Categories
Long-Term Care Planning

How NOT to Lose Your Home to Medicaid – Jay Sheryll of Sheryll Law, P.C. [Video]

How can I get Medicaid?How Can I protect my assets from the government?These are common questions our clients have ALL the time!There are two parts to the Medicaid process. Application and Recovery. Watch our video to learn about asset protection strategies.How do I apply for Medicaid?Applying for Medicaid is a process that can be done by a family member, Medicaid coordinator, or elder law attorney. Applying for Nursing Home Medicaid requires an analysis of five years of bank statements due to the Five-year lookback period. Often situations are complex and may require strategic planning and professional advice from an experienced estate planning attorney to ensure approval of the application. What is Medicaid Recovery Without proper planning, the assets intended to go to your children, grandchildren or spouse could be recovered against. Medicaid recovery can apply to anyone receiving Medicaid benefits.Think of Medicaid as a loan for beneficiaries to receive financial support for long-term care. However, once the Medicaid recipient passes away a “loan” is due back to the state. The estate assets are used to pay back debts. Medicaid can recover against property, savings, and retirement accounts that are in the sole name of the beneficiary. That means a lien could be put against your family home. In New York State, jointly owned property, living trusts, and other assets can also be subject to estate recovery. However, the state cannot ask the Medicaid recipients living heirs for repayment if there are no estate assets. This is why strategic planning through estate planning is so vital.

Categories
Long-Term Care Planning

5 Steps to Estate Administration [Video]

📌 ➡️ ➡️ Learn more here: https://elderlawcare.com. I’m attorney Patrick Kelleher and my goal is to educate you. I speak in plain English and avoid confusing legal jargon in my videos.In this video, I cover the topic: What are the big steps to take for Estate Administration?🔔🔔 Subscribe to be notified when we post new videos 🔔🔔 By watching this video, you’ll learn:📌The difference between Probate Administration and Trust Administration📌 E.A.T.T.T. Acronym 📌 What action you should take as the Estate Administrator📌 What typically needs to be filed for Tax purposes📌 What transparency means for Estate Administration Do you have any experience with Estate Planning? 💬 Leave a comment below! _______________ Patrick J. Kelleher & Associates is a caring and compassionate law firm that works hard to help you protect what you have for the people you love the most. We serve families and seniors in Hanover, Quincy, and the surrounding Boston, Massachusetts area. ➡️ Learn more about us at https://elderlawcare.com. _______________📕 Find my Book on Amazon “How to Avoid the Four-Headed Monster: Probate Court, Estate Death Taxes, Financial Creditors & Predators and Nursing Homes”: https://www.amazon.com/dp/B084MB96SK/ref=cm_sw_r_other_apa_i_fXwqEb394KEB0💻 Check out the Elder Law Academy. Learn about important legal matters, from home, at your own pace: https://elderlawcare.com/academy📰 Subscribe to my Newsletter: https://elderlawcare.com/newsletter✍ Read my Blog: https://elderlawcare.com/blog

Categories
Long-Term Care Planning

How to Deal With Threats to Discharge Your Loved One, Part 2 [Video]

Elder law attorney Jim Koewler joins Suzanne to talk about what to do when a care facility threatens to discharge or evict a senior loved one. There are specific federal rules that apply when the reason for the discharge is failure to pay:* No “failure to pay” if Medicaid application is pending- If not first application, there must be difference from first* Maybe no “failure to pay” if state hearing or appeal is pending* Facility may try to discharge despite the Medicaid applicationJust the fact that they are prohibited from these discharge threats doesn’t mean they won’t try. If they succeed because the family doesn’t know any better, then they get away with it.If someone wants to challenge a threat to discharge, make sure you follow all these steps:* Appeal instructions are in the discharge notice* Appeal to the appropriate governmental office** Include a copy of the proposed discharge paperwork in your appeal** Send a copy of your appeal to the facilityHave the written discharge notice before you began your appeal. You have 30 days, but don’t wait to appeal — if you don’t appeal soon enough, the facility can go ahead and discharge them. If you win your appeal after that, the facility is first in line to take them back, so long as they have the space.Possible defenses against the discharge:* Challenge the reason for discharge** If discharge is for failure to pay, show there is aa pending application or appeal* Challenge the choice of their new facility as not appropriate** If it’s your home, for instance, show how it can’t meet the loved one’s needs* Challenge failure of proper notice In a hearing, the nursing home or assisted living facility goes first, because they carry the burden of proof. When it’s your turn, you’re probably going to have to be specific about why the new place isn’t appropriate. The hearing officer will assume because it was on the notice that it’s appropriate, unless you say otherwise. Challenging them is not easy. Every family should have an elder law attorney, because all sorts of situations happen.Learn more about Jim Koewler at https://answersforelders.com/jim-koewler/ or on his website at http://www.protectingseniors.com/

