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Elder Law

Elder Law is a practice area that helps Seniors address age-related issues in estate planning. It also addresses estate planning for those with a disability. In this area of practice, Sheri Tucker works with Seniors and their families in a range of issues that affect their care, finances, and their estate plans. Tucker Legal Services helps families find critical legal solutions for long-term care planning, estate planning, powers of attorney, and special needs planning. Estate Planning may include Asset Protection for VA benefits and Medicaid plans. Areas addressed include the following:

“Your Estate Ally” in Elder Law.

Medicaid Planning

Two types of Medicaid Planning exists. First there is Medicaid Pre-Planning, which is a 5-year plan for the “look-back” period to qualify for Medicaid. Second, there is Medicaid Crisis Planning. Crisis planning means a family member needs immediate long-term care. The attorney provides the family with different strategies to navigate the complex process for a Medicaid crisis plan.

Veteran Planning

If a loved one served in the military, he or she may have access to a range of veterans’ benefits but needs a Veteran Asset Protection Trust (VAPT) to help qualify for benefits. There are times a Veteran may also need to qualify for future Medicaid. Veteran Asset Protection is a 3-year Pre-Plan for a penalty period “look-back.” There are solutions to immediate veteran benefit qualifications. There are solutions to immediate veteran benefit qualifications. Qualifying for Veteran benefits and Medicaid is a two-step process that involves different solutions in estate planning.

Powers of Attorney

In Elder Law, enhanced powers of attorney are important. Seniors and people with disabilities need enhanced powers of attorney. Boiler-plate powers of attorney do not adequately address elder law issues in estate planning. Care is needed to make sure Seniors choose a trusted fiduciary to help in case of a future diagnosis of dementia or Alzheimer’s.

Special Needs

Special Needs Trusts are for seniors under 65 and people with disabilities. If you have a child with a disability, are an adult with a disability or you receive government benefits, consider a consultation. More information is provided for at the following: Special Needs Trust

Elder Law FAQs

Tucker Legal Services, LLC complied some answers to common questions found at Elder Law FAQs. Check out your Free Resource too.

Long-term care insurance covers the risk that you may at some point in your life be placed into a nursing home by paying for some or all the expenses associated with nursing home care. It also frequently covers assisted living care or care in your home. Long-term care insurance can be a very valuable tool that can help you avoid depleting your estate in order to pay for nursing home care. Nursing homes greatly vary in cost depending on the quality of the home and the geographic area of the country in which the care facility is located. At a minimum, you can expect to pay several thousand dollars a month for decent nursing home care, which can rapidly deplete an individual’s savings.

Medicaid is a federal program that will pay for nursing home care. Medicaid is not to be confused with Medicare, which in most cases will not pay for extended nursing home care. Medicare is a program which people pay into during their working years, while Medicaid is a needs-based program intended to help impoverished Americans with medical expenses.

Medicare does not provide coverage for long-term care, such as nursing home care. Medicare will pay for up to 100 days of skilled nursing care per illness. A patient must be hospitalized for the illness, and the patient must receive a high level of care in a nursing home that couldn’t be provided at home or on an outpatient basis. After 20 days of nursing home care, there is a large copayment required of the patient for the remainder of the stay.

Medicare will also pay for home health benefits if you are housebound and if a doctor has ordered home health services for you, at least some of which are skilled. Medicare will pay for up to 35 hours of services per week, and patients only have to pay for 20 percent of the cost of medical supplies and equipment.

Medicaid planning is legal. Elder law attorneys work to protect clients’ assets within the bounds of the law. Congress allows citizens to qualify for Medicaid after meeting certain requirements, and those requirements could be changed if Congress felt they were being abused. Medicaid planning is not any more illegal than planning to avoid taxes.

There’s no simple answer as to how long it might take an individual to qualify for Medicaid. There are many variables in every situation that must be taken into consideration and ultimately affect the eligibility timeline, including the state in which you live, whether your application is complete, your assets, income and expenses, any asset transfers you’ve made to individuals or trusts, and more. Before applying for Medicaid, you should consult an elder law attorney in your area. The attorney can help you understand both eligibility and the application process, and should be able to give you an estimate of the time frame you can expect.

If a child removes money from your joint account, that could be considered a transfer to him. Currently, Medicaid has a “look back” period on transfers of assets within the past 60 months. This means that any gifts or other transfers of assets you made in the 60 months before you applied for Medicaid will be assessed in order to determine your eligibility. If you did transfer assets in the five year period before applying for Medicaid, you could be subjected to a penalty. Therefore, if you made a transfer of assets in the past five years, you should not apply for Medicaid without consulting an elder law attorney because the penalties could be severe.

First, how is the nursing home ranked by accreditation agencies or state regulators? Have there been violations or complaints against the nursing home? How does the nursing home rank when compared with other homes in the area?  You should also visit the facility in person and request a tour.

Another important factor to consider is location. Is the nursing home located in an area that is convenient for family and friends to visit? Would family members be more likely to visit a nursing home located in another area?

Before choosing a nursing home, take a tour and ask for references of family members of current residents. If possible, take the tour at an unscheduled time, so that you know that what you are seeing isn’t staged for your benefit. During the tour, look carefully at the interactions between staff and patients. Does the staff seem caring and concerned? Do the residents seem content? What is the quality of the food served?

Choosing a nursing home can seem overwhelming at first, but often after visiting a few and evaluating their quality of care, the decision becomes easier.

No, if you anticipate needing Medicaid at any point in the foreseeable future, it’s prudent to seek the advice of a qualified elder law attorney. There are steps you can take to protect your assets which may not be available when you actually need Medicaid. Some of those steps may include transferring your assets or establishing trusts. An elder law attorney with expertise in Medicaid planning can evaluate your situation and advise you on the most prudent steps to take in order to preserve your rights and maximize benefits.

Your Elder Law Attorney

Sheri Tucker, Owner at Tucker Legal Services, LLC helps families and individuals with many areas of elder law issues. To stay up to date with information, check out our Blog. For an experienced elder law attorney near you, reach out to Tucker Legal Services, LLC today.

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