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Costs Associated with Second Marriages

February 22, 2023/in Elder Law, Estate Planning /by goff

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

February 15, 2023/in Elder Law, Estate Planning /by goff

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.

Providing Support for Adults with Disabilities

February 1, 2023/in Elder Law, Special Needs /by goff

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:

Vision
Living Accommodation
Government Resources
Private Financial Resources
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.

Common Mistakes in Special Needs Planning

January 25, 2023/in Elder Law, Special Needs /by goff

Statistics show that 26% of American adults live with some form of disability– more than you might think. However, federal and state benefits, such as Medicaid and Supplemental Security Income (SSI), are available for persons with special needs. These benefits are “needs-based,” which means the amount of assets and income the beneficiary can have are very limited.

When planning for a loved one with special needs, you must ensure they don’t receive money or other assets thatcould cause disqualification from their government benefits. Here are some common mistakes in special needs planning.

Gifts

Gifts of money or assets from well-intentioned family members or friends can disqualify a loved one with special needs from government benefits. This would cauwe their countable assets to exceed the acceptable limit. After getting disqualified, it can be difficult to requalify for benefits. It’s better to have gifts go to a special needs trust or a similar financial planning tool set up for the benefit of the recipient.

Disinherit

Some parents believe if they disinherit their child with special needs, that child’s siblings will help take care of them for the remainder of their life. This plan puts a lot of responsibility on the other siblings and can fall apart for many reasons. If the inheritance is in the siblings’ names, it could be lost due to divorce, lawsuits, bankruptcy, or irresponsible spending. Additionally, Louisiana’s forced heirship laws can foil such a plan. Forced heirship requires that a special needs child (or grandchild in some circumstances) must received a certain amount of a decedent’s estate after he or she dies.

Lack of a Trust

Failing to create a special needs trust for your loved one with special needs is a common mistake. Government benefits are used for basic living expenses, such as housing, food, and medical care. Therefore, a person with special needs usually won’t have enough money for other expenses, such as travel and hobbies. Creating a special needs trust can make funds available for expenses that government benefits don’t cover.

Crowdfunding

Similar to gift-giving from family members and friends, donations from a crowdfunding campaign can negatively affect your loved one with special needs. By pushing their countable assets over the acceptable limit. If you want to create a crowdfunding campaign to benefit your loved one with special needs, find a way to keep the funds out of your loved one’s name. Again, a special needs trust could be a good option.

Consult an Attorney

The best way to avoid making mistakes that could cause your loved one with special needs to lose their government benefits is to consult with an attorney experienced in elder law and estate planning. They will be able to help you find the best solution for your particular situation.

Our law firm is dedicated to informing you of issues affecting persons with special needs. We help you and your loved ones plan for the best possible future. Contact us today to schedule an appointment.

A Comparison of Elder Law and Estate Planning

December 21, 2022/in Elder Law, Estate Planning /by goff

You might wonder what estate planning and elder law are and how they differ as you plan for the future. Both financially and in terms of health care. Estate planning and elder law also have some similarities. A comparison of elder law and estate planning will be addressed below.

Even though these two types of law are for different stages in life, they are often handled at the same time. This is because many people wait till later in life to start their estate planning process. When an older person creates an estate plan, they may also need some elder law counseling. To better understand the two areas of the legal field, we will look at the solutions they provide. As well as the questions they answer, and how they can work together.

Estate Planning

The main goal of estate planning is to choose legal documents that will determine what will happen to you and your assets once you have passed away or become incapacitated. An estate planning attorney will help you make important decisions, such as:

Who makes medical and financial decisions if you are unable
Who is allowed access to your medical records
How assets are distributed after you are gone
Who cares for minor children if you become incapacitated or die
Who manages money for your minor children if you are no longer able
How to handle your funeral arrangements and burial

Durable Powers of Attorney

By using a general durable power of attorney document, you can name a person, or persons, to make financial decisions on your behalf either immediately or if you are no longer able to do so. Expressing your end-of-life wishes requires designating a person to make healthcare decisions for you by completing a health care directive. By completing a Health Insurance Portability and Accountability Act (HIPAA) form, you will give your health care providers permission to share your medical records with the people listed on your HIPAA form.

Wills and Trusts

In your will, you can name the beneficiaries of your estate as well as a guardian to care for any minor children you may have at the time of your death. You can also name a person to manage the money you leave for their benefit. Some people create a trust, or trusts, to hold their assets during their lifetime and after death. They then sign a pour-over will that moves assets into their trust(s) upon death.