Categories
Long-Term Care Planning

How to Deal With Threats to Discharge Your Loved One, Part 1 [Video]

We sign all sorts of paperwork when a senior loved one is admitted to a nursing home, assisted living, or memory care community. But often we don’t know what we’re signing. Elder law attorney Jim Koewler joins Suzanne to explain exactly what we’re signing, and helps us spot legal red flags in the paperwork. This segment focuses on a care facility’s threats to discharge or evict a loved one. These rules apply to communities that take Medicare or Medicaid, regardless of whether your loved one is using those programs. If they’re private pay, if there’s a problem along the way, these laws may still apply:* Must give 30 days advance notice, unless** Resident’s health has improved** Resident hasn’t yet been there for 30 days** Health or Safety Emergency to anyone in the facility** Medical Emergency for Resident (Hospitalization)* Must still give notice as early as is practicalThe “health or safety emergency” is often used in cases where a resident has improperly touched or threatened others.The notice of discharge must contain:* Reason for proposed discharge* Proposed date of discharge* Proposed new care facility* Right to a hearing and how to request it* Long-Term Care Ombudsman contact informationThe proposed new facility may not be the site where the loved one ends up going, because of circumstances that happen in the ensuing 30 days, but a site must be proposed.While preparing to discharge:* A new place must be able to meet care needs* New place needs to agree to take the person** Not necessarily at time of notice of discharge** Required at time of actual discharge* Old place must ensure a safe, orderly dischargeGiven the threat of discharge to your residence, anyone challenging the discharge should say that your residence is unable to meet care needs, or else the hearing officer can assume whatever’s on the notice is appropriate. They may say you have to come and take your loved one, but no, that is not a safe discharge. They have to make transportation arrangements.The ombudsman should give you this information, but we don’t know that they will, or how much they know. Services in the Seattle area such as Sound Generations (https://soundgenerations.org/) and Homage Senior Services (https://homage.org/) help seniors with discharges and qualifying for Medicaid. Reach out to your city or county departments of aging but Watch on YouTube to see slides from Jim’s presentation. Learn more about Jim Koewler at https://answersforelders.com/jim-koewler/ or on his website at http://www.protectingseniors.com/

Categories
Long-Term Care Planning

How to Spot Red Flags in Admission Agreements, Part 3 [Video]

