Archive for the ‘Other Elder Law Blogs’ Category

What Does the Bible Teach us About Estate Planning?

Monday, October 5th, 2009

Sorry for the last minute notice, but I just found out that my church, Fairfax United Methodist Church (10300 Stratford Avenue, Fairfax, VA  22030), has space left for a course I’m teaching tomorrow evening entitled What Does the Bible Teach us About Estate Planning?This is a brand-new two part course seminar that I’ve just put together as part of my church’s Paths of Faith educational outreach program.  

 

 Did you know there are hundreds of mentions of the word “inheritance” in the Bible, but there is very little information available to families seeking to plan and protect their estates.  Every person’s estate is different, and each estate plan must be designed to meet the needs of that family’s situation, but we should look not just to the law, but also to the Bible for direction in planning our estates and protecting our wealth (and not just our material wealth).

Part 1 of this course (tomorrow evening, October 6, from 7 to 8:30) will examine and summarize the Biblical perspectives on estate planning, elder law, and asset protection and explain what the Bible teaches us about these complex and ever-changing areas of the law. 

Part 2 of this course (next Tuesday evening, October 13, from 7 to 8:30) will examine how families, through the use of traditional and not-so-traditional estate planning tools, can legally and morally take the steps they need to plan and protect themselves, their families, and their estates, while glorifying God in the process. 

I’d love for you to attend if you’re able to make it, and bring your friends and family! Tuition for both sessions is $25.  To register, please call the church at 703-591-3120 ext. 105.  I hope to see you there!

Evan Farr Teaches Course for Elder Law Attorneys Natonwide

Sunday, September 20th, 2009

~You Can Sign Up for a Similar Course for Consumers~

Last Thursday, Evan Farr conducted a national, attorney-only teleconference sponsored by the National Business Institute (NBI) on the topic of the Income Only Trust — an asset protection trust which, though very similar to a revocable living trust, when done properly protects assets transferred to it after five years in connection with Medicaid.

Here’s an article written about Evan’s seminar and about the income-only trust: http://tinyurl.com/l3qc7q.

This is the 2nd national teleseminar that Evan Farr has done for NBI on this topic. Evan has also done a similar national teleseminar for ALI-ABA (American Law Institute – American Bar Association), in connection with two recent scholarly publications for the legal profession published by ALI-ABA, with Evan Farr as the lead author, entitled Planning and Defending Asset Protection Trusts and Trusts for Senior Citizens.

If you’d like to attend a similar seminar for consumers, we still have openings for our 2 lunch seminars this week — on Tuesday and Thursday at noon. To register, please click the link to the right or call 703-691-1888 and speak to Jeannie.

For more information about the Income Only Trust, and about Evan Farr’s Living Trust Plus™ Asset Protection Trust (which is Evan’s highly-developed and perfected Income Only Trust, used by dozens of attorneys across the country), please visit http://www.livingtrustplus.com.

Every day, our firm helps clients protect significant assets through the use of the Living Trust Plus™ Asset Protection Trust and still qualify for Medicaid. Our Firm specializes in Asset Protection and Estate Planning for clients concerned about the devastating expenses of long-term care. To begin the process, please call us today at 703-691-1888.

Keeping Mom and Dad Safe at Home

Thursday, September 17th, 2009

Elderly parents generally prefer to remain living in their own homes as long as possible. However, remaining in their homes becomes a concern when children see their parents slowing down or starting to have trouble with handling stairs and doing general daily activities.

This is the time to evaluate the home to make it safe and secure for your loved ones — now and in the near future — in anticipation of age-related disabilities that may occur. Help and support are available. The nation as a whole is more aware of elderly needs and services and products are becoming available at an accelerating pace.

The Bureau of Labor Statistics states:

“Employment of personal and home care aides is projected to grow by 51 percent between 2006 and 2016, which is much faster than the average for all occupations. The expected growth is due, in large part, to the projected rise in the number of elderly people, an age group that often has mounting health problems and that needs some assistance with daily activities.”

Bureau of labor Statistics – Occupational Outlook Handbook, 2008-09 Edition.

This growing need for aides and home services also includes related services such as:

• home remodeling services — making a home more serviceable to the elderly;
• safety alert systems and technology;
• motion sensors to monitor movement;
• telehealth services — using home-based computer systems to monitor vital signs;
• pill dispensers that notify when it is time to take medication.

If you have an aging parent still living at home, where do you begin to make sure your elderly family member is safe and managing well in his or her home?

Visit often and at different times of the day and night. Make note of daily activities that appear challenging and where changes might be made to add safety and convenience. Remove rugs that slide — creating a fall risk — and move furniture with sharp edges. Be sure smoke detectors and carbon monoxide detectors are in place.

Bathrooms can be a hazardous area for the elderly. Set the water heater at a lower temperature to protect skin from scalds and burns. Grab bars by the toilet and shower are a must to help prevent falls. Another important item is a shower stool or chair.

If you’re not sure what needs to be done, consider hiring a professional. There are dozens of Geriatric Care Managers in our area who can do a home safety evaluation and make recommendations. There are also home remodeling contractors that specialize in retrofitting homes to add special safety and convenience features for seniors so they can age in place. The National Association of Home Builders even bestow a CAPS designation to home remodeling companies that have met the criteria to become a Certified Aging in Place Specialist.

Home safety or medical alert companies provide GPS-based bracelets or pendants to track those who tend to wander – a common side-effect of Alzheimer’s disease. Numerous companies provide alarm devices such as pendants and bracelets that allow the elderly to alert someone if there has been a fall or a sudden health-related attack. In the event an alarm has been triggered, a 24-hour monitoring service will alert the family or medical emergency services or call a neighbor depending on previous instructions. In addition, there are companies that will install motion sensors in the home to monitor the elderly on a 24 hour basis.

