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Top Tips from an Elder Care Attorney
Amanda M. Wolf – Attorney at Law

  1. None of us - young or old - knows when we will become ill or incapacitated. One of the best things that you can do for your family is to ensure that plans and appropriate legal documents are put into place BEFORE an incident arises. This spares loved ones the difficulty and anxiety of trying to determine how things should be handled and the frustration and uncertainty of having to guess what their loved one’s true wishes would have been if they were not incapacitated.
  2. It is a common misconception that a spouse or adult child can automatically step in and make financial and/or medical decisions for an incapacitated individual. There is no automatic right for a spouse, adult son or daughter or other loved one to make these decisions. Without a properly executed Durable Power of Attorney and Health Care Surrogate Designation, the individual seeking the right to make decisions would have to petition the court through a guardianship proceeding for the right to act on behalf of a loved one.
  3. As a person ages, there are three very important legal documents that are often relied upon to allow another person to assist them with their finances and their health decisions.  These are:
    1. A Durable Power of Attorney,
    2. A Health Care Surrogate Designation, and
    3. A Living Will.

    It may be beneficial for persons over the age of 60 to consult with an Elder Care Attorney and have the Elder Care Attorney review and/or revise their legal documents so that the documents include what is necessary to assist that person as they age.   If these documents are not in place before a person needs the assistance, or if the documents are not drafted well, the family may be limited in how they assist that person.  Additionally, that person may not have the mental capacity to sign new legal documents, which could also hinder how their family assists them.

  4. As a person ages the likelihood that they will need care increases.  Most concerns regarding care are related to how the individual or family will pay for it.  Some options to pay for care are: Long Term Care Insurance (for those who have a policy); Medicaid (for those who qualify under a particular state’s rules); and VA benefits (for those who satisfy the necessary criteria).
  5. Many people are misinformed with regard to what long-term Medicaid pays for, how to qualify, and whether or not a person must “spend down” their assets in order to qualify.  If a person qualifies for nursing home Medicaid, Medicaid could pay for the majority of that person’s nursing home bill.  An experienced Elder Care Attorney who handles Medicaid planning may be able to assist nursing home patients qualify for Medicaid while at the same time, preserving their assets.  It is important, however, that the entire estate of the person or couple be reviewed and potentially revised in order to protect and preserve as many assets as possible.
  6. While most people have heard that Medicaid can assist with the payment of nursing home costs, most people do not know that other Medicaid programs are available to assist seniors pay for the cost of care in an Assisted Living Facility or even at home. The rules and requirements for these programs can vary from county to county, so it is a good idea to consult with an Elder Care Attorney to find out whether you or a person you love is a good candidate.
  7. Medicaid rules and regulations disallow the gifting of assets to qualify for the program. Without proper counsel, an applicant could do something to disqualify themselves from the program without even knowing it.  Unfortunately, many people are misinformed about the criteria Medicaid uses to determine eligibility.  Such misinformation is likely due to the ever changing and complicated Medicaid regulations.  It is very important, however, that an attorney familiar with the Medicaid laws examines your assets and assists you in planning your estate for Medicaid qualification.
  8. In addition to Medicaid programs, there are three VA pensions that can assist veterans or widows/widowers of veterans pay for care.  The three VA pensions are 1) Low Income Pension, 2) Housebound Pension, and 3) Aid and Attendance Pension.  The Pension programs provide qualified veterans or their widows/widowers with funds to offset the cost of necessary health care.  For more information on the VA Pensions, you may go to www.va.gov, or contact an Elder Care Attorney who is knowledgeable on both VA and Medicaid benefits.

Amanda Wolf devotes her practice exclusively to estate planning, elder law and related issues. Her practice includes wills, trusts, probate, and incapacity planning, including powers of attorney, advance directives for health care such as living wills and health care surrogate designations. A large part of her practice also involves assisting individuals in qualifying for public assistance through Medicaid and VA benefits (specifically long term care), the preparation and administration of special needs trusts for disabled individuals, and estate planning for the disabled and their families.

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The Law Offices of Amanda M. Wolf, P.A.
3715 West Horatio Street • Tampa • FL • 33609 • PH 813.350.7991 ____________________________________________________________________________