Elder Planning
Oftentimes, individuals with special physical or mental needs require extra planning for future care and financial needs. Such planning is often sought by their current caregiver (often a parent) in case they are no longer able to care for them. For example, a cognitive disability causes issues with regards to a number of areas that may require help from others managing finances, dealing with medical staff, and help with rehabilitation. A Special Needs or “Miller” trust is a tool sometimes used to protect the assets of a mentally or physically disabled individual while still allowing them to qualify for Medicaid for a nursing home. The trust can then be used to pay for “approved” expenses. A elder law attorney can assist with this planning.
Power of Attorney - Advanced Healthcare Directive - Alzheimer's Care Issues - Wills - Medicare/Medicaid
Special Needs/Miller Trust
Special Needs/Miller Trust
POWER OF ATTORNEY
A power of attorney allows one to appoint another to act in his or her place when he or she is unable to take action personally. The individual making the appointment is called the principal and the person authorized to act on the principal’s behalf is called the agent or attorney-in-fact. All powers of attorney terminate on the death of the principal. A principal may also revoke the power of attorney at any time as long as he or she is competent. A successor agent may be named in the power of attorney to prevent it from lapsing if the first named agent dies or is unable to serve.
ADVANCED HEALTHCARE DIRECTIVE
An advanced healthcare directive allows one to make decisions as to how health care decisions may be made on their behalf in the event they cannot make such decisions for themselves. This may include designating a health care agent and/or directing their wishes in regards to life-sustaining treatments, nourishment, and hydration.
ALZHEIMER’S CARE ISSUES
Making legal plans in advance is important for several reasons: Early planning allows the person with Alzheimer’s/dementia to be involved and express his or her wishes for future care and decisions.This eliminates guesswork for families, and allows for the person with dementia to designate decision makers on his or her behalf. Early planning also allows time to work through the complex legal and financial issues that are involved in long-term care.Legal planning should include:
WILLS
The last will and testament of an individual allows an individual to specify how his or her assets should be handled in the event of his or her death. The Will that an individual needs depends upon each individual’s life circumstance. Young children, blended families, finances, trust, etc. all play different roles in how a Will should be drawn. An interview is required to best decide what direction is best for any given set of variables.
MEDICARE/MEDICAID
Medicare is an insurance program that pays medical bills for people who are over 65 years old or who have disabilities. It is available to people who receive Social Security benefits regardless of how much money they have. It is operated by the Federal government and is paid for with money from the Social Security Trust Fund, which most people pay into while they work. Medicaid is state administered health care coverage for those who qualify often including children, pregnant women, and individuals with disabilities. For those who qualify, Medicaid also provides nursing home coverage.
SPECIAL NEEDS/ MILLER TRUST
Oftentimes, individuals with special physical or mental needs require extra planning for future care and financial needs. Such planning is often sought by their current caregiver (often a parent) in case they are no longer able to care for them. For example, a cognitive disability causes issues with regards to a number of areas that may require help from others managing finances, dealing with medical staff, and help with rehabilitation. A Special Needs or “Miller” trust is a tool sometimes used to protect the assets of a mentally or physically disabled individual while still allowing them to qualify for Medicaid for a nursing home. The trust can then be used to pay for “approved” expenses. A elder law attorney can assist with this planning.
A power of attorney allows one to appoint another to act in his or her place when he or she is unable to take action personally. The individual making the appointment is called the principal and the person authorized to act on the principal’s behalf is called the agent or attorney-in-fact. All powers of attorney terminate on the death of the principal. A principal may also revoke the power of attorney at any time as long as he or she is competent. A successor agent may be named in the power of attorney to prevent it from lapsing if the first named agent dies or is unable to serve.
ADVANCED HEALTHCARE DIRECTIVE
An advanced healthcare directive allows one to make decisions as to how health care decisions may be made on their behalf in the event they cannot make such decisions for themselves. This may include designating a health care agent and/or directing their wishes in regards to life-sustaining treatments, nourishment, and hydration.
ALZHEIMER’S CARE ISSUES
Making legal plans in advance is important for several reasons: Early planning allows the person with Alzheimer’s/dementia to be involved and express his or her wishes for future care and decisions.This eliminates guesswork for families, and allows for the person with dementia to designate decision makers on his or her behalf. Early planning also allows time to work through the complex legal and financial issues that are involved in long-term care.Legal planning should include:
- Making plans for health care and long-term care
- Making plans for finances and property
- Naming another person to make decisions on behalf of the person with dementia.
WILLS
The last will and testament of an individual allows an individual to specify how his or her assets should be handled in the event of his or her death. The Will that an individual needs depends upon each individual’s life circumstance. Young children, blended families, finances, trust, etc. all play different roles in how a Will should be drawn. An interview is required to best decide what direction is best for any given set of variables.
MEDICARE/MEDICAID
Medicare is an insurance program that pays medical bills for people who are over 65 years old or who have disabilities. It is available to people who receive Social Security benefits regardless of how much money they have. It is operated by the Federal government and is paid for with money from the Social Security Trust Fund, which most people pay into while they work. Medicaid is state administered health care coverage for those who qualify often including children, pregnant women, and individuals with disabilities. For those who qualify, Medicaid also provides nursing home coverage.
SPECIAL NEEDS/ MILLER TRUST
Oftentimes, individuals with special physical or mental needs require extra planning for future care and financial needs. Such planning is often sought by their current caregiver (often a parent) in case they are no longer able to care for them. For example, a cognitive disability causes issues with regards to a number of areas that may require help from others managing finances, dealing with medical staff, and help with rehabilitation. A Special Needs or “Miller” trust is a tool sometimes used to protect the assets of a mentally or physically disabled individual while still allowing them to qualify for Medicaid for a nursing home. The trust can then be used to pay for “approved” expenses. A elder law attorney can assist with this planning.