Don’t forget your parents’ community as a valuable resource for helping them stay in their home. Many elders are able to stay in their homes longer with the help of their local senior services.
Neighbors, local church groups, senior centers and city centers are some places to look for assistance. Most of the time there is little or no cost for these services.

For Virginians, the easiest way to find senior assistance services is the the Senior Navigator at www.seniornavigator.com. A quick search of the word “home” in my zipcode results in numerous assistance services designed to help seniors stay in their homes, including:

• Home Delivered Meals: Meals for homebound persons sometimes called “meals on wheels”
• Home Health Care: Certified skilled nursing care such as IV therapy or wound management provided in the home and coordinated with a physician’s direction. Services may also include therapy for physical, occupational or speech improvements by certified therapists
• Home Modification & Safety: Modifications and repairs done to make homes safer and more accessible
• Medical Equipment and Supplies: Equipment and supplies for medical, functional and mobility needs
• Medication Management: Assistance with taking medications properly including assessments and reminders
• Chore Services: Programs that provide assistance in performing routine household and yard activities
• Assistive Technology: Also referred to as adaptive technology it includes programs, devices and resources that help individuals with disabilities
• Household Organizing: Services that provide or coordinate the organization of households items for an individual or family
• Companion Services: Services that assist adults in the community including telephone reassurance, friendly visitors and companionship
• Personal Care: In-home assistance with activities of daily living such bathing, grooming, toileting and mobility support that is provided by paraprofessionals. Food preparation & housekeeping services may or may not be provided by personal care assistants
• Geriatric Care Management: Assessment of needs and coordination of services for seniors provided by a social worker, certified geriatric care manager or other professional

A few thoughts on hiring home care aides or live-in care givers:

The classifieds are filled with people looking for work as aides to the elderly. Many of these aides are well-qualified, honest people who will do a good job; however, there will be some not so reputable. If you are looking to directly hire an individual, be sure you interview and check references and qualifications. You will also be responsible for scheduling that person and doing payroll and taxes and insurance, including worker’s compensation insurance in case the person is injured on the job, although there are tax services that can assist you with the required tax payments and filings. Be very sure you hire someone trustworthy, as the elderly often develop trust in these helpers beyond what they should, and therefore can easily be taken advantage of.

A professional home care service will eliminate most of these concerns. Professionally-provided aides are usually insured and bonded, and substitute aides can be provided in the event that the primary aide becomes unavailable. Home care companies take care of the scheduling and payment of their employees. Home care companies cater to the elderly in their homes by offering a variety of services.

These providers represent a rapidly growing trend to allow people needing help with long term care to remain in their home or in the community instead of going to a care facility. The services offered may include:

• companionship
• grooming and dressing
• recreational activities
• incontinent care
• handyman services
• teeth brushing
• medication reminders
• bathing or showering
• light housekeeping
• meal preparation
• respite for family caregivers
• errands and shopping
• reading email or letters
• overseeing home deliveries
• dealing with vendors
• transportation services
• changing linens
• laundry and ironing
• organizing closets
• care of house plants
• 24-hour emergency response
• family counseling
• phone call checks and much more.

Unfortunately, many people fail to think about the issue of long-term until an emergency occurs, at which point there may be fewer options for care and care in a facility may be the only choice. Additionally, as I mentioned in an article in July – Putting Home Care in Perspective – lack of significant wealth and lack of pre-planning means that most people do not have the luxury of remaining in their homes when the time comes.

Fortunately, Medicaid is available to pay for nursing home care to finish out the rest of their lives. Every day, our firm helps families with loves ones needing nursing home care protect significant assets and still qualify for Medicaid. Please call us if we can assist you or your family with your long-term care planning.

Putting Home Care in Perspective

Thursday, July 16th, 2009

The Evolution of Home Care

In the first century of our country’s history there was no such thing as nursing homes or assisted living. Society was mostly rural and people lived in their own homes. Families cared for their loved ones at home till death took them. In the latter part of the 1800’s because of an increasingly urban society, many urban families were often unable to care for loved ones because of lack of space or because all family members including children were employed six days a week for 12 hours a day. During this period many unfortunate people needing care were housed in County poor houses or in facilities for the mentally ill. Conditions were deplorable. In the early 1900’s home visiting nurses started reversing this trend of institutionalizing and allowed many care recipients to remain in their homes. Nursing homes or so-called rest homes were also being built with public donations or government funds. With the advent of Social Security in 1936, a nursing home per diem stipend was included in the Social Security retirement income and this government subsidy spurred the construction of nursing homes all across the country.

By the end of the 1950s it was apparent that Social Security beneficiaries were living longer and that the nursing home subsidy could eventually bankrupt Social Security. But in order to protect the thousands and thousands of existing nursing homes Congress had to find a way to provide a subsidy but remove it as an entitlement under Social Security. In 1965 Medicare and Medicaid were created through an amendment to the Social Security Act. Under Medicare, nursing homes were only reimbursed on behalf of Social Security beneficiaries for short-term rehabilitation. Under Medicaid, nursing homes were reimbursed for impoverished disabled Americans and impoverished aged Americans over the age of 65. It has never been the intent of Congress to pay for nursing home care for all Americans. The nursing home entitlement for all aged Americans was now gone.

Over the last 40 years, there has been a gradual change away from the use of nursing homes for long-term care towards the use of home care and community living arrangements that also provide in-house care.

