Tag: Long-Term Care

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.

Helping Our Family Caregivers During National Family Caregiver Month

Did you know that November is National Family Caregivers Month? Do you know what family caregivers do? Are you a family caregiver or know someone who is? Family caregivers are unsung heroes, working tirelessly to help elderly or disabled family members. Many family caregivers are juggling their caregiving responsibilities alongside paid work outside the home and caring for their own children. As we celebrate family caregivers this month let us share several ways you can take time to honor family caregivers.

One way to honor your family caregiver would be to think about giving your family caregiver an afternoon off once a week. Perhaps you and other family members could volunteer to give a family caregiver an afternoon off by stepping in to take over the caregiving responsibilities. If you or other members of your family are unable to cover one afternoon a week a professional caregiver could be hired. It can mean a lot to family caregivers to know they do not have to shoulder the caregiving responsibility alone.

In addition, other family members should be aware of what responsibilities a family caregiver has at home and at work. Family members could offer to pick up the caregiver’s kids after school, provide a meal once a week or take the kids out to the park or to a movie. These offers of help let the family caregiver know that the rest of the family understands the overwhelming responsibility of caring for a family member while maintaining a full time job and taking care of kids.

Finally, just as parents take care of their children and make sure their kids are safe, clean, fed and well rested, even if they are tired, hungry or need a shower, the same goes for the family caregiver. The family caregiver is first tasked with keeping his or her elderly or disabled family member clean, fed, well rested and living in a clean and healthy home, no matter how the caregiver feels. Just as parents must work to keep well rested and healthy, so must the family caregiver. To help a caregiver stay healthy, encourage them to take care of themselves by eating right, getting a good night sleep and exercising.

Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.

Establishing a Third-Party Special Needs Trust for a Disabled Grandchild

Have you considered creating a special needs trust that can be used to provide financially for a grandchild with special needs without jeopardizing the receipt or continued receipt of government benefits? There are different types of special needs trusts, each better suited to some situations than others. A qualified special needs estate planning attorney can guide you through the options. If you are a grandparent with a special needs grandchild, a third-party special needs trust may be the best choice.

A first-party trust and can be used when the beneficiary of the special needs trust is the person whose assets or property are going to fund the trust. This type is often utilized by a disabled individual in order to allow them to qualify for medical assistance from the state. As the grandparent of the special needs individual, this is probably not the right choice for you. Another type of special needs trust is a third-party trust. A third-party special needs trust can be used when you have decided to fund a trust for another special needs beneficiary, in this case your grandchild. A third-party trust is often also called a supplemental needs trust. This is because the trust is intended for you to provide funds to supplement the needs of your grandchild, rather than provide for all of their expenses or replace any assistance they might currently receive. 

If you decide to set up a third-party special needs trust, the trustee can be you, your spouse, your child (the parent of your grandchild) or another relative or friend. The trustee will be responsible for informing your local authority that the trust exists if your grandchild applies for any type of medical assistance, and the appropriate agency will decide whether it should count when determining your grandchild’s eligibility for services. The existence of the trust should not impact any responsibility of your grandchild’s school district to provide them with services, but it can be important to talk to a qualified attorney to understand the specifics. The main thing to keep in mind may be that, if you are considering leaving money to your grandchild with special needs, creating a third-party special needs trust will likely allow them to use the money you intend to leave them without jeopardizing other assistance they currently receive.

Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.

Three Key Veterans Benefits to Know About This November

With Veteran’s Day, November is a great opportunity to set aside time to honor our veterans and thank them for all they have done for our great nation. One way the U.S. tries to give back to veterans is through veterans benefit programs. Did you know, however, that veterans benefits can be very complicated and many veterans may not even be fully aware of the wide range of benefit programs available to them? Let us take time to review three key veterans benefits to know about this November.

First, there are several education benefits offered through the VA. In addition to the GI Bill offering credits to use towards a college degree, it also provides coverage for training certification courses and vocational training programs. The fact that the GI Bill offers these kinds of training opportunities makes it ideal for those veterans who are seeking a career change that does not require a college degree. Veterans can also participate in free coding bootcamps and comparable software training and technology programs through the VET TEC program.

Second, veterans have the option of getting life insurance through the Servicemembers’ and Veterans’ Group Life Insurance program. Through this program, veterans may be able to receive up to $400,000 in life insurance. Not only does this program offer competitive premium rates, but it can allow veterans a chance to gain life insurance where they may find it difficult to find it otherwise. Many veterans face difficulties in getting traditional life insurance and this can be particularly true if they have suffered a service-related injury.

