Medicaid Law; Making it Hard for Men to Enter a Nursing Home

Recent studies prove that it is a lot harder for a man to find a bed in a nursing home than it is for a woman because of Medicaid law. Most people just don’t think about problems like this coming up when Medicaid Planning.

Nursing Home Population; Elder Law Attorney’s Cohen and Oalican, LLC.

Like the elderly population itself, nursing home residents are mostly female. An Elder Law report in 2010 stated that two-thirds of nursing home residents are women. The problem with that for men is: Medicaid will ONLY cover semiprivate rooms in a nursing home, so since a man can’t bunk with a woman, men are forced to wait for a bed to open up in another man’s room.

Family’s Search for Other Nursing Home Options

These numbers are definitely something you can’t dispute, but they definitely make an already hard process even more difficult. Someone who is leaving from their own home can probably wait for a bed, but what about somebody who’s leaving a hospital or a rehab? You then might have to settle for a place far away from the family or something not as nice as you’d prefer.

Attorneys Cohen and Oalican specialize in Elder Law; where protecting your assets and your dignity is their core mission.

Is Your Spouse Entitled to Your Social Security Retirement Benefits?

Social Security will provide your retirement benefits to your spouse, ex-spouse or surviving spouse in certain circumstances. Here is a breakdown of the circumstances where the spouse would be eligible to collect Social Security benefits:

• If the marriage lasted 10 years your spouse would be entitled to your Social Security benefits
• You must be at full retirement age for your spouse to collect
• Your spouse must have filed for Social Security Benefits for themselves

Social Security will automatically pay your spouse a larger benefit if he/she could receive more based on their own earnings. Your spouse can also elect to take your benefits first before taking their own.

Social Security Benefits for an Ex-Spouse; Elder Law Attorneys Cohen and Oalican, LLC.

Your ex-spouse is entitled to half of your retirement benefits as long as you were married for over 10 years. An ex-spouse can receive benefits before you have even applied for Social Security benefits, unlike your current spouse.

Social Security Benefits of a Surviving Spouse

Your spouse is entitled to your full benefits if they are at full retirement age. Even if you were divorced before you deceased your spouse is still entitled your retirement benefits if you were married for more than 10 years. If your spouse is over 60 but below retirement age, they will receive a reduced amount. If they are under 60 they will only be able to receive benefits for special circumstances such as caring for a disabled child or if they are disabled themselves.

Attorneys Cohen & Oalican specialize in Elder Law; where protecting your assets and your dignity is their core mission.

Millions still working at 70 years old

Medicaid planning is getting more and more difficult these days. Millions of Americans are working a lot longer than their 63rd birthday (the average age Americans claim benefits). The truth is: Social Security benefits are not made to last as long as people are living, as life expectancy is getting longer.

Elderly worker percentages growing fast; no early retirement

Your early retirement is becoming a thing of the past. Erma Paliani finally retires at 92. "I didn’t expect to work this long,” Paliani says, who worked as a secretary for the government for 67 years. (Carole Fleck - AARP Bulletin) The percentage of people over 65 that are still working is growing faster than any other age groups.

Proper estate planning; Elder Law Attorneys Cohen and Oalican, LLC.

The best way to avoid this situation yourself is by proper estate planning. Durable powers of attorney are a critical piece of any estate plan. They will make financial decisions on your behalf if you were to become ill or incapacitated. Elder Law Attorneys Cohen and Oalican can advise you on how to choose an agent and how best to draft your power of attorney.