With Proper Planning People Could Remain in Their Homes for the Rest of Their Lives
We are seeing a trend towards working conditions like those in urban America in the early 1900’s where both husband and wife are working and putting in longer hours. We are also seeing a return of the trend in the early part of the 20th century where outside visitor caregivers are becoming available to replace working caregiver’s and allow the elderly to receive long-term care in their homes. In addition there is a significant trend in the past few years for Medicaid and Medicare to pay for long-term care in the home instead of in nursing homes.

Given enough money for paid providers or government funding for the same, a person would never have to leave his home to receive long-term care. All services could be received in the home. Adequate long-term care planning or having substantial income can allow this to happen.

We only need to look at wealthy celebrities to recognize this fact. Christopher Reeve, the movie star, was totally disabled but he had enough money to buy care services and remain in his home. President Ronald Reagan suffered from Alzheimer’s for many years but received care at his California ranch. He was also wealthy enough to pay for care when needed. Or what about Annette Funicello or Richard Pryor? Income from their movie careers allowed them to receive care with their multiple sclerosis at home. We will be willing to bet that Mohammed Ali, who is severely disabled with Parkinson’s disease, will probably never see the inside of a care facility, unless he chooses to go there to die. With the proper planning and the money it provides, most of us could remain in our homes to receive long-term care and we would never have to go to an institution or a hospital.

The Popularity of Home Care
Most of those receiving long-term care and most caregivers prefer a home environment. Out of an estimated 8 million older Americans receiving care, about 5.4 million or 67% are in their own home or the home of a family member or friend. Most older people prefer their home over the unfamiliar proposition of living in a care facility. Family or friends attempt to accommodate the wishes of loved ones even though caregiving needs might warrant a different environment. Those needing care feel comfortable and secure in familiar surroundings and a home is usually the best setting for that support.

Often the decision to stay in the home is dictated by funds available. It is much cheaper for a wife to care for her husband at home than to pay out $2,000 to $4,000 a month for care in a facility. Likewise, it’s much less costly and more loving for a daughter to have her widowed mother move in to the daughter’s home than to liquidate mom’s assets and put her in a nursing home. Besides, taking care of our parents or spouses is an obligation most of us feel very strongly about.

For many long-term care recipients the home is an ideal environment. These people may be confined to the home but continue to lead active lives engaging in church service, entertaining grandchildren, writing histories, corresponding, pursuing hobbies or doing handwork activities. Their care needs might not be that demanding and might include occasional help with house cleaning and shopping as well as help with getting out of bed, dressing and bathing. Most of the time these people don’t need the supervision of a 24/7 caregiver. There are, however, some care situations that make it difficult to provide long-term care in the home.

Please note from the first set of numbers below that a great amount of home care revolves around providing help with activities of daily living. Note from the second group of numbers that the average care recipient has need for help with multiple activities of daily living. Finally, it should be noted from the second group that well over half of home care recipients are cognitively impaired. This typically means they need supervision to make sure they are not a danger to themselves or to others. In many cases, this supervision may be required on a 24-hour basis.

The following numbers were derived from the 1999 national caregivers survey:

Percent of Elderly Home Care Recipients Needing Help With Selected Activities of Daily Living:

Bathing 42%

Dressing 37%

Transferring 32%

Doing Light House Work 22%

Toileting 21%

Medication Reminders 19%

Preparing Meals 12%

Eating 11%

Shopping 6%

Using the Phone 2%

Managing Money 1%

Functional and Cognitive Impairments of Care Recipients as Reported by Their Informal Caregivers:

0 to 2 Activities of Daily Living (ADL) Limitations = 40%

3 to 4 ADL Limitations = 30%

5 to 6 ADL Limitations = 30%

Percent of Recipients with Cognitive Impairment = 54%

It is precisely the ongoing and escalating need for help with activities of daily living or the need for extended supervision that often makes it impossible for a caregiver to provide help in the home. Either the physical demands for help with activities of daily living or the time demand for supervision can overwhelm an informal caregiver. This untenable situation usually leads to finding another care setting for the loved one. On the other hand if there are funds to hire paid providers to come into the home, there would be no need for finding another care setting.

Problems That May Prevent Home Care from Being an Option
Caregivers face many challenges providing care at home. A wife caring for her husband may risk injury trying to move him or help him bathe or use the toilet. Another situation may be the challenge of keeping constant surveillance on a spouse with advanced dementia. Or a son may live 500 miles from his disabled parents and find himself constantly traveling to and from his home, trying to manage a job and his own family as well taking care of the parents. Some caregivers simply don’t have the time to watch over loved ones and those needing care are sometimes neglected.

The problems with maintaining home care are mainly due to the inadequacies or lack of resources with informal caregivers, but they may also be caused by incompetent formal caregivers. These problems center on five issues:

• Inadequate care provided to a loved one

• Lack of training for caregivers

• Lack of social stimulation for care recipients

• Informal caregivers unable to handle the challenge

• Depression and physical ailments from caregiver burnout

In order to make sure home care is a feasible option and can be sustained for a period of time, caregivers must recognize these problems, deal with them and correct them. The responsibility for recognizing these problems and solving them is another function of the long-term care planning process and the team of specialists and advisers involved, such as the Farr Law Firm.

Adequate Funding Solves Most Problems Associated with Providing Home Care
None of the problems discussed in this article would be an obstacle if there were enough money to pay for professional services in the home. These services would be used to overcome the problems discussed in the previous section. If someone desires to remain in the home the rest of his or her life and is not extremely wealthy, adequate pre-planning can often provide the solution.

