Long Term Care for Parents: Veterans & Medi-Cal

Using An Elder Law Attorney

2012-02-15T13:56:00.000-08:00

As the population of the country ages, more people will run into legal or planning issues that are unique to seniors. This might include help with obtaining veterans' pensions, Medicare or Medicaid. Other issues might include the need for long term care planning, solving disputes with family members, dealing with financial elder abuse, providing for powers of attorney, medical care planning or guardianship.

Elder Law attorneys represent a growing specialty of the law that helps the elderly deal with many of the problems mentioned above. But Elder Law attorneys can often do much more for their clients. Below is a list of services that an elder law attorney might provide. This list was taken from the National Academy of Elder Law Attorneys' website.

Below is a list of what an elder law attorney (lawyer) might do:

· Preservation or transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home

· Medicaid qualification and application and Medicaid planning strategies

· Medicare claims and appeals

· Social security and disability claims and appeals

· Supplemental and long term health insurance issues

· Disability planning, including use of durable powers of attorney, living trusts, "living wills," for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incompetency or incapacity

· Conservatorships and guardianships

· Estate planning, including planning for the management of one's estate during life and its disposition on death through the use of trusts, wills and other planning documents

· Probate

· Administration and management of trusts and estates

· Long term care placements in nursing home and life care communities

· Nursing home issues including questions of patients' rights and nursing home quality

· Elder abuse and fraud recovery cases

· Housing issues, including discrimination and home equity conversions (reverse mortgage)

· Age discrimination in employment

· Retirement, including public and private retirement benefits, survivor benefits and pension benefits

· Health law

· Mental health law

Joseph McHugh is an elder law attorney serving the Burbank / Glendale area. LA Law Center, LLP can be reached at (818) 241 - 4238 or visit us online at www.la-lawcenter.com

Same Sex Spouses & Partners of Nursing Home Residents will have Financial Protection starting January 1, 2012!

2011-12-30T12:26:00.000-08:00

A New Law Extends Financial Protections for Medi-Cal's Long Term Care Benefits

to Same Sex Spouses and Registered Domestic Partners

LA LAW Center, LLP is proud to support and protect the rights of all individuals and families in protecting their hard earned savings and family homes. We are pleased the share the following edited article from California State Assembly Representative, Mike Feuer’s web site.

On October 10, 2011, the Governor signed legislation authored by Assembly Member Mike Feuer (D-Los Angeles) that will provide same sex spouses and registered domestic partners of nursing home residents the same financial protections available to opposite sex married couples. Without these protections, Californians in same sex relationships risk losing access to joint financial resources, such as their home, bank accounts or stock, when their partner or spouse applies for the Medi-Cal long term care benefit. The new law will take effect on January 1, 2012.

"This bill extends critically needed protections to same sex couples who would otherwise be left impoverished by the costs of long term care," said National Center for Lesbian Rights Executive Director Kate Kendell. "This bill will correct a terrible injustice and ensure that all elder couples have the same safeguards under Medi-Cal."

"LGBT spouses and life-long partners are often torn apart because the current long-term care system unfairly discriminates against same sex couples," said Equality California Executive Director Roland Palencia. "This bill remedies the harm caused by current state law by ensuring the implementation of new federal guidelines that give states flexibility when administering long term care benefits. This is a critical change that helps LGBT seniors have the same dignity and respect afforded to all elderly people. We thank Assembly member Feuer for championing this critical piece of legislation."

"AB 641 is a major step forward in ensuring that same sex partners receive equal treatment under the law," said Patricia McGinnis, Executive Director for California Advocates for Nursing Home Reform. "It will provide the same protections afforded to opposite sex couples during one of the most difficult times in life when one spouse must enter a nursing home."

If you need more information on Medi-Cal qualifications or same sex couple’s estate planning protection options, visit us at www.la-lawcenter.com

Elder Law for an Aging Generation is Important

2011-12-20T13:47:00.000-08:00

The specialty of Elder Law is becoming more important as our population ages. People are also living longer but in many cases are not living better. In fact, there are many issues associated with aging that could be made better with the right help. An attorney specializing in Elder Law could be of great benefit to an older person and his or her family by helping with some of the issues below.

Potential for Financial Exploitation

The trusting nature of many elderly people makes them vulnerable to financial exploitation. Here are some examples of the most common types of financial exploitation.

