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.

The Simple Things You Can Do To Live Longer

The Simple Things You Can Do To Live Longer

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With advances in medicine, technology, and life science, we are now living longer, on average, than previous generations. But simply living a longer life should not be the goal. Maintaining a healthy quality of life should be. After all, who wants to live a long life filled with sickness and ailments?

The earlier you adopt a healthy lifestyle, the better your chance of living a long, healthy life. Here are some simple things you can do to improve your lifestyle.

Smoking

If you are not a smoker or tobacco user, that’s good. Make sure you don’t become one. Avoid breathing second-hand smoke whenever possible. If you are a smoker, find a way to quit. Try nicotine patches, gum, or hypnotherapy. Figure out what works for you and do it. Breath is life, and keeping your respiratory system healthy increases your lifespan.

Exercise

Exercising for 30 minutes each day is imperative for longevity. The best and easiest daily exercise is walking. If you are out of shape and 30 minutes of exercise every day seems unachievable, then start with 10 minutes. As your stamina improves, increase your exercise time to 20 minutes each day. As you build up to 30 minutes of daily exercise, make sure your pace is moderate to vigorous.

Try making a routine of walking every morning. Walking will help you lose weight and gain muscle. Adding other exercises to your routine, such as swimming and weightlifting, will help you create a well-rounded exercise regimen. Joining a class can be helpful since classes are at set times, which can help you establish a routine. Talk with your doctor before starting a new exercise regimen.

Healthy Diet

We all know that a healthy diet plays a significant role in living a long, healthy life. There are many books and articles about which diet is the best. The best diet for you, though, is a healthy diet you can achieve and maintain. Talking with your doctor will help you choose a healthy diet that works for you.

When shopping for food at your local supermarket, keep in mind that healthier foods are generally found around the outskirts of the store. You will find fresh fruits and vegetables, lean meats, and dairy products there. The inside aisles of supermarkets are stocked with food products, not real food. Most of these food products are so over-processed and full of chemicals that they are unhealthy.

Alcohol

Consuming alcohol in moderate amounts is not considered an unhealthy practice. Moderate amounts of alcohol are described as two drinks per day for men and one drink per day for women. If you habitually consume more than a moderate amount, you should work on reducing your alcohol consumption as soon as possible. If you have not caused too much damage to your liver, it will likely heal itself.

Social Interaction

Studies show that socially interacting with other people, as well as with animals, has health benefits. Being socially active can help stave off such health issues as depression, high blood pressure, cognitive decline, and dementia. Here are some ways to add social interaction into your life:

  • Join a club that is focused on your favorite hobby
  • Take academic, artistic, or exercise classes
  • Stay in regular contact with family and friends
  • Adopt a pet
  • Get involved with your neighborhood or community

Planning for a Longer Life

If you end up living into your 80s, 90s, or beyond, make sure your financial life is healthy too. Talk with a financial adviser and an attorney experienced in estate planning and elder law to ensure you have the necessary funds to live comfortably in your later years.

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.

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.

Preparing Your Family for the Unexpected

Preparing Your Family for the Unexpected

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Making sure your affairs are in order in case of unforeseen circumstances, such as an accident, incapacitation, or death, is what planning for the unexpected involves. If the COVID-19 pandemic taught us anything, it’s that life is uncertain and that caring for you and those you love is imperative, including legal preparedness. An elder law attorney and estate planning attorney can address your concerns and help prepare your family for the unexpected.

Elder and Estate Law

Elder law focuses on legal issues affecting elderly individuals, including health care planning, long-term care planning, Medicaid planning, and guardianship (in Louisiana callee interdictions). They help clients plan for their future needs and ensure protection in cases of incapacity or disability.

Estate law focuses on legal issues relating to the transfer of assets after an individual’s death. They help clients plan for the distribution of their assets, minimize taxes, and meet goals by creating wills, trusts, and other legal documents.

Both elder and estate law overlap significantly, particularly in end-of-life planning and long-term care. For example, an elder law attorney or an estate planning attorney can assist clients in creating a living will or power of attorney for health care decisions. A significant difference between the two legal practices is one focuses primarily on the needs of individuals while living, and the other plans the distribution of assets after an individual’s death.

Why Planning is Important

Many things can happen over your lifetime, and much of it is unexpected. But we can be aware of potential problems and prepare for uncertainty.