Such pre-planning involves asset protection, and should ideally be done as early as possible. One type of asset protection is to purchase a long-term care insurance policy when you are still healthy and able to afford the premiums, being sure to get a policy with a good home care benefit. There is also significant financial assistance available in the form of the Veteran’s Aid and Attendance benefit for qualified veterans. If long-term care insurance is not an option and Veteran’s Aid and Attendance is not available, another possible option is to put money aside to pay for home care in the future. If putting money aside, you should consider putting it in a special type of irrevocable asset protection trust called the Living Trust Plus™, that is designed to protect assets from probate and from the expenses of long-term care. If Medicaid assistance is needed to pay for future long-term care, whether at home or in a nursing facility, the assets in the Living Trust Plus™ Asset Protection Trust will be exempt assets for Medicaid eligibility and will not be counted against you.

Unfortunately, not enough people think about the issue of needing long-term care when they are older. This lack of planning leads to fewer options for elder care when the time comes. Lack of significant wealth and lack of pre-planning means that most people do not have the luxury of remaining in their homes when the time comes. Fortunately, Medicaid is available to pay for nursing home care to finish out the rest of their lives. Every day, the Farr Law Firm helps clients needing nursing home care protect significant assets and still qualify for Medicaid when needed.

Update on Virginia Life Estate Law

Wednesday, July 8th, 2009

In June of last year, I wrote that “in the near future, life estates will no longer be considered exempt assets when applying for Medicaid.” This was due to the fact that the Virginia General Assembly had recently passed legislation instructing DMAS (the Department of Medical Assistance Services, the agency that oversees the Virginia Medicaid program) to amend the State Medicaid Plan to consider all life estates as countable resources in the determination of Medicaid eligibility. After my column, the new change in Medicaid policy did indeed go into effect. However, since then, the policy has been changed yet again. This article will summarize the changes in the life estate law and explain the current Virginia Medicaid policy.

Life Estate Rule Made More Restrictive
Prior to August 2008, the Virginia Medicaid State Plan treated life estates in real property as exempt resources, meaning that the ownership of a life estate did not affect Medicaid eligibility. Effective August 28, 2008, the aforementioned change in Medicaid policy made life estates created after that date countable resources under most situations, though subject to the same exclusions that apply to other residential real estate (e.g. the home subject to the life estate would be exempt if the Medicaid Applicant, or a spouse or dependent child, was living in the home or the Medicaid Applicant was using “reasonable efforts” to sell the property interest, or during the first 6 months of institutionalization provided the Medicaid Applicant intended to return home).

The American Recovery and Reinvestment Act of 2009 (Recovery Act) that President Obama signed into law on February 17, 2009 provided increased federal funding for state Medicaid programs. To be eligible for the enhanced federal financing, states may not have eligibility standards, methods or procedures in place that are more restrictive than those effective on July 1, 2008. States that implemented more restrictive policies after July 1, 2008 had until July 1, 2009 to reverse these restrictions to receive the increased funding.

More Restrictive Life Estate Rule Rescinded
The August 28, 2008 change in Virginia Medicaid policy regarding life estates created a more restrictive eligibility standard than was in existence in Virginia on July 1, 2008. Therefore, in order for Virginia to qualify for the increased federal funding, the more restrictive life estate policy needed to be reversed. As of May 15, 2009, the more restrictive life estate policy was rescinded. Accordingly, we now have two diferrent Medicaid rules for life estates, depending on the date that the life estate was created:

* As a general rule, life estates created prior to August 28, 2008, or on or after February 24, 2009, are considered exempt assets.
* Life estates created on or after August 28, 2008, but before February 24, 2009, are treated in the same manner as other real property, subject to any applicable residential real property exclusions as mentioned above.

How Can Life Estates Now Be Used in Medicaid Asset Protection Planning?
Life estates have been used throughout Virginia history for many different purposes – Medicaid asset protection planning, estate planning, probate avoidance, and tax planning.

One asset protection strategy involves a parent purchasing a life estate in the home of a child. This strategy is specifically allowed by Medicaid under current law so long as the parent actually resides in the home for at least a year after the purchase of the life estate.

Another planning strategy involves the sale of real estate to a child, coupled with the retention of a life estate. This allows the parent to effectively sell the home for a discounted value, retain the lifetime right to live in the home, and avoid probate, while also preserving a step-up in basis for capital gains purposes on the death of the parent.

A third planning strategy involves the gift of real estate to a child, coupled with a retained life estate. Although this gift will trigger a period of Medicaid ineligibility if application for Medicaid is made within five years of the transfer, because the value of the remainder interest is lower than the full value of the entire piece of real estate, a gift of a remainder interest results in a shorter Medicaid penalty period than a transfer of the entire house.

A parent retaining a life estate in a home that is being sold or gifted to a child has several advantages:

1) The parent continues to qualify for any property tax exemptions such as senior citizens exemptions that were available prior to the transfer.
2) The parent retains the legal right to live in the property.
3) The parent retains the legal ability to obtain a reverse mortgage (with the agreement of the remainder beneficiary).
4) The child receives a stepped-up basis for capital gains tax purposes.

Life Estate transactions, and the financial and life expectency calculations that must be made in connection with these transactions, are extremely complicated and must be done pursuant to the applicable Medicaid regulations. It is essential that these types of transactions be done under the direct supervision of an experienced Elder Law firm such as the Farr Law Firm.

