Medicare Benefits 2024: 5 Positive Changes for Seniors

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Three senior women clap and celebrate together around a table.More than 65 million seniors across the country benefit from Medicare, a government health insurance program.

When Does Medicare Start?

At age 65, you become eligible for Medicare if you are a U.S. citizen. You do not have to wait until you retire to apply for the program.

You can enroll in Medicare beginning three months prior to your 65th birthday. You can also do so during the month of your 65th birthday or during the three months that follow. (If it’s your first time enrolling in Medicare, learn more about rules that are making it easier to sign up.)

Can I Get Medicare at Age 62?

Certain individuals may be able to secure Medicare coverage earlier than age 65. For instance, if you have end-stage renal disease, ALS, or a disability, it’s possible you could qualify.

What Are the Different Parts of Medicare?

Medicare’s four main parts cover different aspects of health care:

  • Part A covers institutional care in hospitals and skilled nursing facilities. Part B pays for doctor visits and preventative care. This includes routine lab tests and certain outpatient treatments. Parts A and B serve as the so-called “traditional” parts of Medicare.
  • You can choose to enroll in the alternative to traditional Medicare, Medicare Part C, or Medicare Advantage. Part C plans bundle Parts A and B (and sometimes Part D) with other benefits, such as dental or vision care.
  • Medicare Part D coverage, which is often optional, covers many of your prescription medications.

Medicare Updates for 2024

Although 2024 Medicare premiums are seeing an increase, there are nevertheless a few bright spots.

Starting on January 1, 2024, Medicare enrollees may be pleased to hear about several positive changes taking place. These include the following five updates:

1. Medicare’s mental health coverage is expanding.

  • If you need a licensed mental health provider, you will be more likely to able to find a professional near you who accepts Medicare. About 400,000 more of these providers added nationwide by Medicare will include marriage and family therapists as well as mental health counselors.
  • Medicare can now help if you require treatment for alcohol abuse or substance use disorder. Older Americans are currently suffering from a substance abuse epidemic. In 2022, roughly 4 million seniors aged 65 and older were living with an addiction. Covered treatments will now include such services as psychotherapy, prescription drugs, and screenings.
  • Medicare will now cover up to 19 hours per week for intensive outpatient mental health care for qualifying patients. This includes enrollees who are struggling with serious mental health illnesses or substance abuse.

2. Up to 3 million more people could qualify for extra help paying their Medicare Part D premiums.

As of the start of 2024, the Medicare Extra Help Program will strive to boost its number of enrollees through various outreach efforts. Extra Help assists low-income seniors and people with disabilities. However, many who are eligible do not currently participate in the program, sometimes because they remain unaware of its existence.

In addition, another 300,000 individuals who already are part of the program will see their benefits expand further. They’ll see their out-of-pocket costs for their prescription medications drop by an average of $300 a year. These enrollees also will not have to pay a premium or deductible.

3. If your specialty medications are particularly pricey, you will see considerable savings in 2024.

Many people rely on certain expensive medications to treat such serious health conditions as cancer. Even with Medicare Part D, they may have no choice but to pay tens of thousands of dollars out of pocket each year for them.

If your prescription drugs covered by Medicare cost you more than $8,000 out of pocket, you will not be responsible for any other co-pays or coinsurance for the remainder of the calendar year. This is because Medicare Part D enrollees, as of 2024, will no longer have to pay a 5 percent co-pay for catastrophic coverage.

Note that if you rely solely on brand-name prescription medications, you will end up spending roughly $3,300 out of pocket to avoid the 5 percent co-pay. (Even better, come 2025, Part D enrollees will not pay more than $2,000 out of pocket for their prescription drugs in any given year.)

4. You’ll pay no more than $35 a month for insulin supplies covered by Medicare Part D.

As part of the Inflation Reduction Act, price cuts on insulin became effective on January 1, 2024. Medicare Part D plans therefore cannot charge enrollees more than $35 per month for insulin included in their plan. Part D deductibles for insulin supplies will no longer apply, either.

The cost of this medication has tripled over the past decade or so. Even for people who require insulin daily, many are still unable to afford it. In 2022, more than a million individuals with diabetes chose to ration their insulin supply because of the cost, according to one report.

5. If you suffer from chronic pain, Medicare will now cover your monthly services.

For the first time, people receiving Medicare who have persistent or recurring pain lasting longer than three months now can have such services has medication management and pain assessment covered by their plan. (You will still need to pay for your Medicare Part B deductible and coinsurance.)