 

·       Healthcare Planning

Put a health care plan in place in the form of advance directives, such as a living will or durable health care power of attorney, ensuring your wishes are followed if you become incapacitated and unable to make decisions. Your loved ones won’t have to struggle with decisions during a difficult time.

·       Financial Planning

Financial hardships happen due to emergencies, requiring additional financial resources, insurance, and more to successfully manage unexpected events.

·       Digital Planning

Ensure your legal documents have digital copies on secure networks, making important documents and information accessible online to those who have your login credentials. Keep a list of credentials in a safe place and let a person you trust know the location.

·       Estate Planning

Many individuals not only create an estate plan, but regularly update their wills, trusts, and other legal documents to ensure their wishes are carried out, and their assets receive protection in case of illness or death. Your estate planning also protects the future of your loved ones.

Legal Planning for the Unexpected

Legal planning means having your affairs in order in case of unforeseen circumstances. These are six steps to increase preparedness:

1.     Create a Will

Not enough people in America have a will. This legal document outlines your asset distribution after your death. If you already have a will, review and revise its contents to address changes.

2.     Designate Beneficiaries

You can designate beneficiaries on your bank accounts, retirement accounts, life insurance policies, and other assets. Revise your beneficiary status in the event of a death, divorce, marriage, or other major life changes so you’re your asset distribution will reflect your intended beneficiaries.

3.     Create a Power of Attorney

A power of attorney allows someone you trust to make legal, financial, and medical decisions on your behalf if you become incapacitated.

4.     Create a Living Will

A living will outlines your end-of-life wishes. It includes whether you want to be kept alive through artificial means.

5.     Consider Setting up a Trust

A trust can manage and distribute your assets during your lifetime and after your death. It can minimize probate costs and protect privacy of your loved ones at your death. Furthermore, it often is a less expensive in the long run and more stress free for your heirs.

6.     Review and Update Your Plan Regularly

It’s important to review and update your plan regularly to ensure it reflects your current wishes and circumstances.

Consulting with an elder law attorney or estate planning attorney can help create and ensure your legal documents are thorough and complete. Preparing for an unexpected crisis will reduce the stress on yourself and your family members. A comprehensive legal plan that can address your desires during times of uncertainty can bring you and your loved ones peace of mind.

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.

Financial Fraud and Abuse Against the Elderly

Financial Fraud and Abuse Against the Elderly

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Each year, the National Council on Aging (NCOA) reports loss of assets and money from financial fraud and abuse against the elderly up to 36.5 billion dollars. And although self-reported financial exploitation occurs at higher rates than all other types of elder abuse, the NCOA believes instances of elder financial fraud and abuse are likely under-reported.

Even as the coronavirus pandemic wanes, many older adults remain socially isolated and vulnerable to financial victimization. Robocalls, emails scams, and catfishing on social media platforms, con artists bombard the elderly routinely seeking financial gain. However, the National Adult Protective Services Association (NAPSA) reports that most financial exploitation cases the organization receives are from individuals known to the victims, such as relatives, caregivers, friends, and neighbors.

If you have an elderly loved one, there are signs and circumstances to watch for that can help prevent financial abuse. Typically abusers will misappropriate cash, jewelry, and other assets, often suggesting to the elder adult they must not remember where they left them. Some abusers will forge financial documents or steal a Social Security benefits check outright.

Signs of Financial Abuse

Look for instances of unusual financial activity, such as large withdrawals of cash, questionable credit card charges, and unpaid bills. Identify any recurring transactions and bank transfers your loved one does not remember approving. If they can’t recall any request, authorization, or adequately explain the circumstances, investigate the situation fully. A periodic review of an aging loved one’s credit or debit card, and bank statements will help you guard against elderly fraud.

Always be on the lookout for new helpers and indispensable “friends.” The elderly are often lonely and particularly susceptible to abusers that want to ingratiate themselves into their lives under the guise of companionship. These individuals like to work when no one else is around, making it easier to hide their exploitive behavior.

Isolating a loved one is often the first sign of financial abuse. This newfound friend may cut off regular family communications with bogus explanations, saying they are unavailable, feeling unwell, or napping with promises of a return phone call that never materializes. These exploiters will initially be very helpful, making themselves indispensable to the victim and then begin to steal from them.

But there are things that every family member can do to help protect their loved ones.