Government Program Pays Family Members for Taking Care of Mom and Dad

Thursday, June 4th, 2009

Looking for a way to help Mom and Dad pay for Home care or assisted living? Perhaps you are their caregiver. Wouldn’t it be nice to receive some extra income to help you provide their care? There is financial help available for senior Veterans and their spouses.

For Veterans who served during a time of war or for their surviving spouses, the Veterans Aid & Attendance Benefit will pay additional income to cover long-term care costs. The great news about this program is that VA will allow Veterans’ households to include the annual cost of paying any person such as family members, friends or hired help for care when calculating the Pension benefit.

The pension can provide an additional monthly income of up to $1,949 a month for a couple, $1,644 a month for a single Veteran or $1,056 a month for a single surviving spouse of a Veteran. This money can be used to help pay the cost of home care, adult day services, assisted living or nursing home services.

In order to reduce income to meet the income test for pension, a rating for “aid and attendance” or “housebound” is crucial. Not only does the rating significantly increase the benefit amount but without a rating, room and board costs for assisted living are not deductible for purposes of reducing income. Only the much smaller assisted living medical costs are deductible.

For home care, non-medical costs are only deductible if the in-home attendant is licensed for healthcare in that state or if there is a rating. Since the non-medical costs for home care represent the bulk of all costs for long-term care at home, without a rating, those households with a non-licensed attendant would not qualify for the benefit. Examples of medical or nursing services at home would be help with activities of daily living such as dressing, bathing, toileting, ambulating, feeding, diapering and so on. Other services might include medication reminders or supervision necessary to provide a protective environment for the care recipient — in the case of dementia or Alzheimer’s.

A rating for aid and attendance is automatic if someone is a patient in a nursing home or that person is blind or so nearly blind as to need assistance.

A non-licensed in-home attendant can be just about anyone receiving pay for providing services. This might be members of the family, friends, or someone hired to live in the home. Unfortunately, a spouse cannot be included in this list for reimbursable caregivers.

For a disabled person who has been rated, a family member will be considered an in-home attendant, but that family member has to be paid for services duly rendered. Documentation for this care must be provided to VA, and such arrangements must be extensively documented to prove they are legitimate.

The care arrangements and payment for home care must be made prior to application and there must be evidence that this care is needed on an ongoing and regular basis. For our clients, I recommend a formal care contract and monthly invoice billing for services. Money must exchange hands, appropriate taxes must be paid, and there must be evidence of this. All of this documentation must be provided as proof to VA when making application for the benefit. Costs for these services must be unreimbursed; meaning these costs are not paid by insurance, by contributions from the family or from other sources. Even though the family member being paid for services cannot reimburse the Veteran household directly, the family may pay the bills for the Veteran household. This indirect form of support is allowed.

There is an application form to be submitted, along with a doctor’s report form, documentation of medical expenses and payment of home care services or facility fees. Other documentation includes original discharge papers, marriage records if applicable and a death certificate where applicable. An inventory of all sources of household income and all household cash equivalent assets is also required. Providing complete documentation with the initial application will expedite a rating and approval for pension payment.

Accredited Attorney
Evan H. Farr is an Accredited Attorney with the U.S. Dept. of Veterans Affairs. The Farr Law Firm is an Elder Law and Estate Planning Firm that also specializes in helping Veterans and their spouses obtain the financial assistance to which they are entitled. If you are a Veteran or spouse of a Veteran and you need assistance in your home, or are living in or considering moving into an Assisted Living Facility or Continuing Care Retirement Community, please contact us to see if you might qualify for the Veterans Aid and Attendance Special Pension Benefit or the Veterans Housebound Special Pension Benefit.

Too Soon Old

Wednesday, May 20th, 2009

A very touching poem has been winging its way across the Internet for a couple of years now, but I just recently read it for the first time. Often entitled “Crabby Old Man,” you may have already seen it, but it’s worth another read.

As the story goes . . . when an old man died in the geriatric ward of a nursing home, it was believed that he had left nothing of any value. Later, when the nurses were going through his meager possessions, they found this poem. Its quality and content so impressed the staff, that copies were made and distributed to every nurse in the hospital. And this crabby old man, with nothing left to give to the world, is now the author of this “anonymous” poem that has touched hundreds of thousands, if not millions of people across the country and the world.

It is good to remember this poem whenever you meet an older person who you might otherwise brush aside. Remember that they have a young soul within.

Crabby Old Man

What do you see nurses? . . . What do you see?
What are you thinking . . . when you’re looking at me?
A crabby old man, . . . not very wise,
Uncertain of habit . . . with faraway eyes?

Who dribbles his food . . . and makes no reply
When you say in a loud voice . . . ‘I do wish you’d try!’
Who seems not to notice . . . the things that you do.
And forever is losing . . . A sock or shoe?

Who, resisting or not . . . lets you do as you will,
With bathing and feeding . . . The long day to fill?
Is that what you’re thinking? . . . Is that what you see?
Then open your eyes, nurse . . . you’re not looking at me.

I’ll tell you who I am, . . . as I sit here so still,
As I do at your bidding, . . . as I eat at your will
I’m a small child of Ten . . . with a father and mother,
Brothers and sisters . . . who love one another

A young boy of Sixteen . . . with wings on his feet
Dreaming that soon now . . . a lover he’ll meet.
A groom soon at Twenty . . . My heart gives a leap.
Remembering the vows . . . that I promised to keep.

At Twenty-Five, now . . . I have young of my own.
Who need me to guide . . . And a secure happy home.
A man of Thirty . . . My young now grown fast,
Bound to each other . . . With ties that should last.