Lastly, veterans should be aware of the long-term care benefits they may be eligible to receive. For instance, the VA Pension with Aid and Attendance benefits program offers qualifying veterans financial assistance in order to cover the cost of a nursing home and other long-term care facilities. In fact, the program means that couples may receive upwards of $25,000 a year in benefits to help with long-term care costs 

Do you have questions? Please contact our law practice to learn more. We are here for you. Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to provide service in Palm Beach, Martin, St. Lucie and Indian River Counties.

3 Reasons Why Updating Your Florida Long-Term Care Planning Should Be a New Year’s Resolution in 2020

A new year is an exciting time for all of us. No matter what your resolutions are, this is the time to set your ideas in motion for what you want to achieve not just this year, but this decade. As a Florida senior, however, do you have concerns about your health or a potential need for long-term care in the future?

We understand this concern. Many of our clients share with us that they did not know that they could plan forward for long-term care issues until it was too late. We are here to tell you that you can be proactive and start Florida long-term care planning now. You can work with both your elder law attorney and your loved ones to ensure that you are protected under all circumstances. 

Let us share with you three reasons why updating your Florida long-term care planning, or creating it for the first time, should be at the top of your to do list this year.

  1. Your life can change unexpectedly. None of us are guaranteed a future. We are also not guaranteed to be healthy in our future. Health care crises can occur overnight and, unfortunately, when we least expect them. Formally healthy aging parents, spouses, and friends, can suddenly find themselves facing significant health concerns. Knowing what you want to do and how you will handle a crisis is critical to ensuring that you are able to access the best care possible should this happen to you or to a loved one. Do not put off thinking about the unexpected and take the time you need to complete Florida long-term care planning.
  2. Medicare does not pay for most long-term care needs. For many Florida seniors and their loved ones, they are relying on Medicare to help pay for most healthcare costs. Medicare, however, is an acute payor system. This means that it is not set up to pay for long-term custodial care. In a crisis you may need to pay for care out of pocket or seek to become eligible for public benefits programs, such as Medicaid. Learning what you will need when it comes to Florida long-term care planning early, can help everyone involved.
  3. Estate planning is not enough. Many of us have estate planning. We believe, mistakenly, that this will be enough to protect us in the event of a long-term care issue. Unfortunately, it is not enough. While estate planning is critical, and you need it to ensure you and your loved ones are protected, it is equally important to plan with your elder law attorney to understand how you will be able to find good care and afford it in the event of a crisis.

We know this article may raise more questions than it answers. There is never a wrong time to plan forward for both Florida long-term care planning and estate planning. We encourage you not to wait to get the advice you need. You may contact us to schedule a meeting at any time with us now, or in the future.

How Do We Plan Ahead to Afford Long-Term Care Outside the Home?

Planning to afford long-term care is important because it is estimated that one out of every two of us will need some form of long-term care before we die. Most of us cannot depend on our children to fund these needs since they have their own bills to pay and family dependents to provide for. In addition, government assistance for long-term care is only available to those who are impoverished. 

 

For most of us, however, long-term care expenses will be initially affordable. Unless a person is afflicted by a paralyzing stroke or a quick onset of Alzheimer’s Disease, initial long-term care expenses can be met by paying for the cost of temporary caregivers. These caregivers can attend to basic chores within the home setting that we are physically incapable of easily performing. There are even times, in Florida, when a county funded agency can pay for or help us with the cost of these initial services. This is true if we are financially below the county’s maximum income or asset limit and there are hours available. 

 

In planning to pay for future long-term care outside the home, however, we should plan as early as possible. Where do you find care? There are several options outside of the traditional nursing home setting. For example, one could visit the owner of a family group home in his or her community where four to six persons are cared for at the owner’s home. The resident receives his or her own room with benefits such as housekeeping, assistance with activities of daily living, someone to drive the residents to doctor appointments, and well balanced meals. All of this is in exchange for a reasonable monthly charge. Armed with this information from the local community, the prospective resident could then begin saving monthly to cover the nominal cost of the family group home when this expenditure becomes necessary. 

 

Another example would be when one visits the administrator of assisted living facilities where thirty to forty persons are cared for at the assisted living facility. Again, the resident receives his or her own room that is cleaned every day, assistance with activities of daily living and driving, plus well balanced meals. If a person making the visit or their spouse was a veteran of the armed services during war-time, there may be a monthly VA Pension with Aid and Attendance available if the prospective resident’s assets and income are below the government threshold. 

 

Again, the key is to start planning early. Researching the costs of these options plus the daily cost of the nursing home should be done before the need arises in the family. We encourage you to meet with a member of our legal team to discuss your concerns about where to live and how to pay for the care you may need. Further, do not wait to discuss your durable power of attorney in this meeting as it is important that this document is written to contemplate long-term care so the agent can sign the application for benefits if you are incapacitated.