Elder Care Services
With more and more people joining the ranks of the Golden Coalition, issues
regarding Elder Care Services are becoming more prominent. Elder Care
Services encompass counseling and representing senior citizens, disabled
individuals, their families, and their advocates regarding healthcare and
long-term planning, public benefits, surrogate decision making, legal capacity,
and the disposition and administration of estates. It also includes
assistance and counseling regarding insurance, housing, employment, and
retirement. As a Florida Bar certified Elder Law Specialist, Donna Sobel
strives to address the following concerns: disability planning using
powers of attorney, trusts, and representative payees; healthcare decision
making using living wills and healthcare surrogate designations; housing options
including in-home care, adult day care, assisted living facilities, nursing
homes, hospice care, and continuing care retirement communites; paying for
long-term care; Medicaid asset protection planning; long-term care insurance
planning; bill paying and care management assistance; and trust administration.
Did You Know?
1. The US population over age 65 is expected to increase from 12.4% in
2000 to 19.6% in 2030.
2. The number of persons over age 65 is expected to grow from 35 million
in 2000 to 71 million in 2030.
3. The number of people over age 80 is expected to increase from 9.3
million in 2000 to 19.5 million in
2030.
4. In 2009, the average life expectancy is 78 years.
5. The worldwide life expectancy should grow by an additional 10 years by
2050.
6. The
Wall Street Journal has reported that the cost of long-term nursing
home care is rising at
4 times
the rate of inflation.
7. The average per day cost of a private room in a nursing home in Florida
is approximately $165 per
day, which equals $60,000 annually.
We Can Provide Help and Counseling When...
1. You are worried about how to pay for the assisted living or nursing
home bills for your spouse or
parent.
2. Your mother is forgetting your name and not eating well, and it is no
longer safe for her to live
alone. You have thought about selling her home.
3. Your loved one, who was severely disabled in an accident, is receiving
a settlement that will stop all
financial support he is receiving from the government.
4. Your parents have asked you to help with making decisions, but they
have no legal documents giving
you any authority.
5. You strongly suspect that your father's friend is stealing his money.
How Can We Help You?
At some point in our lives, most of us will be faced with the illness of a
spouse or aging parent. Ensuring the best care for your loved one is
critical. Yet, the fear of how to pay for that care can be overwhelming,
causing you to take no action at all. You do not have to be alone when
making these important decisions. Like the hundreds of clients before you, we will
help you understand all of your options for qualifying for Medicaid while protecting as
many assets as possible.
How Do I Apply?
In most cases, Medicaid eligibility can be obtained retroactively for up to
3 months. In fact, we often see avoidable mistaked made by applying too soon,
even if you think you meet Medicaid eligibility already. So please do not allow
anyone to apply for Medicaid until you have sought competent advice from an
attorney who specializes in Elder Law. In most cases, advance planning must be
done prior to submitting the Medicaid application. Our firm can help you
develop a comprehensive plan to meet Medicaid's spend-down requirements, while
protecting assets.
|
2009 Asset and Income Eligibility Levels* |
|
Recipient |
Spouse |
|
Assets |
Maximum:
$2000 |
Assets |
Maximum:
$109,560 |
|
Minimum: N/A |
Minimum: N/A |
|
Income |
Maximum:
$2,022/month |
Income |
Maximum:
Unlimited |
|
Minimum: N/A |
**Minimum:
$1,750/month |
* Effective January 1, 2009
*** For purposes of determining spousal diversion amount |
Will Medicaid Take My House Or Car?
A car of any value will not be counted as an asset. As for a home
which was previously exempt under the old law, the new Medicaid laws count a
homestead of greater than $500,000 in value as a countable asset, requiring
spend-down, in most cases.
If My Spouse Needs Medicaid, What Assets Can I Protect?
Assets exempt from Medicaid include: a prepaid burial plan and burial plot;
personal effects and furnishings; irrevocable prepaid funeral plan of any value,
and life insurance with cash value up to $2,500. Countable assets for the at
home spouse may equal $109,560, while the ill spouse may keep $2,000. While
most income of an ill person must be paid to the nursing home, an unlimited
amount of income belonging to the well spouse may be kept.
Does a Person On Medicaid Receive Substandard Care?
No, it is illegal for nursing care facilities to discriminate on the basis of how
a patient pays for his or
her care. Individuals qualified for Medicaid receive the same
care as private pay residents.
What if I Need Care, But Have Too Much Income?
In Florida, if an ill person's monthly income exceeds $2,022, Medicaid
eligibility will be denied without the use of an "Income Cap Trust." This
specialized trust holds the excess income and allows for the ill person to
obtain the needed Medicaid benefits.
What If My Spouse Needs Care, But I Have Only a Small Amount of Income on
Which to Live?
The law clearly allows for income to be diverted from the ill spouse to the
at home spouse so that his or her standard of living will be maintained.
There are minimum and maximum income levels set which may be diverted back to
the at home spouse.
Can I Give Away Assets?
Giving assets to your spouse is perfectly legal and no disqualifications or
penalties apply with regard to Medicaid eligibility. However, giving
assets away to a non-spouse within a lookback period creats disqualification
which may last for several months or years; this includes the $13,000 (as of
2009) per year allowed under the gift tax law.
Unlike the old Medicaid law which viewed gifts of smaller amounts of little consequence,
the new Medicaid law enacted in Florida on November 1, 2007 harshly penalizes
gifts of any amount of kind. As a part of our comprehensive Medicaid
spend-down plan, we will discuss the impact of any gifts you (or your spouse)
have made within the lookback period to your children, your church, or your
favorite charity. We will tell you whether you are currently disqualified
from receiving Medicaid; and if so, how to cure your disqualification, thereby
opening the door to immediate Medicaid eligibility.
Can I Protect My Assets With a "Medicaid Friendly Annuity?"
The new Medicaid law assesses a lengthy disqualification period for "balloon
annuities" heavily used prior to the new law. Under the new law, annuities
are allowed under limited circumstances and must name the State of Florida as
the primary beneficiary in most cases.