At Forty, my young sons . . . have grown and are gone,
But my woman’s beside me . . . to see I don’t mourn.
At Fifty, once more, . . . Babies play ’round my knee,
Again, we know children . . . My loved one and me.

Dark days are upon me . . . My wife is now dead.
I look at the future . . . I shudder with dread.
For my young are all rearing . . . young of their own.
And I think of the years . . . And the love that I’ve known.

I’m now an old man . . . and nature is cruel.
Tis jest to make old age . . . look like a fool.
The body, it crumbles . . . grace and vigor depart.
There is now a stone . . . where I once had a heart.

But inside this old carcass . . . A young guy still dwells,
And now and again . . . my battered heart swells
I remember the joys . . . I remember the pain.
And I’m loving and living . . . life over again.

I think of the years. all too few . . . gone too fast.
And accept the stark fact . . . that nothing can last.
So open your eyes, people . . . open and see..
Not a crabby old man, look closer . . . see . . . ME!!

In actuality, according to the Website www.TruthOrFiction.com, this poem is entitled Too Soon Old and was written over 20 years ago by a gentleman named Dave Griffith of Fort Worth, Texas. Regardless of the source, this poem is a touching reminder of why I and my fellow Elder Law attorneys, and all senior-serving professionals, work hard every day to help our clients — our country’s elders – maintain their dignity and quality of life at a time when much of the world dismisses them.

The Farr Law Firm specializes in helping elders maintain their dignity and quality of life. If you have a loved one in a nursing home or nearing the need for such care, please let us help.

Planning for Long-Term Care (Part 3)

Thursday, February 26th, 2009

In Part 1 of this series I outlined the necessity to create a good Long Term Care Plan and in Part 2 I discussed the three most essential documents found in that plan.

The first essential document is a General Power of Attorney (POA) containing Asset Protection Powers. This document authorizes your “Agent” to act on your behalf and to sign your name to legal and financial documents. The Asset Protection powers contained therein enable your agent to do Medicaid Asset Protection if you have not already begun this process. The second essential document is an Advance Medical Directive (AMD) containing a Long-Term Care Directive. This document authorizes your “Medical Agent” to make decisions with respect to your medical care. Both the POA and AMD authorize your agents to intervene in the event that you are physically or mentally unable to do so. The third essential document is an Advance Care Plan that identifies and details your specific needs, desires and habits for your future caregiver so that you will receive long-term care uniquely tailored to you.

As explained in Part 2, a good Long-Term Care Plan will also typically a Living Trust – either a Revocable Living Trust (RLT) or an Irrevocable Income-Only Trust (IOT). If you become incapacitated, an RLT can provide management of your assets by your trustee similar to a POA. However, as was noted, an RLT does not protect your assets from the expenses of long-term care. An IOT, which will be discussed in detail in Part 4, is a tool that protects you not only from probate, as an RLT does, but also from the expenses of long-term care.

Part 3 will now discuss using long-term care insurance as part of a Long-Term Care Plan.

Virginia’s Qualified State Long-Term Care Insurance Partnership
Virginia’s Long-Term Care Insurance Partnership Program, which became effective on September 1, 2007, allows consumers to obtain Long-Term Care Insurance as part of a Long-Term Care Plan andas part of a Medicaid Asset Protection Plan. This program allows individuals obtaining Partnership-qualified policies to protect assets that otherwise might have to be paid to a nursing home prior to obtaining eligibility for Medicaid benefits. A Partnership-qualified policy enables policyholders to protect one dollar of personal assets for every dollar the policy pays out in benefits.

One of the main purposes of this Long-Term Care Insurance Partnership Program is to offer government-endorsed “Medicaid Asset Protection” to consumers who buy long-term care insurance, enabling these consumers to protect an additional dollar amount of personal assets while still remaining eligible to apply for Medicaid coverage of long-term care. The amount protected with a Partnership-qualified policy will be equal to the sum of all benefits paid under the Partnership-qualified policy when the applicant seeks to qualify for Medicaid. The total amount of assets that a policyholder may protect as a result of a Partnership-qualified policy is above and beyond the basic allowances that a client and a client’s spouse may keep under the basic rules of the Medicaid program.

Benefits of Partnership LTC Insurance
Long-term care insurance was, and is (especially in light of Virginia’s Long-Term Care Insurance Partnership Program), one of the best ways to provide for you future long-term care needs. With the baby boomers facing projected federal deficits, reductions in Medicaid spending, as well as rapidly rising health care costs, it is clear that alternative methods of financing long-term care support are critical. Long-term care insurance is preferred not just by consumers, but by the Commonwealth of Virginia and by the Federal Government because it is often the only option that can help keep clients out of the nursing home — by paying for home care. We’ve had many clients over the years who were forced to spend their final days in a facility simply because they ran out of money to pay for home health aides.

Elder Law Considerations
When shopping for a long-term care insurance policy, it is crucial to consider carefully the entire financial situation of both spouses and to consider the possible alternative of not purchasing long-term care insurance. Failure to consider these issues can result in purchasing too little coverage, which can actually be worse than purchasing no coverage at all.