Elder Law

Whereas estate planning focuses mostly on what happens after a person dies, the area of elder law focuses on a person’s last years or months. This can include planning for long-term care and applying for government assistance, such as Medicaid, Medicare, and veterans’ benefits, if applicable. Using elder law tools and strategies, an elder law attorney can help you find ways to preserve your assets while preparing to apply for benefits.

Like estate planning, it is best to start the elder law planning process well in advance. To qualify for benefits, such as Medicaid, you may have to sell or transfer ownership of some assets years before applying for benefits. Gifting or transferring assets out of your name must be done according to government requirements, so applying for benefits can be a complicated process. Hiring a skilled attorney can make the difference between receiving benefits quickly or not at all.

Since seniors are at a greater risk for discrimination, neglect, and abuse, elder law attorneys can help seniors and their family members recognize when a senior’s rights are being violated and take legal action to counter and remedy the situation.

Tying Estate Planning and Elder Law Together

It is best to start your estate planning process as soon as possible. The decisions involved could come at any time due to an accident or an illness. Planning for end-of-life care and the benefits associated with it may come later in life, but preparing well in advance lets you legally reduce assets for an extended period to qualify for benefits, like Medicaid.

Even younger families just starting their estate planning process may look at elder law planning at the same time for senior family members’ needs. Some estate planning tools, such as trusts, are often used when helping a parent plan for Medicaid. Even other government benefits for long-term care expenses. An attorney experienced in both estate planning and elder law can advise you in these areas. They will help you navigate complicated processes.

This article offers a summary of aspects of estate planning law. It is not legal advice and does not create an attorney-client relationship. However, it is of upmost importance to know the comparison of elder law and estate planning. For legal advice, contact our Ruston, LA office at (318) 255-1760 to speak to one of our experienced estate attorneys.

How to Cover the Cost of In-Home Care

November 23, 2022/in Elder Law /by goff

We all want to know how to cover the cost of in-home care. It brings up several decisions that need to be made. Including where your home will be. We may ask ourselves, “Am I able to remain in my home independently, or do I need assistance?” If the answer is daily assistance, we have three main options.

Move in with or receive daily assistance from a loved one
Relocate to assisted living or a nursing home
Pay for in-home care services

Of these three options, in-home care is the most desired. However, it comes with a cost, as there are strict Medicare and Medicaid limitations to benefits that cover in-home care services. However, despite the high price and limitations, many people are finding ways to afford this more desirable option.

Don’t completely write off Medicaid.

Medicaid coverage varies greatly depending on the state you live in and may cover long-term in-home care if you qualify for a waiver. There may be a waitlist for benefits, so the sooner you apply, the better.

Use your veteran’s benefits.

An often-overlooked veterans’ benefit is Aid and Attendance, offering help with out-of-pocket expenses. Veterans who have served a minimum of one day during wartime, were on active duty for a minimum of 90 days, and honorably discharged may be eligible for this benefit. If qualified, the veteran receives a tax-free, monthly cash payment to use for care. For veterans and their families, this can help offset the cost of in-home care significantly.

Your life insurance policies may help.

Those with life insurance policies may learn that coverage may apply to in-home care. Some life insurance policies have a feature known as “accelerated benefits.” This feature allows the policyholder to use the insurance within the policy before death occurs. Typically, accelerated benefits are for those who have disabilities related to chronic conditions or require ongoing or long-term in-home care. If your dependents are not relying on the money, you may consider using accelerated benefits to cover the cost associated with in-home care.

Consider a reverse mortgage.

Reverse mortgages were created to help seniors live at home for as long as possible. Therefore, if your home is paid off or a significant amount of equity has been accumulated, a reverse mortgage may be an excellent option to cover the cost of in-home care. A reverse mortgage gives seniors the opportunity to take out home equity in the form of payments or as a lump sum.

Reverse mortgage qualifications include the following:

You must be 62 years of age or older
The home must be owned — either completely paid off or with a minimal balance
The issuing bank appraises the house to determine the value based on the senior’s age and payout

Take advantage of annuities.

An annuity combines personal investment with an ongoing insurance plan. It is a custom contract that an insurance company issues, turning an investor’s premium into an income stream that is fixed and guaranteed. After the investment has matured, the policyholder can begin withdrawing.

Many people only see annuities as a way to help seniors grow their money and assist with living expenses. However, the income earned from the annuity can very well be enough to cover the cost of in-home care.

In-home care is an option!

In-home is the most desired option for those who require daily assistance. Not only does it take away the obligation for loved ones to become caretakers, but it also enhances the quality of life for seniors and allows them to live in the most comfortable place- their home.

