Medicaid Planning 101: Trusts

Revocable trusts are considered as assets that cannot be transferred without being counted towards your Medicaid eligibility. Irrevocable trusts are trusts that cannot be changed. Therefore you will not be penalized if you were to include irrevocable trusts into your Medicaid planning.

Testamentary Trusts; Cohen & Oalican LLP, Boston, Raynham and Andover Massachusetts

Testamentary trusts are a great way for community spouses to leave assets to their surviving spouse that is in a nursing home. The assets can be used for estate planning for certain things that are not covered by Medicaid, including specialists, therapy, legal fees or transfers to a different nursing home.

Income-only Trusts; Elder Law

Income-only trusts are used for just that; income. This trust is made so it will pay an income to you for the rest of your life. When you die the rest of your assets will be transferred to your beneficiaries. These funds are protected and are not counted as assets. If you do end up going to a nursing home the income will go to the nursing home to pay for your stay.

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

Medicaid Planning 101: Transferring Assets

Last week in part one of Medicaid Planning 101, we briefly explained that it is possible to transfer assets in advance so that you could protect them. This article will go more in depth of how this can be done.

Remember: you should always talk with an Elder Law Attorney before you make any estate planning decisions.

Medicaid Eligibility; Elder Law Attorneys Cohen & Oalican, Boston, Raynham and Andover Massachusetts

There is a 60 month look back period if you have just transferred assets. The length of the penalty depends on how much you actually transferred. The penalty is: assets you have transferred divided by the average cost of a nursing home in your state. This penalty does not start until you actually move into the nursing home.

Transfers that are permitted by Medicaid

• Transfers to your spouse
• If you have a child that is under the age of 21
• A sibling that has part ownership of your home
• If you had a child that lived with you for at least 2 years who cared for you
• A disabled child

While most asset transfers will be penalized, any of the above transfers are allowed and cannot be penalized.

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

Reverse Mortgages; Should I?

Reverse mortgages seem to be almost too good to be true at first glance. And like everything else that seems too good to be true, it too has its downsides. The closing costs on this type of mortgage tend to be a lot higher than usual. Most instances the closing costs will be “rolled” into the loan, but that means less money for you in the long-run.
Reverse mortgages are getting more and more popular with people that are planning for retirement.

Pros and cons of a reverse mortgage; retirement planning

Here, Elder Law Attorneys Cohen & Oalican will go more into detail to help you learn if getting a reverse mortgage is the right thing for you:

Pros of a reverse mortgage

• Receive a monthly income
• Don’t have to rely on family members for income support
• Extra money for vacation

Cons of a reverse mortgage

• High closing costs
• May affect your eligibility to collect Medicaid
• Loan has to be paid back after your death – home will have to be sold

There are alternatives to a reverse mortgage. You could choose to just sell your home and downsize to a smaller/less expensive home or apartment. You could get a roommate; a roommate – if you can find the right one – will also offer companionship at the same time they are helping with the bills.

Make sure you explore all your options before jumping into anything, especially something that will burden your family. Call Elder Law Attorneys Cohen and Oalican with any questions that you may have. Offices: Boston, Raynham and Andover Massachusetts.

Shopping for long term care insurance; Elder Law, Boston, Raynham and Andover Massachusetts

The cost of nursing home care is expensive. Long term care insurance is purchased to cover your nursing home residence, and can also pay for home care and assisted living. But there can be some problems with this coverage... Probably one of the biggest concerns for long term care insurance is the cost.

Questions to ask when comparing long term care insurance policies; Cohen & Oalican, LLP

There will be lots of questions that you will have when comparing long term care policies, but here are – without a doubt – some of the most important questions to ask:

• This one will be listed first because it is probably the most important; is the long term care insurance company reputable? Are they known to pay claims?
• Look for restrictions in the policy
• How long is the elimination (waiting) period?
• Should you purchase an inflation rider?
• What is the qualification policy?

When should you start looking at policies for long term care insurance?

Deciding when to start looking into purchasing a long term care policy is not an easy decision. It is sort-of a catch-22 situation. If you purchase one when you’re 80 for example, your premium – if they even accept you – will probably way more than you can afford to pay. But, with the way things are changing daily you probably don’t want to look into purchasing a policy when you’re only 50 because you probably won’t need to use it for at least 20 years and who knows what’s going to happen in 20 years…

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

Medicaid Planning 101

Eligibility for Medicaid is always changing. Careful Medicaid planning can help you and your family tremendously. More often than you would think, people are rushing around trying to figure out what their next step will be when an unexpected need for nursing care financing pops up. Planning ahead can help you protect your family’s estate.

Long Term Care eligibility

In the U.S. the only plan that will cover long term care is Medicaid. Most people end up paying for nursing home care out of their pocket until they exhaust all their funds and then, and only then, will Medicaid kick in. Medicaid is considered a form of welfare which you can only qualify for if you’re “impoverished”.