Work With a Professional

If you need assistance navigating Medicare, reach out to Elder Law Attorney Add Goff in Ruston, La. at 318-255-1760 or info@GoffandGoffAttorneys.com. 

Do Caregiver Duties Help Older Women Live Longer?

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Older woman cares for her senior husband at home who uses a wheelchair.Despite the considerable level of stress that can come with serving as a unpaid caregiver, a new study now suggests that taking care of a loved one may in fact lead to increased longevity among older women.

The findings, published in The Journal of the American Geriatrics Society, revealed that women who said they were taking care of a loved one on a regular basis had a mortality rate 9 percent lower than that of non-caregivers over the course of the study.

While the study did not find a direct connection between caregiving and reducing risk of death, its authors describe the association as robust. As they point out, the existing literature about the health impacts of caregiving has been contradictory. Research in this area will therefore need to continue exploring the potential connection between reduced death rates among women who choose to take on caregiving responsibilities – as well as the reasons why this may be the case.

Women and Caregiver Responsibilities

Today, more than 35 percent of caregivers in the U.S. are age 65 or older, with caregiving services mostly undertaken by older women.

This study followed nearly 160,000 women aged 55 to 79 over roughly 20 years. The participants took part in two assessments 10 years apart.

The data was collected as part of several clinical trials focused on prevention of major chronic conditions in older women. However, the assessments included questions on caregiving. Participants were asked about whether they were actively providing caregiving aid to a loved one and, if so, how many hours they dedicated to the service weekly. About 41 percent of them reported serving in a caregiver role anywhere from less than once to more than five times a week.

The women also provided information on a number of other factors, including depressive symptoms, race, living status, smoking, and history of cancer, diabetes, cardiovascular disease, and hypertension.

Results

The women who reported being a caregiver over the two assessments showed not only a 9 percent lower death rate from any cause than those who were not caregivers, but also a lower risk of death from cancer or cardiovascular disease. This proved to be the case no matter how frequently they reported performing caregiver duties. Other factors, including how old the women caregivers were or whether they lived alone, likewise did not appear to affect this result.

Need for Further Research Regarding Caregiving and Decreased Death Rates

Caregiving remains a critical need and will continue as Americans grow older and live longer. Currently, 10,000 people in the U.S. are turning 65 years old each day, according to AARP.

The Centers for Disease Control and Prevention (CDC) has identified caregiving – whether paid or unpaid – as a major public health issue. Because caregiving is such an expensive service, many older people rely on family members to stand in the gap and provide their care. The resulting burden on family caregivers can include burnout, lost wages, and a lack of support.

“The burden of caregiving demands and their influence on health will be substantial in coming years,” co-author Michael J. LaMonte of the University of Buffalo-SUNY said in a news release. “[It] is an increasingly important focus in epidemiologic research,” he adds.

Fewer Exams Needed When Seeking Veteran Disability Benefits

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Military veteran who uses wheelchair hugs his kids outside.Service members transitioning out of active-duty service and who have a disability claim may be able to take advantage of a more streamlined application process for disability benefits.

Previously, when service members began their transition back to civilian life and filed a disability claim, they had to have two medical exams performed, one by the Department of Defense and another by the Department of Veterans Affairs. As of Spring 2023, these offices now require veterans to submit just one common health assessment form with their application.

What Is the Separation Health Assessment Form?

The Separation Health Assessment form currently in place reduces the number of required medical exams. Now, the Department of Veterans Affairs and the Department of Defense will both accept a single medical examination.

The Separation Health Assessment form discourages redundant medical examinations and ensures accurate results from exams. This ultimately makes the process of getting a decision regarding your disability benefits more quickly.

Questionnaire + Clinical Assessment

The Separation Health Assessment includes two main parts for the veteran. Each part collects the information a service member must provide in their disability application.

Part A requires a service member to complete a medical history questionnaire. Service members must complete this questionnaire before attending a clinical assessment.

Part B of the Separation Health Assessment requires a service member to submit to a clinical assessment. During the assessment, a medical provider will review the service member’s treatment records. They also will give an opinion regarding the service member’s disability status.

How Does the Separation Health Assessment Expedite My Disability Claim?