Despite the high cost associated with in-home care, this option may be more financially feasible than many realize. It may take some creative thinking and proper planning, but it is possible.

Elder law attorneys have the knowledge to combine estate planning with financial planning and offer guidance for long-term care options, including in-home care. We invite you to contact our Ruston, LA office by calling us at (318) 255-1760 to speak with one of our professionals today about Medicaid, VA benefits, and long-term care expenses.

Elder Abuse Prevention

November 16, 2022/in Elder Abuse, Elder Law /by goff

In a perfect world we could believe that our elderly loved ones aren’t being intentionally harmed. However, the truth is that senior citizens are one of the most vulnerable populations when it comes to abuse. The National Council on Aging reports that one in ten American seniors (60+) have fallen victim to elder abuse. It is also estimated that only one of every twenty-four abuse cases is reported. This suggests that as many as five million elders are abused every year.

Elder Abuse Defined

The Centers for Disease Control defines elder abuse as “an intentional act or failure to act that causes or creates risk or harm to an older adult. An older adult is someone age 60 or older.” While abuse can vary greatly, there are five different types of abuse:

Physical abuse is the intentional injury to or harm to another. It can result from kicking, hitting, grabbing, pushing, biting, pinching, or any forceful action.
Neglect occurs when the basic needs of a person are not being met. This includes personal care, medical, nutritional, hygiene, and housing. It can be classified as unintentional or intentional abuse.
Psychological or emotional abuse can be characterized by verbal or nonverbal behavior that caused distress, fear, psychological suffering, or mental anguish. This type of abuse can include manipulation, threatening behavior, humiliation, intimidation, harassment, shaming, criticism, isolation, exploitation, or power dynamics.
Sexual abuse is the act of any forced, non-consensual, or unwanted sexual contact, interaction attention, or exploitation. This abuse can take many forms. For example, it may include non-consensual touching, exposing the elder, intercourse, exposing oneself to the elder, verbal obscenities, and sexual advances.
Financial abuse takes place when someone, usually a caregiver or trusted individual, illegally or improperly takes advantage of a senior’s money, benefits, belongings, property, or assets for the benefit of someone other than the elder. This type of abuse can include identification theft, stealing money from bank accounts, fraud, incorrect billing of services, and selling off assets.

The Elder Abuse Prevention and Prosecution Act

To fight the growing elder abuse epidemic, the Elder Abuse and Prosecution Act was signed into law on October 18, 2017, by President Donald Trump. This act enhances the government’s focus on elder abuse prevention by utilizing a multi-faceted approach to protecting elders by punishing perpetrators.

The goals of the Elder Abuse and Prosecution Act (EAPPA) are as follows.

Improve local, state, and federal data collection on elder abuse.
Support and improve the prosecution of elder abuse.
Improve elder abuse technical assistance and training for law enforcement.
Improve provided victim assistance programs and resources.
Increase penalties for perpetrators of email and telemarketing scams targeting elders.

Elder Abuse Prevention Components

EAPPA proposes five main changes to protect the elderly from this abuse include:

The Department of Justice is required to designate Elder Justice coordinators. These coordinators are responsible for serving as legal counsel, assisting with the prosecution, and increasing public awareness.
The Attorney General and FBI coordinate elder abuse crime training programs for current and upcoming FBI agents.
It is the Attorney General’s responsibility to coordinate with all law enforcement divisions to establish the best data collection practices. They are also responsible for establishing a group that shares all relevant information for prosecuting and uncovering elder abuse cases.
The Director of the Office for Victims of Crime is required to utilize the data to present an annual report to Congress with an analysis of elder abuse. This will include recommendations on how to improve current services for elder abuse victims.
The federal criminal code expanded to include fraudulent attempts to induce participation in a business opportunity, commitment to a loan, or investment for profit through email or telemarketing.

The elder abuse epidemic is a significant issue in America, and our country was long overdue for help from Congress. However, seeing laws like EAPAA pass over the last few years provides hope that our country will eventually see an end to this epidemic that affects our beloved elders. For more information on elder abuse laws, please contact our Ruston, LA office by calling us at (318) 255-1760.

Respite Care Working Hand in Hand with Caregivers

Respite Care Working with Caregivers

November 2, 2022/in Elder Law /by goff

Caregiving is a selfless duty that offers fulfillment and exhaustion all at once. While many find gratification in caring for others, they must tend to their own lives and responsibilities. Because of this, caregivers typically experience some extent of burnout. To avoid burnout, it is critical for all caregivers to remember to take care of themselves. We can have respite care working hand in hand with caregivers.