Elder law attorney Jim Koewler joins Suzanne to talk about the admissions paperwork we have to sign when a senior love one comes into a skilled nursing facility. Most nursing home and assisting living agreements now have a spot where they want someone else from the family to sign as “resident representative.” Subject to federal rules:* Resident Representative:** Promise to pay from resident’s money** Has “Sole” control of the resident’s money** “Volunteer” to guarantee payment* Will take in resident if the nursing home discharges the senior loved oneThe second point you’re signing, that you have “sole” control of the resident’s money, is often not the case. You may have the ability to spend mom’s money as power of attorney, but you don’t have sole control unless you’re the guardian of their estate — your mom can still also spend her money. If you sign that, you’ve already lied. The admission person handing this for you to sign doesn’t know the difference, but the nursing home’s attorney knows it isn’t true and has put it in there anyway.The third part means if you sign this, you personally will be held accountable to pay bills. The fourth part meets state and federal rules for the nursing home to provide a save environment in case of discharge.You don’t want to agree to these items if you can avoid it. If there’s a Medicaid mess-up, then you become responsible for the private pay of your loved one’s care. This actually happened to Suzanne, who signed admission papers for her mom even though she wasn’t her mom’s power of attorney, because someone had to fill out the forms, and by signing, she “volunteered” to cover the bills.How do you avoid this? Watch for it; cross it out. Or if you don’t want to draw attention to that, sign your name with a comma, followed by POA. This means that you’re signing this on behalf of the loved one, not as your individual self, which legally protects you from agreeing to consequences that affect you personally. Suzanne urges anyone who’s facing these situations to consult with an elder law attorney so they you can avoid the situation she found herself in. Learn more about Jim Koewler at https://answersforelders.com/jim-koewler/ or on his website at http://www.protectingseniors.com/

Categories
Long-Term Care Planning

Medicaid If You’re Married And Have Income [Video]

If you are a married couple, what happens to your income as a Medicaid applicant? Elder Law Attorney Jim Koewler joins Suzanne to answer this question. They must be married; some states recognize common law marriage, others not. The income of the well spouse does not get to be used under Medicaid rules to pay the expenses of the ill spouse. That doesn’t mean that a nursing home might not try. If the ill spouse has more income than the well spouse, things get complicated — the ill spouse may have to share some of their income to the well spouse to use. If the well spouse’s housing costs are greater than “average,” they may get to have more of the ill spouse’s income.Learn more about Jim at https://answersforelders.com/specialists/jim-koewler/, email him at jkoewler-afe@protectingseniors.com, or visit his website at http://www.protectingseniors.comLead image: courtesy of pexels marcus aurelius

Categories
Long-Term Care Planning

What are the benefits of our Care Plan? [Video]

In this video, our Care Plan Coordinator, Peter Mise, covers the topic: What is our care plan and why should you consider having one?You’ll learn✅What our care plan is✅How you benefit from our plans✅What life changes call for a change in your estate planningI’m attorney Jason Penrod and our goal at Family Elder Law is to educate you and help you protect yourself and those you love the most. ➡️ ➡️ Learn more about elder law and estate planning here: https:/familyelderlaw.com.🔔🔔 Subscribe to be notified when we post new videos 🔔🔔Do you have any experience with estate planning?💬 Leave a comment below! _______________Family Elder Law we are a firm helping Seniors. We are a law firm that believes peace of mind matters. We serve families and seniors in Sebring, Lakeland, Lake Wales, and the surrounding Florida area. ➡️ Learn more about us at https://familyelderlaw.com. _______________📕 Explore our practice areas: https://familyelderlaw.com/practice-areas/💻 Check out our testimonials here: https://familyelderlaw.com/feedback/📰 Subscribe to our Newsletter: https://familyelderlaw.com/contact-us/✍ Read our Blog: https://familyelderlaw.com/blog/We’d love to hear from you! Family Elder Law863-676-8432www.familyelderlaw.com

Categories
Long-Term Care Planning

The Medicaid Program No One Talks About – Webinar with Attorney Jay Sheryll of Sheryll Law, P.C. [Video]

Community Medicaid-Provide comfort to loved ones by providing in-home health care assistance.-Community Medicaid can provide in-home skilled nursing care that assists with the Activities of Daily Living (ADL’s)-Financial and Medical requirements -Planning ahead is crucial -Lookback period is proposedAssisted Living Program-Covered through the Community Medicaid Program-Ideal for the person who falls between at home and needing Nursing Home Care -Serves them in lower cost setting with less medical needs-Assisted Living Program can provide:-Discounted personal care, room, board, housekeeping, supervision, home health aides, personal emergency response services, nursing, physical therapy, occupational therapy, speech therapy, medical supplies and equipment, a range of home health services, and the case management services of a registered professional nurse.-Assisted Living must Have ALP Beds-Not all Assisted Living Facilities participate in the programConsumer Directed Personal Assistance Program(“CDPAP”)-Also known as CDPAP-Covered through the Community Medicaid Program-Services can include any of the services provided by a personal care aide/attendant -Recipients have flexibility and freedom in choosing their caregivers.-The caregiver can even be a family memberFind out more information on our website.https://sheryll-law.com/https://sheryll-law.com/blog/

Categories
Long-Term Care Planning

Estate Planning Seminar Video 3 – Power of Attorney!