Protecting your assets; Elder Law

There is a way to distribute/transfer your assets in advance to protect yourself and your family. Every persons case will be different though, so the need to talk to an attorney that specializes in Elder Law before it gets too late is imperative. Attorneys Cohen & Oalican specialize in Elder Law; where protecting your assets and your dignity is their core mission.

Contesting a will; Can it be done?

A family member dies and you quickly find out the beneficiary was not who you thought it would be. So, what do you do? There are steps you can take to contest a will if proper estate planning was not done.

Do you have any legal ground to contest the will?

Here are some things you want to ask yourself if you want to contest a will's validity:

• Was the deceased person pressured into changing the will before they died
• Were they tricked – maybe told that it was a different document – into signing the will
• Was the deceased person mentally capable at the time of signing
• Was the will executed properly

Would contesting the will be ‘worth’ the money it would cost for legal representation

Maybe you don’t care about the dollar value. You just want to prove this person’s wrongdoing. Before you make that decision think about how much it would cost to go that route. Sometimes court costs could get high and if the inheritance is not substantial enough to cover that it might not be ‘worth’ the headache of going through probate court.

If abuse is suspected you might want to think about criminal charges being brought up. If you find yourself in this position call Elder Law Attorneys Cohen & Oalican, LLP; Offices Boston, Raynham and Andover Massachusetts

Estate planning with Cohen and Oalican LLP

Estate planning is not any easy thing to do. It requires a lot of homework, and a lot of talking with family members and attorneys. You will have plenty of questions that have to be answered in order to make the right decisions. Attorneys Cohen & Oalican specialize in Elder Law and will answer any questions you and your family may have.

Things to think about when estate planning:

• Drafting a will or trust
• Appointing a health care and financial power of attorney
• Finding out how to save on your estate tax

Drafting a will or trust with Elder Law Attorneys Cohen and Oalican

Trusts are generally more complex than wills. A lot of people have a trust as well as a will. Certain possessions can be covered with a trust to shield them from federal taxes. Also, when a trust is drafted it saves your trustee several trips to the court house.

Appointing a power of attorney for estate planning

You will need a power of attorney for your health care and finance. In some circumstances the same person is appointed to do both, but make sure the person you appoint as your power of attorney can manage both; if not, you will need to think about getting one person for each task.

Saving money on your estate tax; estate planning

There are several things that one can do to save money on estate taxes. Several insurance-based trusts are not subject to taxing. There are also programs where you can appoint money from your IRA that will be excluded. Gifts can be given up to a certain amount that will lower the value of your estate to reduce taxes also.

Call Elder Law Attorneys Cohen & Oalican for help with your estate planning; Boston, Raynham, Andover Massachusetts.

The revocable living trust

The revocable living trust is a legal agreement that designates somebody full responsibility for your property - but can be changed at any time or any reason if you are alive and mentally competent. It becomes irrevocable after you die and is quickly becoming the best tool for estate planning.

The power of a revocable living trust

If done correctly a revocable living trust can save a lot of headaches and will also save a lot of time at the court house. Immediately after your death, your assets will be transferred directly to your beneficiaries or will start to be passed out over a period of time (if that is how you set it up).

Living trust or will

Trusts are generally for larger estates and are more complicated and expensive than a will. They both serve the same purpose: who gets your property, who gets your money and how and when they get it.

Protecting your assets, and your dignity through this process is the core mission of each of the attorneys at Cohen and Oalican, LLP.

Estate Planning 101

Estate planning is probably one of the most important things you can do in your lifetime. Everyone wants to make sure their spouse and kids can live comfortably after they pass. I know it is for me, anyway. Here are a few of the most common will and estate planning mistakes:

The most common estate planning mistakes

• Deciding to leave a lump sum of money in your will
• Not making a plan for your business (if you own one)
• Forgetting to update your documents as things change
• Thinking you can write up your own estate planning documents

Estate plans designed to meet you and your family’s needs

Proper estate planning is not easy, but it’s one of the most important things you will ever do. Make sure that your will and estates will go where you want them.

Nursing home abuse on elderly with dementia; Boston, Raynham and Andover Massachusetts; Elder Law

When we move our loved ones into nursing homes, our support and the support of other friends and family is very important. This is especially true when our loved ones have dementia and can't make adequate decisions for themselves.

It is important for families providing elder care or placing loved ones in a nursing home to ask questions.

The Office of the Inspector General for the Department of Health and Human Services reported that elderly patients are often given anti-psychotic drugs that violate government standards, are not accepted for medicare coverage and/or are not approved by the FDA. This really shows how important it is for families and friends to watch closely and ask questions as to which medications are being prescribed to our loved ones.

Pharmaceutical Companies Improperly Promoting Drugs concerns Boston Elder law attorneys at Cohen and Oalican

The FDA puts what is known as a “black box warning” on these anti-psychotic drugs stating that there is a higher risk of death when they are taken by elderly people with dementia. And yet, 88% of the time these drugs were prescribed in ways that violate government standards, they were prescribed to elderly people with dementia.
Lawsuits and settlements suggest that several pharmaceutical companies have improperly promoted these anti-psychotic drugs to nursing homes.