For example, consider Joe and Linda, a married couple, facing Joe’s nursing home costs of $7,500 per month (a few hundred dollars lower than the average cost in Northern Virginia). Joe has $2,000 in monthly retirement income, as well as a long-term care insurance policy with a monthly benefit of $6,000 (based on a daily benefit of $200). Linda’s only income is Social Security of $700 per month. At first glance, the couple seems better off with the long-term care policy; they have an extra $6,000 per month, without which they could not afford the nursing home. They can pay for Joe’s nursing home and have an extra $500 per month to put towards Linda’s monthly expenses. Unfortunately, Linda’s regular expenses are approximately $2,400 per month, so with only $1,200 per month of income she is unable to make ends meet. Joe is not eligible for Medicaid assistance because his income (including the long-term care insurance benefit) is greater than the nursing home bill. In this example, Joe’s long-term care insurance policy does not provide enough of a benefit to allow Linda to have sufficient income to meet her needs. If Joe’s long-term care insurance policy provided a $7,500 monthly benefit ($250 per day instead of $150), all of Joe’s retirement income would be available for Linda’s monthly expenses, so Linda would still have enough income to live on.

If Joe and Linda had recognized this shortfall and decided to not purchase the long-term care insurance, or if they could not afford the increased premiums for the increased monthly benefit, they could instead use Medicaid assistance to help pay for Joe’s nursing home costs. Most of Joe’s $2,000 per month of income would normally be required to pay the nursing home expenses; Linda would keep her $700 per month. However, because Linda’s income is so low, the Medicaid rules would allow Linda to receive part of Joe’s income to help her with her monthly living expenses. Linda could receive a monthly maintenance needs allowance of up to $2,610, (including her income) which includes allowances for housing and utilities. Therefore, in this case, Joe and Linda would have the nursing home costs paid, and Linda would have $2,610 monthly for her support – more than enough for her regular needs.

The bottom line? Be sure to buy enough coverage, and be sure to buy it for the right spouse. It doesn’t make sense to pay insurance premiums and then be bankrupted by nursing home fees anyway because of insufficient coverage. As with other medical expenses, the inflation rate in nursing home fees is currently quite high. In 10 years, the cost of the nursing homes, at the current rate of inflation, will be about twice what it is today.

How Much Coverage Do You Need?
On average, someone age 65 today will need long-term care services for three years. Women need care for longer (on average 3.7 years) than do men (on average 2.2 years). Although twenty percent of today’s 65-year-olds will need care for more than five years, I don’t recommend anyone purchasing more than five years of long-term care insurance, because after moving to a nursing home, your family can commence the process of Medicaid Asset Protection so long as you have a good Long-Term Care Plan in place.

Purchasing Long-Term Care Insurance
Lifecare Financial Services, LLC is a Virginia insurance brokerage co-owned by Evan Farr and specializing in Medicaid-Friendly Long-Term Care Insurance (i.e., Partnership Qualified) and Medicaid-Friendly Annuities. Lifecare Financial is dedicated to assisting and supporting not just consumers, but also Elder Law and Trust & Estate attorneys with clients in Virginia who face the challenges of assisting their clients as they plan for long-term care.

Lifecare Financial offers a unique value proposition to referring attorneys and other professionals because it only works with the top financially rated companies for long-term care insurance and annuities. Referring professionals can be confident in knowing that the insurance products recommended by Lifecare Financial have been thoroughly vetted for financial strength, stability, and measurable experience in their relevant product line. For further information about Lifecare Financial, call 703-691-1888.

How Do I Know The LTC Insurance Company Won’t Go Bankrupt?
You don’t, and that’s why it’s important to deal only with top-rated companies. For your protection, it is the policy of Lifecare Financial Services, LLC to work only with insurance companies that have a Comdex Rating (a rating that combines the ratings from all of the top rating agencies) of at least 95%.

Conclusion
A good Long-Term Care Plan may or may not include long-term care insurance. As you make your decision, it is prudent to seek the advice of a Certified Elder Law Attorney. The Farr Law Firm can help guide you through the considerations of whether or not long-term care insurance makes sense for your Long-Term Care Plan.

A Roundup of Key Elder Law Numbers for 2009

Friday, January 16th, 2009

Below are figures for 2009 that are frequently used in the elder law practice, including the new Medicaid spousal impoverishment figures and the long-term care insurance deductibility limits.

Medicaid Spousal Impoverishment Figures for 2009
The minimum community spouse resource allowances (CSRA) is $21,912 and the new maximum is $109,560. The new maximum monthly maintenance needs allowance is $2,739. The minimum monthly maintenance needs allowance remains $1,750 until July 1, 2009.

These new figures, effective January 1, 2009, reflect an increase in the Consumer Price Index (CPI) of 4.9 percent from September 2007 to September 2008.

Annual Gift Tax Exclusion Rises to $13,000
The annual gift tax exclusion will increase from $12,000 to $13,000 effective January 1, 2009, the Internal Revenue Service (IRS) has announced.
Long-Term Care Premium Deductibility Limits for 2009
The Internal Revenue Service has announced the 2009 limitations on the deductibility of long-term care insurance premiums from taxes. Any premium amounts above these limits are not considered to be a medical expense.

Attained age before the close of the taxable year

Maximum deduction

40 or less

$320

More than 40 but not more than 50

$600

More than 50 but not more than 60

$1,190

More than 60 but not more than 70

$3,180

More than 70

$3,980

Benefits from per diem or indemnity policies, which pay a predetermined amount each day, are not included in income except amounts that exceed the beneficiary’s total qualified long-term care expenses or $280 per day (for 2009), whichever is greater.

For details from the American Association for Long-Term Care Insurance, click here.