Attorney Monteforte explains the basics of an estate plan in this 5 part estate planning video seminar!Welcome to Part 3! If you were in an accident or had a stroke, does someone have access to your money, so that your bills can be paid? Or to make withdrawals in an emergency? In Part 3 you will learn:• How a Power of Attorney can give access to your money to a person of your choosing.• Why do you need one even if you’re married and have joint accounts?• When to use one to avoid the costly and arduous process of guardianships and conservatorships.• The reasons why a Power of Attorney even just a few years old might be out of date, fail to cover modern assets, and can be rejected by financial institutions.After this part in our series, move on to Part 4 where the subject will be Trusts and their many benefits (and drawbacks).

Categories
Long-Term Care Planning

What are the benefits of our Care Plan? [Video]

In this video, our Care Plan Coordinator, Peter Mise, covers the topic: What is our care plan and why should you consider having one?You’ll learn✅What our care plan is✅How you benefit from our plans✅What life changes call for a change in your estate planningI’m attorney Jason Penrod and our goal at Family Elder Law is to educate you and help you protect yourself and those you love the most. ➡️ ➡️ Learn more about elder law and estate planning here: https:/familyelderlaw.com.🔔🔔 Subscribe to be notified when we post new videos 🔔🔔Do you have any experience with estate planning?💬 Leave a comment below! _______________Family Elder Law we are a firm helping Seniors. We are a law firm that believes peace of mind matters. We serve families and seniors in Sebring, Lakeland, Lake Wales, and the surrounding Florida area. ➡️ Learn more about us at https://familyelderlaw.com. _______________📕Explore our practice areas: https://familyelderlaw.com/practice-areas/💻 Check out our testimonials here: https://familyelderlaw.com/feedback/📰 Subscribe to my Newsletter: https://familyelderlaw.com/contact-us/✍ Read my Blog: https://familyelderlaw.com/blog/We’d love to hear from you! Family Elder Law863-676-8432www.familyelderlaw.com

Categories
Long-Term Care Planning

How We Help Our Clients in Estate Planning and Probate [Video]

Marietta Estate Planning Attorney and Probate Lawyer Steve Worrall describes who we help and how we help you at Georgia Estate Plan: Worrall Law LLC.We help families at all different stages of life.Maybe you want to avoid the process of probate for your family and spare them the public nature, cost and time delays involved in it.Maybe you want to make sure the gifts you leave to your children are protected from their possible future divorces, financial immaturity or substance abuse.Maybe you are parents of minor children who are worried that if the unthinkable happens to you, your children may be raised by someone you wouldn’t choose.Maybe you have a child with special needs who needs special planning to protect valuable benefits otherwise available to them.We can help. Solving these kinds of problems is what we do.

Categories
Long-Term Care Planning

Long-Term Care Seminar Video 4 – In-Home Care

Attorney Monteforte explains the basics of long-term care in this 5 part elder law video seminar!Welcome to Part 4! Nursing home care is not the only type of long-term care that Medicaid / MassHealth will cover. Some people just need a little bit more help and can keep their loved ones in their home, and out of the nursing home. In this fourth video of our series, you will learn:• How to qualify for long-term care in your home.• What type of in-home care is eligible for coverage.• How MassHealth determines how many hours per week you are eligible for.• The differences between the financial requirements for in-home care versus facility-based nursing home care.After this video, head to the final part of our series, Part 5 where you’ll learn about the best ways to spend-down assets to qualify for long-term care.