A Wall Street Journal article asked some tough questions about the availability of Medicaid nationwide. We realize that many local residents are understandably concerned about the program in our state–it is an essential lifeline for many seniors. The latest WSJ article suggest that some states are making it harder for individuals to receive Medicaid help to pay for long-term care costs–however, the "crack down" on Medicaid expenditures is advancing very differently in certain states. According to the Kaiser Family Foundation, Medicaid now accounts for about 40% of long-term care spending nationwide. The program is a joint state and federal effort…
Many seniors are aware that some planning is necessary if Medicaid is to cover their skilled nursing care as they age and that making gifts of money or property to their loved ones before they need care can be part of that process. There are a few common misconceptions, however, about gifting and the Medicaid Process. Often, penalties resulting from these transfers could have been avoided if clients had been aware of the consequences of their actions. “I thought I was allowed give away $13,000.00 to each person every year.” This statement and action is a result of the misapplication…
Many families are unprepared for nursing home or long term care planning costs, especially when they find out that Medicare doesn't pay for long-term care. The monthly cost in a private room at a nursing home, is approximately $9,000 per month in our area. The yearly cost is 12 months x $9,000 equals $108,000 per year. Medicare does not pay for long term care. Medicaid will pay for the nursing home, only when you have spent most of your assets. Assisted living is an option where the facility provides personal care services, such as meals, housekeeping and assistance with activities….
Medicare has detailed information about every Medicare and Medicaid-certified nursing home in the country. Before you get started, you or your family member may have other long-term care choices like community-based services, home care, or assisted living depending on your needs and resources. Otherwise, click on the above and follow the steps when choosing a nursing home: Step 1: Find Nursing Homes in your area. Search by name, city, county, state, or ZIP code. Step 2: Compare the quality of the nursing Homes you're considering using the Five-Star Quality Ratings, health inspection results, nursing home staff data, quality measures,…
Trusts fall into two basic categories: testamentary and inter vivos. A testamentary trust is one created by your will, and it does not come into existence until you die. In contrast, an inter vivos trust starts during your lifetime. You create it now and it exists during your life. There are two kinds of inter vivos trusts: revocable and irrevocable. Revocable Trusts Revocable trusts are often referred to as "living" trusts. With a revocable trust, the donor maintains complete control over the trust and may amend, revoke or terminate the trust at any time. This means that you, the donor,…
We had a client come to our office in tears. She was the “responsible daughter” and it seemed like whenever there was a family problem, it fell to her. She got her father into the nursing home, and signed the contract for him She visited her father at the nursing home nearly every day to make sure he was getting the care he needed. She talked with the nursing home business office. When it came time to file the Medicaid application, the facility assured her that there would not be a problem and that they would handle the paperwork for…
Entering a nursing home can provide provide peace of mind for your elderly parent. But if proper asset protection planning for the monies involved in nursing home care and estate planning are not done in advance, it can put your loved one at risk financially. Especially for seniors on Medicaid, there are important considerations to take before moving into a nursing home. Many seniors own a home, and depending on what is done with a home before moving into the nursing home can greatly affect their assets. Before deciding on selling the family home or transferring it to a family…
There is no easy way for a family to deal with a senior grappling with a cognitive mental disease like dementia or Alzheimer's. Like any health problems faced by loved ones, a family's initial reaction is to try to get the senior the help they need. However, at our Elder Law firm we understand that cognitive conditions are tricky, because the injury is not physical and often the senior may not be fully aware that they are even suffering from the problem at all. One elder law advocate recently discussed this challenge in response to a reader question explaining her…
Some mistakenly dismiss elder law as something with which they need not concern themselves until they personally need help getting by each day. However, at the Elder Law office we work with many local residents on these issues decades before they need care themselves. That is because many adult children are forced to deal with these concerns on behalf of their parents–many of whom have serious health concerns that arise quite quickly. With demographic changes leading to a boom in the elderly population, the need to care for aging parents is catching more and more adult children by surprise. According…
A Wall Street Journal article this weekend asked some tough questions about the availability of Medicaid nationwide. At the Elder Law office we realize that many local residents are understandably concerned about the program in our state–it is an essential lifeline for many seniors. The latest WSJ article suggest that some states are making it harder for individuals to receive Medicaid help to pay for long-term care costs–however, the "crack down" on Medicaid expenditures is advancing very differently in certain states. According to the Kaiser Family Foundation, Medicaid now accounts for about 40% of long-term care spending nationwide. The program…
Frederick, MD 
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