Using the new Separation Health Assessment process can potentially speed up the disability claim process. The Separation Health Assessment form expedites the disability claim process by providing the following benefits:

  • Avoids duplicate examination results for medical examinations.
  • Avoids wasted time waiting for medical examination results that are likely to be duplicated.
  • Helps service members and medical providers get early illness and disease detection and connect ailments to occupational hazards due to exposure to dangerous conditions.
  • Assesses a service member’s current medical and health care history.        
  • Discovers and names all medical concerns the service member had during their military career.

How Do I File a Disability Claim?

Service members put their lives on the line when they join the military. Unfortunately, many veterans suffer permanent disability after their service ends. If you have a disability claim, consider taking the following steps:

  • Visit a local Veterans Affairs office and file a disability claim in person with a Veterans Affairs representative.
  • Complete your application online on the Veterans Affairs website.
  • Connect with a Veterans Service Officer, whose support is available at no cost. Visit the VA website to access additional resources and to learn more.

The implementation of the Separation Health Assessment form is intended to make it easier for U.S. service members to get access to disability benefits so they can settle back into civilian life.

VA Disability Compensation Rates

Note that the amount of disability benefits payments you will receive each month depend on several factors, namely:

  • the severity of your disability
  • whether you have dependents

Check out the 2023 VA disability compensation rates online.

Is Bipolar Disorder a Disability According to the SSA?

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Woman sits on couch looking depressed while someone talks to her.According to the National Institute of Mental Health (NIMH), approximately 4.4 percent of adults experience bipolar disorder during their lives.

Individuals with certain disabilities may be able to secure disability benefits through the Social Security Administration (SSA). If you or a loved one have bipolar disorder, you may wonder whether the SSA considers bipolar disorder a disability.

Depending on the severity of the illness, the SSA may consider mental health illnesses such as bipolar disorder a qualifying disability. The law firm Atticus reports that , in 2020,13 percent of people receiving disability benefits qualified based on mental health issues. Five percent of these individuals had bipolar disorder or a similar condition.

What Is Bipolar Disorder?

Formerly known as manic depressive disorder, bipolar disorder involves extreme mood swings. Highs can entail various levels of mania, and lows can bring depressive episodes.

When someone experiences mania, they may feel euphoric, creative, and talkative. Highly energetic, they may have trouble sleeping and may also show poor decision-making ability.

During the lows of the disorder, individuals may feel sad or hopeless, lose interest in things they typically enjoy, and have trouble concentrating and completing tasks.

Types of Bipolar Disorder

There are four different types of bipolar, Healthline reports:

  • Bipolar 1 – Mania is more intense with Bipolar 1, while depression is less severe. Some patients may not experience depression.
  • Bipolar 2 – Individuals with Bipolar 2 experience a less severe form of mania and episodes of depression.
  • Cyclothymic disorder – The ups and downs of this form of bipolar disorder are less intense than in Bipolar 1 or 2.
  • Other specified and unspecified bipolar disorders – Individuals with these disorders may still experience highs and lows in mood.

Popular culture often depicts those with bipolar disorder as highly creative artists. Yet this type of mental illness can nonetheless be devastating.

According to the NIMH, those with bipolar disorder experience the highest levels of severe impairment among people with mood disorders. Having bipolar disorder can make it difficult for someone to regulate their mood. Fluctuating moods can complicate relationships, making keeping long-term relationships difficult. Changes in productivity and interest in working can also make maintaining employment challenging.

The National Alliance on Mental Health states that the average age of onset for bipolar disorder is 25. This illness can also occur in adolescents and even children as well.

Treatment of Bipolar Disorder

Treatment options may consist of a combination of medication and cognitive behavioral therapy. Health care providers often also recommend learning strategies for self-managing bipolar disorder. These could include keeping to a stable routine and learning how to recognize one’s triggers. Maintaining a strong network of loved ones for support and living healthfully can also prove helpful.

The Substance Abuse and Mental Health Services Administration offers a free hotline available 24-7 for those coping with mental health disorders such as bipolar disorder. Call 1-800-662-HELP to obtain referrals to treatment centers and support groups near you. This national service is confidential and available as in English as well as Spanish.

Is Bipolar a Disability Under the SSA’s Definition?

As having bipolar disorder can cause day-to-day challenges, individuals with this illness may qualify for disability benefits.

Eligible individuals who meet the SSA’s definition of disability may receive one, or both, of the following types of public benefits:

  • Social Security Disability Insurance (SSDI). SSDI provides monetary assistance to workers who can no longer participate in the workforce because of a disability. They must have a work history and had to have paid into Social Security to qualify for these benefits. (Individuals who became disabled before age 22 may be able to qualify for SSDI based on a parent’s work record.)
  • Supplemental Security Income (SSI). SSI gives financial support to those with very limited income and resources, including children and adults with disabilities.

