Many people are not aware
that Medicare and Medicare Supplemental Insurance do not
cover the cost of long term care in a nursing home. For the
average person who has worked hard all their life, nursing
home costs and costs of long term care can wipe out an entire
life savings in a matter of months.
According to statistics, of people reaching the age of 65,
over 40% will spend time in a nursing home. The number of
people over age 65 has tripled since the turn of the century
- and people in their 80's are among the fastest growing
segment of the population.
Long term care insurance is available for those who are
able to pass strict underwriting requirements. However, many
elderly people cannot qualify for long term insurance because
of health or financial requirements. As the search continues
for long term care solutions, the predicament faced by the
individual afflicted with chronic debilitating illness, and
their families, continues to grow.
For those who qualify, the cost of long term care will be
paid by the Medicaid program. Medicaid (not to be confused
with Medicare) is a program originally enacted in 1965. Since
then, it has undergone many changes over the years. Most
senior citizens and their families have heard of the Medicaid
Program and have some information as to the rules of eligibility
and transfers of assets. As with most subjects, a little
information can be a dangerous thing!
The rules of eligibility for Medicaid are very complex and
intricate. Those with any assets whatsoever should never
make a Medicaid application without consulting an Elder Law
specialist first. Filing an application without full and
correct knowledge concerning the retention and transfer of
assets, income caps, and eligibility can be catastrophic
and irrevocable.
Many well-intentioned individuals are willing to give advice
regarding qualifying for Medicaid based upon what they have
heard, or what happened to their neighbor. Be wary of the
advice of anyone other than an experienced, qualified Elder
Law specialist. Too often, well intentioned but erroneous
advice results in an ineligibility period or even disqualification
from the Medicaid program.
Even professionals sometimes offer advice which is inaccurate
or which contains only partial information. Even if the information
is correct, it often does not take full advantage of the
many strategies available to the experienced Elder Law attorney.
This could result in unnecessary impoverishment and "spending
down" of assets.
The stakes are high - and a thorough knowledge of the law,
rules, and the manner in which different estate planning
tools affect the Medicaid process is essential. Even if your
loved one is currently in a nursing home, it may be possible
to benefit from proper planning for Medicaid and the preservation
of assets. As with all planning, however, the earlier it
is undertaken, the greater the results.
As a Board Certified Elder Law attorney with many years
of experience, Joan Nelson Hook is pleased to be able to
offer valuable assistance to those in need of expert counsel
in this area of the law. Our office works with the individual
and their families to preserve assets and peace of mind when
long term care is an issue. There are many legal avenues
to explore -and many traps for the unwary. An experienced
elder law attorney should be your guide through the morass
of qualifying for Medicaid assistance and the prevention
of financial ruin. |