Simplifying Banking Transactions

Physical disabilities and other issues preventing an older person from driving or otherwise getting around can create vulnerabilities. For example, frailty and mobility issues can end in-person banking independence with a trusted employee. The older individual may not be adept with computers, understand how to do remote banking, or have visual impairment making financial transactions difficult on a small smartphone screen or tablet.

Automatic bill pay can help combat these problems as financial institutions and corporate entities like banks or utilities will not exploit auto bill pay. Payment can be on time without the hassle of receiving paper bills, writing checks, and sending them off, relieving enormous strain on the older person.

Watching Out for Cognitive Decline

Dementias such as Alzheimer’s, which is prevalent, can create many financial problems as cognitive decline leads to a loss of financial acumen. Many elderly adults live with undiagnosed mental issues increasing the opportunity for exploitation. Unscrupulous friends, neighbors, and even family members often try to exert undue influence over cognitively impaired loved ones.

Sensitive private information like Social Security numbers, account numbers, and passwords must be closely guarded by one trusted individual to help with money management tasks. Limiting access to this crucial information is a best practice to protect an elder adult.

Vetting Delivery Services

The pandemic may have families relying on services when they used to provide the help themselves. House cleaning, meal preparation, errands, and even picking up prescription medications are all available services, and some ask for cash payments. Cash for services rendered to the elderly gives nefarious individuals the opportunity to exploit financially.

Estate Planning and Elder Care Attorneys

The most direct way to protect against elder financial abuse is to meet with their estate planning attorney to have a trusted individual named a durable financial power of attorney. This individual can then oversee their loved one’s finances with full access to facilitate, transact, and protect assets. Naming a financial power of attorney generally can help an elder adult feel a great sense of relief. Still, any cash in the hands of an aging loved one needs to be monitored and their home closely guarded to prevent theft.

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.

Costs Associated with Second Marriages

Costs Associated with Second Marriages

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Most people wouldn’t think of losing their assets to pay for their new spouse’s serious illness when they get married for a second time (or more). But that could happen. Costs for long-term care have been rising significantly for years and continue to grow. Studies show that 70% of Americans will need some form of long-term care. Which can last for three years or longer. It is important to be aware of the costs associated with second marriages.

Paying for Long-Term Care While Protecting Assets

If one spouse becomes ill, the assets of both spouses are, by and large, required to be spent on the ill spouse’s care before Medicaid benefits become available. This could be a big problem. Especially if the money that the healthy spouse had saved for their children’s inheritances goes to pay for the ill spouse’s care instead.

With careful planning, this need not happen. Making financial arrangements in advance can protect the estates of both spouses to ensure they can retain the assets they brought with them to the marriage.

Medicaid Community Spouse Resource Allowance

Medicaid rules allow the healthy spouse to keep an allowance of a certain amount for their benefit. This is known as the Medicaid Community Spouse Resource Allowance (CSRA). But many find that the CSRA is too small to permit the healthy spouse to maintain their standard of living, pay for their retirement, and still have something for their children to inherit.

Any planning or shifting of assets must be done very carefully and only after consulting with an attorney experienced with Medicaid planning. Medicaid heavily penalizes transfers of assets made as gifts.

Medicaid Planning

Assets can be protected, though, by using strategies that are permitted by the Medicaid rules. Some, or all, of the healthy spouse’s assets could buy a Medicaid-compliant annuity. This would provide an income stream for the healthy spouse that will not be deemed available to pay for the ill spouse’s care.

In turn, the assets of the ill spouse could be transferred to people they trust, such as a trustee, an agent for financial affairs, a family member, or a beneficiary. That kind of transfer may be subject to a penalty, depending on when the transfer is made and when long-term care benefits are received. Planning well in advance, at least five years, helps mitigate Medicaid penalties.

There are also long-term care insurance products available to cover the costs of long-term care services. Which everyone should consider when newly married and while they are still reasonably young and healthy.

The best strategy of all, though, is to consult an attorney experienced with Medicaid as soon as possible. The sooner you start planning, the more options you have and the more money you can save. Contact us today to schedule a consultation to learn how we can help you prepare for your future.

Our law firm is dedicated to informing you of issues affecting seniors who may be experiencing declining health. We help you and your loved ones prepare for potential long-term medical expenses. Also, the need to transition to in-home care, assisted living care, 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.