Medicare Premiums, Deductibles and Copayments for 2009

- Basic Part B premium: $96.40/month (unchanged)
- Part B deductible: $135 (unchanged)
- Part A deductible: $1,068 (was $1,024)
- Co-payment for hospital stay days 61-90: $267/day (was $256)
- Co-payment for hospital stay days 91 and beyond: $534/day (was $512)
- Skilled nursing facility co-payment, days 21-100: $133.50/day (was $128)

Premiums for higher-income beneficiaries:

- Individuals with annual incomes between $85,000 and $107,000 and married couples with annual incomes between $170,000 and $214,000 in 2009 will pay a monthly premium of $134.90.
- Individuals with annual incomes between $107,000 and $160,000 and married couples with annual incomes between $214,000 and $320,000 in 2009 will pay a monthly premium of $192.70.
- Individuals with annual incomes between $160,000 and $213,000 and married couples with annual incomes between $320,000 and $426,000 in 2009 will pay a monthly premium of $250.50.
- Individuals with annual incomes of $213,000 or more and married couples with annual incomes of $426,000 or more in 2009 will pay a monthly premium of $308.30.

Rates differ for beneficiaries who are married but file a separate tax return from their spouse:

- Those with incomes between $85,000 and $128,000 will pay a monthly premium of $250.50.
- Those with incomes greater than $128,000 will pay a monthly premium of $308.30.

For more information, click here.

Social Security Benefits for 2009

- Cost of Living Increase: 5.8 percent
- Estimated Average Monthly Social Security Benefit Payable in January 2009: $1,153
- Maximum Taxable Earnings: $106,800
- Maximum Social Security Benefit: $2,323/mo.

Retirement Earnings Test Exempt Amounts:

- Under full retirement age: $14,160/yr.
- The year an individual reaches full retirement age: $37,680/yr.

SSI Federal Payment Standard:

- Individual: $674/mo.
- Couple: $1,011/mo

For further information on understanding these figures and how they will affect your unique situation, please do not hesitate to contact The Farr Law Firm today.

Elder Mediation Resolves Family Conflicts

Thursday, December 4th, 2008

“My daughter is insisting I move in with her,” complains Martha. “She just wants to control my life and take away my freedom,” she continues.

Jenny, Martha’s daughter, worries that her mother keeps falling, and fears one day she will break her hip or hit her head.

“I’ll take my sister to court before I will let her get control of mom and my inheritance,” exclaims Jim about Jenny’s desire to move her mother in with her.

It is amazing how quickly formerly cordial relationships between family members can sour when the family has to deal with the care of elderly parents or inheritance at their death. Sometimes the consequence of dealing with the final years of elderly parents can break families apart and create long-lasting animosity.

A lot of times it is a “she said, he said” situation with neither party really understanding what the elder person needs or wants.

Some families find it hard to communicate with each other when their parent is in need of care. Perhaps when they grew up together they were not accustomed to come together as parents and children to work out problems. And now those children are older and taking care of parents and they don’t have this family council strategy to rely on. It may seem unnatural to them. But that is often exactly what is needed, especially in situations where perhaps one child is caring for the parents and the others are left out of the loop.

Children all have a common bond to their parents and, as a result, a common obligation or responsibility to each other. When disagreements arise, suspicions begin to grow. Suspicions or distrust often lead to anger and the anger often leads to severing the channels of communication between family members. This can occur between parent and child or between siblings or between all of them.

It is often at this point that a neutral third party can come in and repair the damage that has been done and help correct the problems that have come about because of the disagreement.

A practitioner experienced in elder mediation is a perfect choice for solving disagreements due to issues with the elderly.

WHAT IS ELDER MEDIATION?

Mediation is a non-adversarial approach to solving disputes. Mediation is a process of bringing two or more disputing parties together and having them mutually negotiate a solution that is acceptable to everyone involved. The mediator is not a judge and does not render a decision but is there to make sure that communication flows freely between the parties. Elder Mediators are trained in the art of negotiating resolutions between elderly parents and family members.

Mediation can achieve results that the family by itself may not be capable of realizing or have the expertise of achieving. Here are some reasons why Elder Mediation can be so valuable.

- A trained expert on communication gives the family a perspective it could not gain by meeting together on its own;
- All family members involved meet and prevent problems from arising by anticipating situations that may cause disputes;
- A mediator can invite experts such as care managers or other care providers into the meeting to educate the family and provide a new perspective;
- Parents can focus on their abilities rather than their limitations;
- Children can come up with and consider options not thought of previously;
- Uninvolved family members are encouraged to become involved;
- Parents are encouraged to express wishes and desires that may have previously gone unuttered;
- A mediator can challenge family members in a non-threatening manner and make them take responsibility for their actions;
- Mediation promotes consensus of all involved which creates a much higher rate of compliance with the plan than with any other process;
- Mediation requires a written plan with specific responsibilities which makes compliance feasible.

 There are many mediators in Virginia providing expertise in “Elder Mediation” to help seniors and their families. You will also find that a mediator may have a helpful professional accreditation such as Geriatric Care Manager, Certified Elder Law Attorney, Clinical Social Worker, or Certified Mediator.

In choosing a mediator, consider the needs of the family. Is there a need for a medical assessment to determine the type of care? Are legal concerns with inheritance or family business or power of attorney the main need? Perhaps just bringing the family together to communicate on what needs to be done and who will do it is the agenda for now.

In one case, after months of dispute with her parents over their health and safety issues, a daughter enlisted the service of a professional care manager mediator.

“Bringing a neutral person with a professional and compassionate attitude into our disputes was the best thing for all involved,” the daughter recalled. “My parents shared their concerns and listened with acceptance to mine. All of a sudden we could communicate and work out a plan that they could live with and I could relax knowing they were safe.”

We at the Farr Law Firm would be happy to assist you with further questions, and we’re happy to offer referrals to professionals who can provide your family with appropriate Elder Mediation.