Drugs prescribed violate government standards; Medicaid law

These drugs known as “atypical” anti-psychotics were found to be used by over 305,000 nursing home residents. One in five that were prescribed these drugs were found to be prescribed in a way that violated government standards. Also, more than half of the drugs that were covered by Medicare should not have been covered.

Alzheimer’s and Dementia Part 3

 

4.      Financial Status

Use this week to ask tough questions about your parents financial status. Be sure that their finances are appropriately managed after their diagnosis of Alzheimer’s or Dementia. Find the location of safety deposit boxes, bank accounts, investment or brokerage accounts, outstanding debts or other assets unknown to the family. If you don't have these hard discussions, funds that could be used to cover the costs of long term care could be lost and forgotten when memory loss ultimately occurs.

5. Contacts and information

Ask now, while memories are still sharp. Begin to work with your elder parents to compile a list of important contacts and other information that will be useful to the family if memory loss occurs. Get information on doctors, professional advisors (ie. accountant, attorney, financial advisor) and important passwords for online accounts.

“These conversations are NEVER easy. Having these talks though can ease every member of the family's transition into living with Alzheimer’s or Dementia.” says Steve Cohen. “Plan Ahead, if at all possible, don't leave these things till it is too late and you have to react instead of plan. Your parents will appreciate your care and concern that their wishes be followed and honored ”.

 

For further information contact our elder law attorneys at Cohen & Oalican, LLP.

Alzheimer’s and Dementia Part 2

 

According to the law firm of Cohen and Oalican, elder law attorneys in Boston, MA, there are 5 specific conversations adult children should have with their parents as soon as the opportunity presents itself. They comprise the following:

1. Long-term care preferences

Would your parents prefer nursing home, long term care, or in-home care if there had to be a choice?  If they prefer a long term care or nursing home facility, what amenities and activities are important to them? Asking these questions early can smooth the moving to an assisted living facility or a home-health care program far simpler should the need ever present..

2. Legal Documentation

What good is a living will if no-one knows where to find it?  It is critical that you know what legal documentation your parents have before incapacity occurs. This includes making sure their parents have a power of attorney, health care directive and HIPAA forms so someone can easily step in to make financial or medical decisions on their behalf.  In absence of this documentation, the family can be forced into petitioning a court for control over their parents.  This can be expensive, time consuming, and may not result in what your aging parent wanted with their lives.

3. Medical Preferences and Wishes

Please discover what type of, and how much care your aging parents want as soon as possible after their initial diagnosis of Alzheimer’s or Dementia. Understand their desires about life support and  other end-of life medical treatments. Who do they want to make these decisions for them if and when they can’t?  This will help your parents' security in knowing that their desires in this area will be carried out, despite the family trauma that enfolds itself around Alzheimer’s and Dementia.

to be continued….

Durable Power of Attorney and Health Care Proxy - FAQ Part 2

Durable Power of Attorney and Health Care Proxy - Part 2


6. What kind of records should I keep?

It is very important that you keep good records of your actions under the power of attorney. That is the best way to be able to answer any questions anyone may raise. The most important rule to keep in mind is not to commingle the funds you are managing with your own money. Keep the accounts separate. The easiest way to keep records is to run all funds through a checking account. The checks will act as receipts and the checkbook register as a running account.

7. Can I be compensated for my work as attorney-in-fact?

Yes, if the principal has agreed to pay you. In general, the attorney-in-fact is entitled to “reasonable” compensation for his or her services. However, in most cases, the attorney- in-fact is a family member and does not expect to be paid. If you would like to be paid, it is best that you discuss this with the principal, agree on a reasonable rate of payment, and out that agreement in writing. That is the only way to avoid misunderstanding in the future.

8. What is a health care proxy?

A health care proxy is a document executed by a competent person (the principal) giving another person (the agent) the authority to make health care decisions for you if you are unable to communicate such decisions yourself.

9. Why have a health care proxy?

In case you ever become incapacitated, it is important that someone has the legal authority to communicate your wishes concerning medical treatment. This is true especially if you were to disagree with family members about your treatment. By executing a health care proxy, you ensure that the direction that you have given your agent will be carried out in the event of such disagreement.

10. Who should I appoint as my agent?

Since your agent is going to have the authority to make medical decisions for you in the event you are unable to make such decisions yourself, it should be a family member or friend that you trust will follow your wishes. Before executing a health care proxy, you should talk to the person that you want to name as your agent about your wishes concerning medical decisions, especially life sustaining treatment.

11. Should I have a medical directive (Living Will)?

A medical directive provides your agent with instructions on what type of care you would like. If you wish, you may include a medical directive in your health care proxy. It may include specific instructions concerning the initiation or termination of life sustaining treatment or a more broad statement granting general authority for all medical decisions that are important to you.


Please contact Cohen & Oalican, LLP Boston, Andover and Raynham, for further information.