Caregiving Stress Among the Sandwich Generation

Caregiving Stress Among the Sandwich Generation

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The sandwich generation is people who are caring for their aging parents along with their own children. You probably feel sandwiched between the older generation and the younger one. It is more likely that you feel pulled in multiple directions while trying to meet the needs of the two generations of family members. According to the Pew Research Center, about a quarter of US adults in 2022 are part of this sandwich generation. It is important to be aware of caregiving stress among the sandwich generation.

Though multi-generational care has existed for millennia, we are seeing an increase of the middle generation simultaneously caring for the older generation and the younger generation. This is due to people living longer and needing more help later in life and the middle generation waiting longer to have children. The result is instead of the older generation providing help with the youngest generation, they are needing help while the youngest generation is too young to care for themselves. This situation puts extra burdens and pressures on the middle generation.

Financial Cost to the Sandwich Generation

Caring for two generations of family members comes with costs, including financial costs. Even if your parents have enough money to meet their needs, you may have to forfeit work time to give unpaid time to caring for their needs and your children’s needs. Most appointments, for seniors and minor children alike, are during business hours, which means you have to take time away from work to shuttle family members to and from appointments as well as other activities.

Some members of the sandwich generation have had to put their careers on hold so they can simultaneously care for older and younger relatives. Some have had to give up full-time jobs and take part-time jobs. Reducing your income early or midway through a career can have long-lasting negative effects. You will have less money saved for retirement, large purchases, and emergencies. This is also true for having enough money to cover short-term expenses.

Emotional Cost to the Sandwich Generation

Raising children is a big commitment and can add enough stress to your life as it is. Add to that the responsibility for an elderly parent and possibly a job and you quickly run out of time for anything else, including you. This can mean that you give up taking proper care of yourself. You may end up forfeiting your social life, hobbies, exercise, or even much-needed sleep. These sacrifices can erode your ability to effectively deal with the stressful situation you are in.

Solutions for the Sandwich Generation

Juggling the time, energy, and economics of caring for two generations of relatives can seriously deplete your reserves. Finding ways to meet each person’s needs, including your own, is crucial to making the situation work. Though each family’s situation is unique and will likely require a unique solution, here are some things to consider trying that could help.

  • Don’t be afraid to ask for help, whether it is from another relative or a family friend.
  • Look into places you can leave your elderly relative for a few hours or a whole day, such as adult daycare, a community center, a public library, or a community recreation center.
  • The same holds true for your children. Look for daycare options and after-school activities for them.
  • Plan as far in advance as possible for scheduling conflicts and financial expenses.
  • Get your elderly relative to do their estate planning and elder law planning at least five years before they may need long-term care. Doing this can allow them to qualify for Medicaid or other government benefits when they will need them the most. Such benefits could help pay for long-term care needs, thus freeing up your time for other things.

Even though you may see taking care of your family members as your highest priority, keep in mind that you need to take care of yourself as well. In the same way flight attendants tell passengers to put their oxygen masks on before helping others with their masks, you can’t take care of others if you are unable to take care of yourself.

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. Also, the need to transition to in-home care, assisted living care, 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.

Providing Support for Adults with Disabilities

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The number of Americans with disabilities is growing, and so is providing support for adults with disabilities. Parents planning for the future well-being of their adult children is a responsive, ongoing process. A Journal of the American Medical Association reports the life expectancy of adults with Down Syndrome has increased from 25 in 1983 to 60 in 2020. The same study cites that those with cerebral palsy, the most common motor disability of US children, may often live into their 50s.

The ever-increasing life expectancies of adults with disabilities mean that comprehensive special needs planning requires short and long-term planning to lay the foundation of five key elements to ensure a successful support system:

  1. Vision
  2. Living Accommodation
  3. Government Resources
  4. Private Financial Resources
  5. Legal Needs

Vision

How do you envision your adult child’s life after you’re gone? As you define and refine your vision to the extent possible, you should involve your child in the process. It’s important to focus on the strengths and abilities of the adult child, not just the challenges of their disabilities. This involvement helps promote self-esteem and independence to the highest degree possible.

Letter of Intent (LOI)

Although this letter is not a legal document, it provides key instructions and information about your child’s routines, preferences, and wishes. The LOI can and should be extremely detailed, including identifying caregivers, medical information and providers, and other individuals in their lives who may be a good fit to care for or support your child. Reviewing and updating the letter at least every two years or when significant changes occur is good practice.