The SSA administers both programs, and the medical requirements are the same. However, these programs do differ in three important ways. They do not have the same financial requirements, offer access to the same health benefits, or provide the same monthly payments.

Disability Definition

To receive SSI or SSDI for a disability, you first have to meet the SSA’s definition of disability. You must have a medically determinable physical or mental impairment that prevents you from engaging in any substantial gainful activity. (The SSA considers “substantial” activity any type of work that requires significant physical or mental activity, or both. “Gainful” activity is work generally performed for pay.)

Your disability must also:

  • be terminal,
  • have lasted for at least a year, or
  • be likely to last at least a year.

Since the illness must be severe enough to prevent you from working, not all with bipolar disorder can obtain benefits.

Applying for Disability Benefits

To receive benefits, you must prove that your bipolar disorder qualifies as a disability. This entails the following:

  • Submitting information about health care providers, doctors, hospitals, and clinics
  • Providing your job history

For your application to succeed, it should establish that your bipolar disorder severely limits your mental functioning and ability to work. It must also show that your illness is long-term. Even though the Americans With Disabilities Act recognizes bipolar disorder as a disability, the SSA may not.

Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

Take a Moment Before Signing a Nursing Home Contract

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In the scenario where your parent is no longer capable of making decisions, dressing, or eating independently and requires nursing home care. You are stressed and anxious. The nursing home puts a twenty-page contract in front of you. You wish you could flip straight to the last page and sign just to get it over with.

Don’t do it. You could be agreeing to pay thousands of dollars out of your own pocket for your loved one’s care.

Try to get your parent admitted, and before you sign the contract, bring it to an elder law attorney for review and guidance. Once your loved one has moved in, they can’t be evicted just because you want to negotiate the contract. Elder law attorneys look for wording that may not be compliant with state laws or is misleading in some way. Nursing homes want to get paid and may be deliberately vague about financial responsibility.

If you don’t have an elder law attorney, sit down and take a few deep breaths. Read the contract carefully and make a list of questions for a facility representative to answer. Ideally, that person would go through the document with you. Don’t sign until you understand.

Things to Watch Out for in a Nursing Home Contract

A nursing home should not ask you to use your own money to pay for a loved one’s care

Do not sign the contract if it requires you to pay with your own money. Carefully scrutinize any language referring to you as the responsible party, resident representative, or agent.

More language to look out for includes:

  • Co-signor
  • Guarantor
  • Personally guarantee
  • Personally liable
  • Private-pay guarantor
  • Surety
  • Individual capacity

Words like these obligate you, personally, to pay if your loved one doesn’t have the money. Don’t sign if you see something like this: “If the resident does not or cannot pay, I will pay the amount owed for residency charges, services, equipment, supplies, medication, and other charges.” The nursing home can ask you to agree – and you can refuse.

Understand that the facility can legally require you to pay nursing home bills for your loved one if you hold financial power of attorney or are a guardian. However, you are required to spend their money on their care.

When Your Loved One Runs Out of Money to Pay for Care

If your loved one lacks the money, the next step is to apply for Medicaid assistance, not dig into your own pocket. Reach out to an elder law attorney for assistance, as the eligibility requirements and application process can be a bit complex. It will be worth it to have the benefits processed quickly so they can begin sooner.

Everyone in need has the right to apply for Medicaid

The nursing home contract must not require your parent to waive their right to seek government assistance like Medicare or Medicaid, nor can it ask either of you to sign any statement that your loved one is ineligible for benefits.

If your loved one has no money to pay for care, a Medicaid application will be required. The contract may seek your permission to apply for Medicaid for you. You have the right to decline that option and seek an elder law attorney you trust to help you apply instead. Some facilities mishandle Medicaid applications, resulting in an incorrect denial of benefits and lengthy appeal process.

The Medicaid application process begins with providing all financial and medical records necessary for your loved one’s application.

Once eligible for Medicaid, Medicaid pays

If your loved one qualifies for Medicaid, the nursing home must not require an additional payment over and above the Medicaid amount determined by your state.

The nursing home must not demand that your loved one receive additional services not covered by Medicaid and evict your loved one if they decline those services. The facility should ask, in advance, whether those services are desired at a specified additional cost.

