Question: My husband and I (64 & 62 years old respectively) are currently in the process of planning for our elder care needs and it was suggested that we set up a Trust. Why would this be necessary – i.e., what are the advantages of setting up this type of legal document? We are financially […]
Question: “My 31 year old son is disabled and has lived with his 89 year old grandmother for about 10 years. He does not hold a job and receives Social Security Disability, Medicare and Medicaid. Now that his grandmother is ill and not expected to live much longer, I am concerned that he will have […]
Question: 3 months ago my sisters and I reluctantly placed our mother (who is 81 years old) in a local nursing home. Now she is about 30 pounds thinner, doesn’t speak, smells terribly and has bed sores. We believe that this is the result of poor care provided by the nursing home. Is there anyone […]
Elder Law for Caregivers Caregiving for someone with Alzheimer’s, a related dementia, or a physical illness is one of the most difficult jobs in the world. In addition to making sure that your loved one is safe and their daily needs are met, you are also faced with the fact that there are many financial […]
Question: Will my parents’ long term care insurance policies pay for day care for my father. Mom is the primary caregiver and needs this “time off” from dad in order not to become totally exhausted. Please advise. Answer: Without seeing your parent’s specific policy, it is impossible to know what is or is not covered. Some […]
Question: “My mother died about 3 weeks ago, and I am the Executor of her estate. How should I proceed in fulfilling my role as Executor of her estate?” Answer: First, my condolences on your Mother’s death. Since you know that you are the Executor, you should locate the original Last Will, and get a general idea […]
The Future and Security of your Son or Daughter What Will Happen After I’m Gone? Imagine for a moment that tomorrow evening, on your way home from a party, you and your spouse pass away in a car accident. Have you ever wondered what will happen to your child with a disability after you are […]
Question: “My wife and I (who are in our 60s) have been encouraged to set up a Special Needs Trusts for our disabled adult child. Could you please tell us why this would be necessary? Also, could you please provide us with a little background information on this type of legal instrument?” Answer: Among the many […]
Question: My mother is 87 years old and lives in an assisted living facility, which cost about $4,000 per month. She has no assets to speak of and very little income, i.e. she has a small monthly Social Security check and a very small monthly pension. I have been paying for her care in the […]
I am an honorably discharged Vietnam era veteran with more than 90 days active duty service. I am 66 and researching long term care insurance for my wife and myself. What do I need to know about VA benefits available to me and how that might affect the insurance coverage I would purchase from a […]
Skilled care is ideal for patients who cannot live independently due to fairly pronounced physical or cognitive ailments. Although the level of care delivered is not the same degree as in an acute care situation that necessitates a hospital visit, a patient receiving skilled care must generally be monitored by a team of skilled nurse […]
Question: “Help! My mother has been diagnosed with Alzheimer’s Disease and my family and I have no idea how to proceed in helping her. At what point do we consider nursing home care, and how will we afford this, etc?? Please provide us with some guidance as to how we should proceed and what our […]
Will the VA Cover Nursing Home Care? The Department of Veterans Affairs (VA) may provide long-term care for service-related disabilities or for certain eligible veterans. There might be a waiting list for VA nursing homes. The VA also provides some at-home care. The V.A. provides nursing home and other long-term care — the V.A. calls it […]
Question: The state has denied my mother’s request to receive long term care Medicaid benefits (Appealing Medicaid Denials). Is there any way we can appeal this decision, and how would we go about doing this? Answer: You have the right to appeal the decision denying your mother’s Medicaid. I cannot answer as to the exact procedures […]
Question: My brother has Medicare as his primary insurer and Plan F as his Secondary Supplement (Mutual of Omaha). He has congestive heart failure, requires oxygen, kidney failure, problems with vision, diabetes and is unable to walk. He is confined to his home. His wife provides his care. He is unable to ride in a […]
Question: My family and I read with interest last week’s update regarding proposed 2013 changes to the VA’s Aid & Attendance program, and we were wondering whether you could provide us with an update as to where these proposed changes actually stand. Have any of these changes been implemented (and if yes, when), and if they […]
Question: We are about to begin the process of filling out the VA Application Form for Aid and Attendance for our 83 year old mother. However, we now understand that the Veteran’s Administration recently changed some of the rules; for example, they have changed what they consider to be an “unreimbursed medical expense.” Can you […]
“My 80 year-old, widowed mother is selling her large home and plans to move into a smaller, more manageable residence. She hopes to be able to stay in her new home the rest of her life. She is in reasonably good health at this time and has long term health care insurance to help pay […]
Dementia, Competency & Power of Attorney Question: “My mother is 91 years old and has Dementia/Alzheimer’s. She does not know how to read or write, but recently she apparently granted Power of Attorney for her finances to my elder sibling. This was done in secrecy and did not take the rest of the family into […]
Trust Basics A trust is the legal relationship that is created when a person transfers “stuff” to a trustee with the understanding that the trustee will manage it for the benefit of one or more beneficiaries. We use the term “stuff” to mean any kind of property you can own. It includes both real property—such […]
There are three (3) main options for paying for long-term care – out of pocket (private pay), long-term care insurance, and government programs such as Medicare (very limited), Medicaid (income and asset dependent) and Veterans Administration (income and asset dependent). Which options are available to help your parents will depend on their situation. Long-term care […]
Question: Help. I don’t know where to start and have no idea what to do in order to get my family’s “house in order” in regards to planning for our elder care needs. My husband and I are in our mid 60s, are in good health, own our home and have some retirement savings. Although […]
Question: In yesterday’s Q&A, which dealt with Medicare’s 100 day rule limit for reimbursement of nursing home rehabilitation, Attorney Siebert said that there was a class action suit just settled for the 100 day rule which if a person was not making progress under skilled care that Medicare would cease to cover that cost and […]
Question: “My father-in-law is currently in a nursing home. He’s been in and out of various facilities resulting from two failed back surgeries, followed by several years of over-prescribed pain medicines. In the last 12 months he’s been in a rapid decline of health; that’s why we put him into care facilities. The current facility […]