Caregiver Burnout

Caregiver burnout is the emotional, physical, and mental exhaustion from the stressors that coincide with caring for a loved one. It is typically accompanied by feeling under-supported, overwhelmed, and underappreciated.

Burnout is most likely to happen when caregivers are not taking care of themselves. This can eventually affect the caregiver’s ability to provide quality care, which can be harmful to both the caregiver and the individual receiving care. A study conducted by the Journals of Gerontology concluded that caregivers under high levels of strain and responsibility had a significantly higher mortality rate and poorer health outcomes compared to those with less or no caretaking pressures.

Fortunately, burnout can be prevented or minimized by taking precautions such as healthy eating, exercising regularly, getting adequate sleep, and utilizing respite care to ensure regular breaks are prioritized.

Respite Care Services

Respite care is an essential component of caregiving. It provides support for caregivers by offering temporary relief. This enables the caregiver to take much-needed breaks from the high demands of caring for a sick, disabled, or aging loved one.

Respite care is unique for each situation. It can take place in one’s home, nursing or residential facilities, or adult day care centers. It may only be for a few hours while the caregiver runs errands, or it can be for a few days to weeks, depending on the circumstances. The type of support varies greatly as well and may include:

Assistance with household chores, errands, or tasks
Transportation to medical appointments
Assistance with bathing, dressing, and hygienic needs
Basic medical care
Companionship

Types of Respite Care

Arrangements for respite care are made ahead of time by the caregiver, and these arrangements can take the form of many types. The most common types of respite care are as follows:

Informal care is generally provided by family members or friends. It does not involve a respite professional and is an excellent solution for occasional, short-term breaks.
In-home care services come to you and offer temporary relief or can be regularly scheduled. An agency or an individual caregiver can provide in-home care aids or respite services.
Day services are an excellent option for adults who enjoy socialization and time out of their homes. These services are provided at various locations, such as senior centers or churches, and allow for supervised socialization under medical care. These services permit caregivers to go to work or complete other daytime tasks.
Residential care is much like a temporary nursing home or assisted living facility. It allows for overnight stays and is a good option if a caregiver must travel or needs a longer break.

Being a caregiver is a full-time responsibility. To provide the best care for a loved one, the caregiver must ensure that they are taking care of themselves too. Respite care plays a vital role, as it recharges the caregiver so burnout can be avoided and all have the best outcome. Respite care are working hand in hand with caregivers.

If you are caring for aging parents or someone with a special needs disability, learn more about respite resources available to you. For assistance, please contact our Ruston, LA office by calling us at (318) 255-1760.

Coverage for Long-Term Care

September 7, 2022/in Elder Law, Senior Living /by goff

The improvement in medical care and healthier lifestyles are making people live longer. Because of this, more of us will need some form of long-term care in our later years. As a result, the cost of long-term care has been rising. Wharton estimates nursing home costs will increase by 4.7% and home health care by 6.9% by 2030.

Many seniors will receive some long-term care services from relatives, friends, or neighbors. However, many others will need professional help, whether in their home, an assisted-living facility, or a nursing home. There are different ways to pay for these types of long-term care. If you are able to plan well in advance for your long-term care needs, long-term care insurance could be a good option.

Traditional Long-term Care Insurance

Traditional long-term care insurance policies are similar to health, home, or auto insurance policies. You typically pay the insurance company regular premiums to keep the policy in effect and file claims. If you need them to pay for services your policy covers.

Like health insurance policies, you can choose the amount and types of coverage you want your long-term care insurance policy to cover. Policies state how much reimbursement you can receive on a daily or monthly basis over a certain number of years or up to a lifetime maximum. You may be allowed different amounts depending on the care you are receiving, such as care in your home or nursing home.

Another policy feature you may get to choose is the waiting period between when you start needing care and when you start receiving benefits. Ninety days is a typical waiting period; however, you can pay more to start receiving benefits after 30 days, or you can pay less and wait 180 days before benefits start.

What Long-term Care Insurance Covers

The long-term care insurer will dictate what they will cover and what they won’t cover. Some conditions are often not covered by insurers, such as alcoholism and drug addiction. Some preexisting conditions, such as heart disease or cancer, may not be covered right away. If you have a preexisting condition, find out if the insurer will cover needs connected to that condition before you sign up.

Generally, you can be eligible for benefits when you can no longer perform a certain number of daily living activities. This can be such as eating, dressing, getting into and out of chairs and beds, bathing, and using the toilet. Often you won’t need to pay premiums while you are receiving benefits.

Usually, you’ll lose your coverage if you stop paying your premiums before you need to receive benefits. Unfortunately, you don’t get your premium payments back if you never use the coverage. The insurance company keeps the money.