Other Considerations in a Nursing Home Contract

  • The nursing home must not require additional donations to a charity as a condition of admittance.
  • Do not agree to arbitration. If you agree, you will be giving up your right to a jury trial if a dispute arises.
  • Understand the nursing home is obligated to protect your parent’s property during their stay. However, use good judgment to safeguard valuable property by keeping it elsewhere.
  • Cross out provisions in the contract that you decline, and put your initials by the strike-outs. Also, be sure to sign the contract only as your parent’s agent. Your signature should read: “[Parent name], by [your name], power of attorney, guardian, or agent.”

To be fair to nursing homes, they are entitled to be paid, and they often have difficulty collecting legitimate debts. Facilities are forbidden from suing to take a resident’s Social Security or pension income. They must comply with strict federal consumer protection restrictions. Despite these payment hurdles, they must still protect frail and vulnerable people from all manner of harm. They also suffer public hostility, thanks to the misconduct of some bad actors.

Our elder law firm always urges cooperation with nursing home personnel if possible because their job is a difficult one. However, you and your family have the right to be protected from bad actors and confusing contract language. No matter how reputable the facility is, consulting our elder law attorneys before you sign an admission contract makes sense and avoids difficulty later.

Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

Reevaluating Your Retirement Investments: 5 Compelling Reasons

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To ensure a comfortable retirement, it’s essential to reconsider your financial retirement portfolio. While you might have accumulated a substantial nest egg in a 401(k) plan, withdrawing money from it comes with significant tax planning considerations. In the early stages of a 401(k), employers match your contribution to the plan. Contributions come out of your paycheck before calculating taxes and compound every year. When you retire, however, the tax impact of a 401(k), 403(b), or traditional IRA can become significant.

Retiring at a Higher Tax Bracket

You have probably been told you’ll be in a lower tax bracket at retirement. However, many people experience the opposite. Your tax rate is expected to increase if you maintain the same standard of living, requiring the same amount of income and tax rate. With your children grown and the house paid off, substantial tax deductions are gone, which may push you into a higher tax bracket. You will pay taxes on withdrawals from your contribution plan(s) annually, whether the money comes from dividends, capital gains, or your contributions. That money will be taxed at your income tax rate at the time of withdrawal. Currently, the top marginal income tax rate is 37 percent, and considering the US deficit, that tax rate could increase in time.

Double Taxation

Unless you have a Roth IRA, distributions from your retirement plans count against you when calculating what percentage of your Social Security is subject to tax. The result is paying more taxes on your retirement plan distributions and Social Security income. You also pay more taxes from capital gains, dividends, and interest from your investments.

Required Minimum Distributions (RMDs)

It can be frustrating and expensive if you neglect to make your minimum required distributions. You must withdraw funds from your retirement fund accounts when the IRS deems it necessary. Even if you want to leave the money in the account, as of 2023, the IRS will schedule your withdrawals when you reach age 73. There are stiff penalties for not taking out the required minimum distribution. You may pay an additional 25 percent tax. If you correct the shortfall during a two-year window, it could reduce to 10 percent.

Leaving a 401(k) or IRA to a Spouse

If you’re married, a 401(k) or IRA is the worst account to leave to your surviving spouse. No one wants to die without leaving their spouse financially secure, but these two financial vehicles are fully taxable accounts. Upon your passing, your spouse changes their tax filing status from married filing jointly to single. That takes their tax obligation from the lowest to the highest bracket — probably not exactly what you had in mind.

Both your 401(k) and IRA plans are subject to tax law changes. Every time Congress convenes a session, there is the possibility that increases in taxes on your retirement plans can occur. It’s highly unlikely that your taxes won’t increase. The US debt continues to grow at an alarming rate, and tax increases are used to gain some level of financial control.

Get together with a tax planner to identify ways to move your retirement funds into better financial retirement vehicles. Sometimes conversion can cost a bit of money upfront, but in the long run, you’ll be far better off with regard to your retirement tax obligations.

Contact an Estate Planning or Elder Law Attorney

Connect your tax planner with your estate planning attorney. Retirement and tax planning are heavily tied to money and property being managed, preserved, and eventually distributed to your heirs. Our estate planning and elder law attorneys look at changing tax laws and retirement goals to maximize your family legacy. We also discuss preparing for potential long-term care expenses and how they could affect your retirement income. Costs for health care services continue to rise, and you don’t want to lose significant income to medical emergencies.

Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

A Changing Landscape for Memory Care

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There are many opportunities for specialized facilities offering memory care. The number of adults with cognitive impairments is increasing, but the number of caregivers is decreasing, which requires more innovative solutions. While some facilities are stand-alone solutions for memory care patients, others offer care integrated into existing assisted living or nursing home facilities.

Innovative Changes

Recent changes to memory care needs include inventive settings that are vastly different than existing dementia support floors and secure units. New care settings use the latest research and understanding of cognitive impairment to provide the best possible environment and services. There will be many more options to choose from in the near future. The small house model has become increasingly popular. It’s an intimate setting within existing nursing communities consisting of 10 enclosed, secure units designed for couples facing memory challenges. A small-scale affordable housing model, partially funded by the Department of Housing and Urban Development (HUD), is typically available to low-income seniors. Design elements include:

  • High visibility of features so patients can see the toilet from the bed, the kitchen from the living room, the activity space from the dining room, etc.
  • Discreet security measures like disguised doors to prevent exit-seeking behavior and decorative fencing to provide a secure environment.
  • Separate bedroom suites furnished with the patient’s own belongings.
  • Time-appropriate bright lighting during awake hours and dimmer lighting in the evening.
  • Accessible outdoor space to enjoy nature and walk and wander safely.

Those seniors who can afford private pay for their memory care can live in an assisted living facility designed like a neighborhood from an earlier time. Often, dementia patients readily recall memories from long ago, and these centers look like a community replete with porches, rocking chairs, carpet that mimics grass, and fiber optic ceilings that allows transitional lighting, creating a sense of the day and night sky. Other elements, like aromatherapy, calm residents or stimulate their appetite depending on the selection of oils integrated into the therapy. All these elements help reduce anger, anxiety, and depression, which are hallmarks of seniors who suffer from dementia illnesses.

Full Continuum Care with Geriatric Psychiatry

Memory care is improving to meet the increasing number of residents. Many facilities are tapping into the expertise of geriatric psychiatry. Geropsychiatry, psychogeriatrics, or psychiatry for older adults is a subspecialty of psychiatry dealing with the study, prevention, and treatment of mental disorders in seniors. This field of study can enhance a memory care facility and improve the problems of anger, depression, and anxiety with medical components that address dementia. The techniques use a person-centered approach that fosters autonomy, develops empathy with residents, and even focuses on humor to help alleviate stress and increase quality of life.

Certified Memory Care Professionals

Professional caregivers offer specialized care to patients with dementia. Formal memory care education will become a more commonplace accreditation as the number of patients increases. Rather than a certified nursing assistant (CNA), dementia patients will be tended to more frequently by certified dementia care nursing assistants (CDNAs). This change in credentialing is driven by rising consumer expectations and tighter regulations that govern memory care.

Slowing the Progression of Dementia

Dementia is more prevalent than ever before, and so is the understanding that the disease has a long preclinical phase. Intervention and healthy lifestyle modification can delay the clinical dementia phase. Physical activity, social engagement, and brain fitness through smart devices and computer applications are excellent cognitive compensation strategies that protect executive brain function, particularly in the preclinical phase of the disease. Cutting-edge technology can also help seniors compensate for memory loss, allowing them to remain at home longer. It also enables senior facility operators to refine their services with fewer staff.

Wearable cameras with artificial intelligence (AI) facial recognition capabilities can provide a patient with the name of the person approaching them. AI can also help a senior’s cognitive load, helping them stay informed regarding daily decisions. New software applications are making it easier for memory care patients to use video, audio, and sensory technologies that provide predictive analytics to caregivers to detect depression and receive alerts indicating a patient is having a bad day or at an increased risk of falling due to a change in gait.

Do you or your loved one have a plan in place in the event you become a memory care patient? Are you aware of the changing options available for living arrangements? Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

Elder Law Attorneys and End-of-Life Planning

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End-of-life planning can be a difficult topic to talk about and even harder to plan for. But it is an important part of estate planning and a gift to your family. No one wants their family to have to make emergency medical decisions for them without knowing what they want.

People who become incapacitated or die without proper end-of-life planning leave many loose ends for their family members to tie up. This often involves going through long, sometimes expensive, court proceedings to either become a guardian for an incapacitated loved one or move their estate through the probate process after death.

Planning well in advance for death and potential incapacity makes both situations easier for your family and gives you more peace of mind knowing that your wishes will be carried out. Everyone’s situation is unique, so it’s best to work with an estate planning attorney or elder law attorney who can help you tailor an estate plan to meet your specific needs. Below are some of the most common documents and parts of an estate plan.

