Elder law is another aspect of estate planning, focusing primarily on the needs of families and individuals as they age. Issues of aging include senior housing and home care, long-term (or nursing home) care, guardianships and health care documents, Medicare and Medicaid.
As our population ages, more and more of us confront elder law-related issues, whether for ourselves or our parents. One of the most pressing issues is long-term nursing home care, which usually is not covered by traditional health insurance. Depending on where you live and the level of care needed, nursing home care costs can vary greatly. In 2017, the national median cost for a private room in a skilled nursing facility was $97,455. The average stay is slightly more than two years. Most people end up paying for nursing home care until their personal (or family) assets are depleted, then they may qualify for Medicaid to pick up the cost.
Careful planning, however, can help protect your assets, whether for your spouse or for your children. The belt-and-suspenders approach is to purchase long-term care insurance while you are healthy enough to qualify, and to make sure you receive the benefits to which you are entitled under Medicare and Medicaid.
Clients are frequently confused over the differences between Medicare and Medicaid. Though their names are very similar, the programs are quite different. Medicare is an entitlement program, a federal health insurance program in which most people enroll when they turn 65 years old. There are no financial qualification rules. Medicare has two primary parts: Part A and Part B.
Medicare Part A covers in-hospital care, extended care after a hospital stay, some home health care services, and hospice services. The rules for nursing home coverage are very strict and, in fact, Medicare pays for less than nine percent of nursing home care in this country.
Medicaid, is a joint federal-state program, subject to certain federal requirements, each state implements its own regulations on how the program is managed. Medicaid is not an entitlement program like Medicare, but rather a form of welfare. Medicaid eligibility is determined after the proper application is submitted to the state. There are many Medicaid insurance programs available in MI, from basic medical coverage to nursing home programs.
We assist seniors and their families in making the tough decisions regarding long-term care planning, including whether Medicaid eligibility may be an option.
Helping a parent move to senior housing can seem more intimidating than orchestrating a rocket launch. The death of a spouse, declining health or safety concerns can trigger the need to move. The first phase comes with the realization that what has been home is no longer suitable. Emotional ties to a place are hard to overcome. Finding a new home that is appealing and appropriate is no easy task, and neither is culling through a lifetime’s accumulation of “stuff.”
Here are some tips to help make the transition easier:
“Aid and Attendance Pension” is a special Veteran’s Program designed to help veterans and/or their surviving spouses receive the financial support necessary to ensure their continuing care in their own home or in an assisted living or nursing home setting. Benefits may also be available for house-bound individuals that require daily assistance to maintain their health, dignity and safety.
This is a tax-free benefit paid directly to the qualified applicant. The benefit amount paid is available in addition to any other existing resources the resident uses to pay for their care.
Veteran must have served at least 90 days of active duty, with at least one day served during a time of war.
Many variables require each case to be evaluated individually regarding the level of assets an applicant may have.
In general, there must be less income each year than the cost of care provided including the monthly charges by an in-home care provider, assisted living or nursing facility.
There must be a medical reason why you cannot live independently and need regular assistance and care with Activities of Daily Living (ADLs), such as bathing, dressing, using the bathroom, or mental incapacitation such as dementia or mental illness.