· Telephone Solicitations for Dishonest Charities or Fraudulent Investments

· Identity Theft to Get Credit Card Numbers and Other Information

· Pay in Advance Prize-Winning Schemes

· High-Pressure Door-To-Door Sales

· Dishonest Home Improvement Contracts

· Dishonest Miracle Health Cures

· Unnecessary Living Trusts through a Trust Mill

· Dishonest Funeral Arrangement Plans

All elderly people should be made aware of and told to avoid any financial transactions that require upfront deposits. No contracts are to be signed without two or three days of consideration in consultation with knowledgeable family members. All dishonest schemes promulgated through the mail are guilty of mail fraud and appropriate complaints should be filed. All states have consumer-reporting departments to take complaints on consumer fraud. Again a good source for help is your local area agency on aging.

Settle Family Disputes

It is becoming more common to use an attorney, an arbitrator or a mediator in solving disputes among family members relating to the care of elderly parents. For instance, one child may have stolen assets and the rest of the family wants that person brought to justice. There may be a disagreement over the final disposition of property in an estate plan and it may take an attorney to solve that. A lawyer may be necessary to settle the differences either through the courts or through mediation.

Age Discrimination in the Workplace

The Age Discrimination In Employment Act protects people who have been laid off or fired because of age discrimination. Some companies consider older employees less valuable than younger employees. As baby boomers approach their 60s many will be opting to continue employment or find employment with another company. Age discrimination issues will become more prevalent in the coming years.

Help with Medicare and Medicaid

Qualified legal help is available from elder law attorneys to help individuals in applying for and accelerating payments for Medicaid. An elder law attorney can also help with disputes with Medicaid. Likewise attorneys who specialize in Medicare can help with disability claims and sometimes this help is the only way claims are ever granted. The local area agency on aging has an advisory service for help with understanding Medicare, Medicare supplements, Medicare advantage and Medicare part D.

For more information, please go to our website and look around. We aim to educate our community and assist them with any elder law needs they may have. Visit our site or call us today to schedule your FREE 1-hour consultation with one of our highly esteemed elder law attorneys.

1 (877) 537 - 8283

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Veteran's Benefits & Medi-Cal (Medicaid) Benefits

2011-12-09T15:42:00.000-08:00

Welcome to LA LAW Center, LLP! We are launching our new Blog and Information Campaign in an effort to educate anyone that is or has a loved one entering into the phase of life where long term care issues and paying for this care is of concern.

VETERAN’S BENEFITS & MEDI-CAL (MEDICAID) BENEFITS NEED TO BE PLANNED TOGETHER… OR YOU WILL CREATE A MEDICAID TIME BOMB!!!

We want to remember all of our US Veterans for their contributions, bravery and sacrifices to maintain our freedom in the United States of America!

As part of the legal work at LA LAW Center, LLP, our staff is proud to support Veterans that need to qualify for the Aid & Assistance Program offered by the Veteran’s Administration and make sure that all Veterans are also being qualified for the future needs of Medi-Cal. We also fear that many Veterans are being taken advantage of by Insurance Agents that are only looking for a short term solution to care issues with Veterans by selling annuities that do not qualify for Medi-Cal.

A housebound or assisted living facility Veteran that needs assistance financially to pay for care, has a 90% probability of needing to go on to skilled nursing home care within 2 to 3 years. The cost of nursing home care in California averages over $6,000 per month or $81,000 per year. A Veteran may enter a nursing home within 2.5 years prior to passing away. Based on these facts, it is expected that the veteran's family will need to apply for Medi-Cal (Medicaid) benefits to pay the nursing home costs.

Medi-Cal has a penalty period of ineligibility if a senior has given away any assets within five years of applying for Medicaid assistance id not transferred properly. This means that if you or your loved one does not get the advice of an elder law attorney and relies on the advice of an annuities sales person and transfer assets to qualify for Aid and Attendance, this could make the patient ineligible for Medi-Cal.

We predict that 90% of living Veterans Aid & Assistance claimants will need Medi-Cal in less than 5 years.

WARNING!! When a Veteran gives away assets to qualify for VA benefits, he/she may be setting a MEDI-CAL PENALTY TIME BOMB! If you know want to understand how to qualify for Veterans and Medi-Cal benefits…. But aren't sure what to do, call LA LAW at 877.357.8283 we offer a free phone consultation.

For more information, please go to our web site to the Veteran’s page and we also have an article from the AARP regarding Veterans Seminars for Aid & Assistance & Medi-Cal.

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