizon, it may be best to start planning early. Your attorney can work with you to figure out the best approach.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Can You Afford a Nursing Home If Your Loved One Has Parkinson’s Disease?

Have you and your family recently learned that a loved one has received a diagnosis of Parkinson’s disease? Has your loved one learned that his or her ability to walk, bathe, and dress may become increasingly impaired? In addition, your loved one may face an increased risk of falls. In the future, as the Parkinson’s progresses you, your loved one and your family may be faced with the difficult decision of placing your loved one in a nursing home. With the decision to place a loved one in a nursing home, the question will be how to afford the exorbitant cost of the nursing home.

As you, your loved one and your family determine how to pay for a nursing home, find out if your loved one is in possession of any type of benefits which may cover the cost of a nursing home. For example: a long-term care insurance policy, life insurance policies, which can be cashed out, or veteran’s benefits. If your loved one does have one or more of these benefits be sure to gather copies of all the supporting documents of these policies, which may include copies of insurance policies or proof of veteran’s benefits. Having this conversation now about nursing home coverage with your loved one and family can help guarantee you have the required proof of coverage should your loved one’s mental capacity decline.

An excellent next step may be to meet with a qualified Florida elder law attorney. In addition to determining the existence of benefits, you, your loved one and family can meet with an elder law attorney to find the most reliable ways of determining how to afford a nursing home when the time comes. An elder law attorney, who is experienced in the area of long-term care planning, can assist with the review of any benefits you believe may cover the cost of a nursing home. Be aware that Medicare does not cover the cost of long-term nursing home stays, but state Medicaid does. Because Medicaid eligibility is based upon your loved one’s assets, a qualified elder law attorney may assist in the drafting of planning documents, such as a trust, which may make your loved one Medicaid eligible. Medicaid planning is best conducted early in your loved one’s diagnosis because there are time limits on the transfer of assets which may affect Medicaid eligibility.

We are very aware that a diagnosis of Parkinson’s disease can be very stressful to your loved one and family and we know there may be many other issues to navigate. By working with an estate planning and elder law attorney as soon as diagnosis is made may be the best strategy of helping to assure your loved one will be able to afford a nursing home, when the time comes. We know you and your family will want the peace of mind that your loved one will receive the care he or she deserves as the disease progresses, so that all of you can focus on sharing quality time in the present and in the future.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Do You Know the Pros and Cons of Planning for Medicaid Early in Florida?

Are you a senior living in Florida and enjoying your golden years? That is good, but are you also considering your future? Have you started planning for any long-term care needs you may have in the future? Right now would be a good time to begin to investigate how you could pay for your care if you were to need it in the future. Let us discuss more about planning for long term care in the Sunshine State.

Are you planning for Medicare coverage as an option for long-term care? Unfortunately, even though you use Medicare for your health insurance, it will not cover much in the way of long-term care, whether in a nursing home or in your own home. Although Medicare is what most senior citizens use for health insurance, it has an extremely limited nursing home benefit, covering only up to 100 days of care and only in some circumstances. It is not a reliable source of coverage if you end up needing real long-term care.

Are you wondering what other options for long-term care are available for seniors? Some seniors may rely on family members to help as they get older. There may be an adult child or another relative who can come to the senior’s home regularly or the senior may be able to move in with them. We are, however, living longer these days, and with different generations living in different parts of the country, in-person consistent help from family might not be something you can rely on. This may be particularly true if your children are raising their own children at the same time you need the most help.

If you have no other options, you might be wondering what to do next. A Florida elder law attorney is an excellent next step. Make an appointment and consult with a Florida elder law attorney who specializes in Medicaid planning to find out whether you qualify for Medicaid or how you can plan to qualify for Medicaid when the need for long-term care arises. Qualification depends on your income and assets at the time of your application for coverage. The sooner you meet with a Medicaid attorney, the better the attorney may be able to help you plan for the future. If you are able to qualify for coverage, Medicaid will cover all nursing home costs you may need in the future.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.