Hybrid Policies

Many long-term care policies these days are combined with other benefits, such as life insurance. These policies are referred to as hybrid or linked-benefit policies. For this type of policy, you will likely pay a lump sum or several fixed annual payments.

With a hybrid policy, you will get coverage similar to what you would get with a traditional policy. In addition to an amount of life insurance that will go to your heirs if you don’t use the long-term care benefits. If you do need to use the long-term care benefits, the life insurance payout would be reduced or eliminated. This extra flexibility usually comes with a higher premium.

Consult with a Professional

There are many factors to consider before committing to a long-term insurance policy. You may determine that you don’t even need one. Do an ample amount of research and talk with an insurance professional or an elder law attorney.

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 and the need to transition to in-home care, assisted living care, or nursing facility care. Contact our office today to learn how we can help you afford the right level and best quality of long-term 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 assistance, please contact our Ruston, LA office by calling us at (318) 255-1760.

The Importance of Hiring an Elder Law Attorney

May 18, 2022/in Elder Law /by goff

Whether your loved ones are older adults, or you are concerned about your future health and financial well-being, an elder law attorney can help. Elder law is a highly specialized area of law focusing on the legal needs of older adults encompassing more significant issues like long-term health care needs, quality of life, and financial well-being. Know the importance of hiring an Elder Law attorney as soon as possible. Planning may include estate planning and administration, asset protection planning, Medicaid planning and applications, wills and trusts, probate, advance directives, special needs planning, and guardianships.

How would you answer the following questions:

Do you have a will, and has it been updated in the last five years?
Are your assets protected in the event you require home care or nursing home care?
Do you have a living will, including a health care proxy and durable power of attorney?
Is your home protected, perhaps in a trust?
Are you willing to spend half or even all of your assets on the cost of your elder care?

If your answers are no to any of these questions, it is time to consult with an elder law attorney.

The Importance of Medicaid Planning with an Elder Law Attorney

As you age, early planning is the key to enjoy a successful, secure, and less stressful lifestyle. Currently, the look-back period for Medicaid nursing home benefit qualifications is five years, and it is 2.5 years for Medicaid home care benefits. Early planning can protect many of your assets and still secure eligibility for government benefits.

The truth is, regardless of your age or wealth, you should have an estate plan. Your will sets forth instructions regarding which heirs will receive your property upon your death, name a guardian(s) for minor children, and protect assets in a special needs trust benefiting any disabled loved ones. An estate plan will tackle tax planning, power of attorney, health care proxy, and a living will in the event of unforeseen incapacity.

Engaging in Medicaid planning and asset protection can ensure you or your loved one will receive the care they need and afford it. Medicaid planning can protect a healthy spouse who wishes to remain in your home with the financial resources to do so. Proper planning for Medicaid benefits can protect your assets from Medicaid’s estate recovery program, genuine estate liens.

How an Elder Care Attorney Can Help You or a Loved One?

Hiring an experienced elder care attorney can be the most significant financial safeguard a person can make. For their life or the life of a loved one. Specific services of an elder care attorney include but are not limited to:

Planning and managing of long-term care services – Your elder law attorney will compile financial information, insurance, and assets, including medical and housing needs, in addition to evaluating and implementing estate planning. Geriatric care, veterans benefits, financial and tax planning, and preparation are part of the process.
Planning and qualifying for Medicaid eligibility – Elder law attorneys understand the differences between Medicare and Medicaid. They can show how income levels and current asset holdings may affect your future benefits.
Interdictions (Guardianships) – In this process, a judge will appoint a person to manage another’s financial affairs known as a Curator (guardian). Particularly for those who can no longer care for themselves or have Alzheimer’s or other forms of dementia. Elder law attorneys can guide a family through the process of obtaining guardianship for their loved one’s benefit.
Administration of the estate, probate and trust(s) – This service benefits the estate holder and the designated trustees or executors. An elder law attorney can outline the rights and responsibilities of those with fiduciary appointments.
Estate and disability planning and preparedness – Many seniors have questions regarding the impact of their will on their family. And other tax and legal issues. Your elder law attorney can explain these impacts and help guide choices that ensure your legacy and benefit your heirs.

Getting the Guidance you Need

A well-crafted estate plan is invaluable to you and your beneficiaries. Your elder law attorney will help guide you through the estate plan process. Customizing it to meet your needs, and prepare the legal documents reflecting the laws of your state. Early proactive planning will yield the best results to protect your assets and your well-being. Contact our Ruston, LA office by calling us at (318) 255-1760 to establish or review your existing estate plan.