Last Will and Testament

A last will and testament, or simply a will, is a key component of any estate plan. In your will, you can specify whom you want to receive what you own after you die. You can be as general or as specific as you want, but the clearer you are, the less confusion there will be.

You also use your will to name an executor, also known as a personal representative, to manage and dispose of your estate after you have passed away. If you have minor children, you can use your will to choose a guardian for them if you are unable to care for them.

Even though most people consider their pets family members, they are considered property under the law, and the courts treat them as property. In your will, you can name a caregiver for your pets and choose their next home.

Trusts

There are many types of trusts for many different purposes. One of the most common types is a revocable living trust. This type of trust can be changed while you are alive but becomes irrevocable and can’t be changed once you pass away.

With an irrevocable trust, once you put your assets into it, you relinquish ownership of those assets. This can be useful for qualifying for government benefits, such as Medicaid.

Some pet owners create pet trusts for pets with long lifespans or those that are expensive to care for. In a pet trust, you can name a trustee or a caregiver for the pet and fund the trust with money to help with their care.

Durable Financial Power of Attorney

A durable financial power of attorney (POA) is an important document used to name a trusted person to be your financial agent. They are authorized to handle your finances if you are alive but unable to make decisions. You may be injured, ill, or out of the country.

Health Care Power of Attorney

In a health care power of attorney (POA), you name a health care agent to make decisions on your behalf regarding your medical care. This can be the same person you choose as your financial agent or someone different. Make sure the person you name is willing and able to carry out your health care wishes regardless of their own views and beliefs.

Living Will

A living will expresses your wishes regarding the types of medical treatments you want and don’t want if you can’t communicate your wishes. This document is often combined with a health care POA. A living will guides your health care agent when making medical decisions for you.

Memorial Instructions

Memorial, or funeral, instructions are not legally binding documents, but they can be helpful for your family as they make arrangements after your passing. Some people give specific instructions, while others leave most of the decisions to their family members. You can appoint a person to be the primary decision maker.

In your memorial instructions, you can specify what type of service you want, whether you prefer to have your remains buried or cremated, and you can share your choice of resting place. You can write your own obituary or list some things you want in it.

Instructions for Digital Assets

Most people have a variety of digital accounts, including bank accounts, subscriptions, and email addresses. To make it easier for your executor, trustee, or agent to access your accounts, store your account information, including usernames and passwords, in a safe place. Tell them where you keep this information so they can find it.

Starting Your End-of-Life Planning

Working with an estate planning attorney for end-of-life planning ensures your documents meet your state’s current laws and will be followed by your agents and medical professionals. After you have completed your end-of-life planning, review your plan every few years to make sure it still reflects your wishes. Life circumstances may change and affect the decisions you made.

Contact our Ruston, LA office by calling us at (318) 255-1760 today and schedule an appointment to discuss how we can help you with your planning.

The Job of Family Caregiving

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Instead of paying someone else or transferring a senior loved one to a facility, wouldn’t it be much better if a family member gave them care at home? The family member can pay the bills, balance the checkbook, keep the house clean, shop and make meals, and take their aging parent on outings and to the doctor. The senior stays in familiar surroundings getting the care and attention they need, and the family member can even be paid, so they don’t give away their time and labor for free.

What Should Be Simple May Require Legal Guidance

The daughter, Jessica, quit her job to care for Ellen, her mother. But when Ellen fell and needed nursing-home care, the caregiving arrangement cost them nearly $70,000.00 in lost Medicaid benefits. This led to litigation.

The court was sympathetic but was still unable to help. The judge understood that Ellen might as well pay Jessica rather than a third party to provide companion services, especially because she is a member of the family and had Ellen’s best interests in mind. Nevertheless, the court ruled that Jessica failed to document her hours and services with a contract as the law requires. Without that proof, the court found that Jessica should have returned to work instead, where she would have earned more and could afford to hire an agency. Without the required proof, it appeared that mother and daughter had entered into the caregiving arrangement only to give money to Jessica.

Medicaid has Strict Rules Regarding Paid Caregiving Arrangements

The Medicaid rules penalize people for gift-giving, even in a case like Ellen’s. Money or property must not be given away during a five-year lookback period prior to the need for long-term care services. By breaking this rule, Ellen no longer had Medicaid benefits to pay for the extremely high cost of nursing home care.