Supported Decision-Making

If your adult child is capable and in charge of decision-making, selecting a team of trusted advisors is still important. This team may include family members, professionals, friends, and community services who all participate in your adult child’s success. The National Resource Center for Supported Decision-Making has information about the right to make choices by state.

Living Accommodation

Where your adult child will live depends on several factors, including their disability type and available financial resources. If your child currently lives in your home, don’t wait until you die to have them move into and experience a new home. Moving can be a tough experience while you are alive but catastrophic when you are gone.

Housing Options

  • Your home – It’s great if you can leave your residence to your child in a special needs trust as long as it also contains enough money to cover ongoing property maintenance, taxes, and other costs.
  • Another home – You might purchase a townhouse or condo for your child and hold the property in a special needs trust.
  • Section 8 vouchers – This federal program provides housing in the community to low-income people; however, wait lists can be long.
  • Group homes – Adults with disabilities can use private money or Medicaid payments to live in a group home. In some cases, this living situation also has counselors and other staff that can help residents live as independently as possible.
  • If assisted living is a requirement, a special needs attorney can help identify options.

Government Resources

Creating a schedule of the individuals, services, and organizations that have become your adult child’s support system. And how they are financed makes your vision for your child a reality. You can be creative, and pair speech, physical, and occupational therapists, as your child’s abilities develop more fully. Much of your child’s resources throughout adult life will depend on the continuation of government programs that provide the support and services they need.

Government Assistance Programs

It’s wise to involve a special needs attorney to explain how to properly manage these resources. In order to preserve your child’s access to government programs.

A person with developmental disabilities can often access the Supplemental Security Income (SSI) program. Which guarantees a minimum income to qualifying low-income recipients. A representative payee can assist those individuals who are unable to manage their finances.

To be eligible for Medicaid benefits, the recipient must have a limited income and assets (assets not protected by ABLE or Special Needs Trust accounts) and covers a broad range of health care costs.

Maintaining eligibility standards and managing these benefits may be more than your adult child with disabilities can manage. Identifying a reliable candidate and creating the structure that legally permits them to facilitate these programs is crucial to your child’s future well-being.

Many US military personnel have experienced serious physical and mental health problems since serving in Iraq and Afghanistan. A large percentage of these service members are unmarried and under thirty. For parents of veterans with disabilities, look into the Veterans Disability Compensation program.

There is also a benefits program for veterans with permanent disabilities, which is needs-based. The Veterans Disability Pension has eligibility requirements based on your adult child’s assets and income. A veterans specialist or disability attorney can create a special needs trust to ensure your adult child can qualify.

Many other government programs are available to help your adult child with disabilities have a successful future. A special needs attorney can explain more about discrimination protections outlined in the Americans with Disabilities Act (ADA), the Affordable Care Act (ACA), the Ticket to Work Program, and more.

Private Financial Resources

Parents of children with special needs have additional planning requirements to ensure the safety and success of their child’s life when they are no longer alive to oversee that child’s well-being. Creating a realistic strategy is key to success. Begin with creating a general framework with a special needs lawyer and then fill in the financial details. Financial resources may include life insurance policies and other investment strategies.such as funding an Achieving a Better Life Experience (ABLE) account. The cash flow these accounts create will allow your adult child to continue living a life of safety, purpose, and impact after you are gone.

Additionally, your lawyer can create a special needs trust appropriate for your family’s financial situation and child’s needs. This trust type provides additional monies to your adult child without them losing eligibility for government benefits. There are various special needs trust types, including:

  • Third-Party Special or Supplemental Needs Trust (SNT)
  • First-Party Special Needs Trust or Self-Settled SNT
  • Pooled Special Needs Trusts

Legal Needs

There are several legal tools that parents can use to create a lifelong plan for their adult child with disabilities, including:

  • Guardianship
  • Special Needs Trusts
  • Advance Health Care Directive
  • Durable Power of Attorney

It’s important to consult with an attorney who has experience with special needs and disability law. In order to determine the best option for your adult child’s future specific needs and situation.

Conclusion

Planning for your child with special needs is customized to your family circumstances and your child’s unique needs. Legal guidance is critical because missteps can lead to ineligibility for crucial government benefits programs. To provide for your child’s future success after you are gone, speak to a special needs or disability attorney and begin your proactive planning.

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.