Other Complications in Family Caregiver Situations

Even if Jessica had treated caregiving like any other job, and if she had documented her work as the law requires with a signed caregiver contract specifying working hours and services provided, and logged her hours as the law also requires – payment under a caregiver agreement must also be reported to the IRS for income tax purposes, or risk stiff penalties.

There is also a risk that a caregiver could be injured on the job. Worker’s compensation insurance would be a good idea.

Consulting and Elder Law Attorney

How a family caregiver is paid is important. It may not be possible for them to receive a lump sum of money; instead, an hourly payment arrangement is required. The hourly rate must match the type of care being provided and the experience level of the caregiver.

A family caregiving arrangement can work under the following circumstances:

  • The caregiver must be capable of the hard work involved
  • They must be properly contracted with hours logged and documented
  • Taxes on the compensation must be properly paid

If your family member treats caregiving like any other employer-employee relationship, the arrangement can be rewarding. But the record-keeping and documentation can be tricky, and mistakes can be very expensive.

To benefit from family caregiving without financial penalties, please contact our elder law attorneys for help. Our law firm is dedicated to keeping you informed of issues that affect seniors who may be experiencing declining health. We help you and your loved ones prepare for potential long-term medical expenses and the need to transition to in-home care, assisted living care, or nursing home care.

This article offers a summary of aspects of elder law. It is not legal advice and does not create an attorney-client relationship. For legal advice, contact our Ruston, LA office by calling us at (318) 255-1760.

How Do Estate Planning and Elder Law Differ?

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Although elder law and estate planning are both concerned with aging issues, elder law focuses mainly on issues that seniors face as they grow older.

How Estate Planning and Elder Law are Similar

No matter what stage of life we’re in, we face challenges. Hope for the best, but plan for the worst. We can get into accidents, especially when we’re young and under the impression that we’ll live forever. If you were incapacitated, who would you want to speak for you? Who would you trust to pay the bills or make medical decisions?

Both estate planning and elder law attorneys help you choose the right people to stand in your shoes when you can’t speak for yourself.

As adults, we start families, buy property, and accumulate valuable and sentimental items. If we’re thinking realistically, we want to ensure our families are taken care of and receive our property should something happen to us.

Both estate planning and elder law attorneys help you answer tough questions. Both attorneys also know how to protect your estate from tax burdens and avoid the expense and delay of court proceedings, such as probate and guardianship.

Elder Law Becomes Crucial in Later Stages of Life

Elder law expertise becomes crucial when we get older. We’re living longer, healthier lives – but nobody knows when we, or those we love, will get too sick to make decisions or live independently.

You may want to postpone thinking about these things, but delay or denial about incapacitation or declining health can mean that your entire savings gets wiped out paying for nursing home care. Misconceptions about government benefits, like Medicaid, can prevent you from seeking benefits, cause disqualification, or delays that leave you paying thousands of dollars a month for care out of pocket.

Senior business owners who are retiring need a succession plan for a smooth and profitable transition from their business. Older adults and their families have a quality of life to protect. Many want to stay in their homes as long as possible but must prepare for a time when skilled nursing facility care becomes necessary. Elder law attorneys help seniors allocate financial resources to protect against as many potential problems as possible. That includes preserving your home and savings for a spouse or future generations.

Reasons to Find an Elder Law Attorney

Elder law attorneys create custom estate plans with senior issues in mind. They can help you answer difficult questions and find the right solutions for your family by keeping their best interests at heart. Preparing for the future reduces stress and anxiety in an emergency. Your family will know your wishes and can make decisions for you when you need their help. Part of your plan to pay for long-term care includes how to use Medicaid, Medicare, Social Security, or retirement benefits.

Evaluating financial resources and determining eligibility for government benefits is complex and requires knowledge and experience to navigate the process successfully. Elder law attorneys use legal strategies to maximize your resources and will work with your financial advisor to align estate planning strategies with overall financial goals.

Our elder law attorneys want you to enjoy your life and independence for as long possible. And when life becomes harder with age, you’ll have something left over for your legacy. We are dedicated to keeping you informed of issues that affect seniors who may be experiencing declining health. We help you and your loved ones prepare for potential long-term medical expenses and the need to transition to in-home, assisted living, or nursing home care.

This article offers a summary of aspects of estate planning and elder law. It is not legal advice and does not create an attorney-client relationship. For legal advice, contact our Ruston, LA office by calling us at (318) 255-1760.