Managing the Stress of Caring for Your Elderly Parent

It can be very difficult caring for an elderly parent or patient with dementia. Unfortunately, family member caregivers frequently can feel burnout providing that care. This is especially true if there is only one caregiver. Frequent doctors appointments, help needed transporting to the bathroom at night, medication compliance and other chores continue to add up leaving no time to care for your personal tasks. A good elder care attorney can guide you to home assistance. The state of Illinois has enacted the Respite Program Act. The purpose of this legislation was to provide relief and support to the primary care-giver of a frail adult or an adult with a disability and provides a break for the caregiver from the continuous responsibilities of care-giving. Without this support, the primary care-giver's ability to continue in his or her role would be jeopardized; thereby increasing the risk of institutionalization of the frail adult or adult with a disability.  320 ILCS 10/1.5 The goal of this act to provide a substitute to allow a child caregiver a short break.

            The legislature has tasked the Department on Aging to oversee all assistance activities. The Department on Aging has assigned providers to administer this program based upon where you are located. You simply have to input your location in the Provider Profile, follow the directions, and call your local provider to assist you with your care for your parent. The Law Office of Jonathan W. Cole is located in Worth Township. The Provider in this area is PLOWS.  This acronym is based upon the communities they serve, Palos, Lemont, Orland, and Worth. Although you will need to contact Plows individually, you should know if you are eligible under the Respite Program Act. Eligibility includes persons suffering from Alzheimer's disease or a related disorder and persons who are 60 years of age or older with an identified service need. Priority shall be given in all cases to frail adults or adults with disabilities.  320 ILCS 10/5 If you are approved for this additional care, PLOWS will work with you to ensure that a qualified and trained individual can substitute in the care-giving responsibilities for a period of time, giving you the well needed time for rest or opportunity to catch up on your chores. In addition to these services, plows can offer assessments for home or community based services, home-delivered meals, or even shared housing. If you have specific questions on the best way to comprehensively plan to your parent’s care, please contact the Law Office of Jonathan W. Cole at (708) 529-7794 to schedule a consultation.  

My parents are not behaving normally...What do I do?

Recently, I have had a number of intake calls requesting assistance from concerned children about their aging parents. I have heard everything from an abusive parent, to a parent who constantly wanders away. Just last week I received a call from a daughter who's mother was verbally abusing her father and verbally keeping him "locked away" in their home. The daughter was very distraught and wanted to have her father liberated from the home. After further discussion, I discovered that the father was still of full mind, and clearly able to make sound decisions. Although the mother's general behavior has gotten more aggressive, she still was also competent. So to sum up the situation, we have a concerned daughter and competent parents who are beginning to see changes in personality as they age. The question naturally arises then, how do we deal with this situation?

If the parents are still competent, the best thing you can do is ensure that their Last Will and Testament is up to date and that you are named as their preferred guardian in that document. Guardianship will be discussed in another article, but it basically gives you full control over someones life. In this case, like a reverse parent-child relationship. If you have the proper provision in place, once you parents mental faculties diminish to a point where they no longer can make sound decisions for themselves, you are ready to step in and the court will provide less hurdles when choosing who to appoint. Additionally, you should be named under their Powers of Attorney for Property and Powers of Attorney for Health Care. Under these documents, you can assist them with their medical care, and have the authority to get their medical records when they are unable to make medical decisions. Under their Power of Attorney for Property, you will be able to concurrently make financial decisions with them, on their best behalf. This can assist you when a parent makes less than perfect financial decisions, to set up automatic bill pay or other options to ensure that they are provided for. These documents are always revocable, so if your parents don't like the job you are doing, they can revoke your authority. You should always speak with an attorney, and it is frequently best to have a group meeting with your parents and the attorney to discuss the options available to you, and what steps you should take next. In a situation like this, a parent who is getting more passive may feel more comfortable in voicing their opinion when they know their child is assisting in securing the family finances. I would be happy speak with you about your family at my Elder Law Office for no charge. I know that having parents personality change as their grow older is difficult, let's talk about ways to make that transition as painless as possible.

Oak Lawn Elder Law | Changes in Medicaid Eligibility Rules

New eligibility rules (Public Act 97-689 in Section 75) took effect on June 14, 2012.  These new Medicaid eligibility rules were negotiated last fall between the Department of Healthcare and Family Services and the Joint Committee on Administrative Rules.  Some of these changes include the following: (1) A home transferred into a trust after the bill becomes a law may not be considered homestead property.  If the home was transferred into a trust before the bill becomes law, it prevents a person from being eligible for long-term care if the person’s equity interest in this homestead exceeds the minimum home equity as allowed under federal law. (2) People over the age of 65 can no longer participate in a federally created OBRA Pooled Trust unless the beneficiary is a ward of the county public guardian or the State guardian. Other changes were also made, so if you have any questions in regards to changes or any other eligibility questions call a knowledgeable attorney:

Law Office of Jonathan W. Cole

5013 W. 95^th Street

Oaklawn, Illinois 60453

708 529-7794

Oak Lawn Elder Law | Proper Prior Planning

Proper Prior Planning Prevents Poor Performance: This concept is not foreign to anyone. In anything that you do, prior planning is the only way to ensure a successful event. Whether it is a picnic or retirement, you need to have the proper items to make the event comfortable and rewarding. Just like a picnic, there are some items that are of more importance than others. There are also items that will only be used at different stages of the event. A picnic needs food, drinks, and entertainment. How you fit those needs has some commonalities and some unique items to yourself.  For most individuals, the drink portion of a picnic involves some prepackaged beverage. Whether that beverage is water, wine, pop, or juice, it usually comes in a self contained and sealed container. Similar to the beverage category of a picnic, Elder Law Planning has commonalities and uniqueness. This comes in the form of the documents that need to be prepared and steps that need to be taken to ensure a plan is in place.

 As is discussed before, there are multiple stages of planning that is needed. I categorize the stages into three parts. The first part is the Preparing Stage. The second part is the Utilization Stage. The final part is the Assistance Stage. The Preparing Stage is similar to packing the picnic basket. You gather all of the supplies you believe that you will need for the picnic. If you do not have all of the materials, you purchase the required items from the store so that your basket is complete. In Elder Law, This is when you purchase the Estate Planning Documents such as a Will or Trust and fund the proper vehicles to fill your basket. The Utilization Stage is the picnic itself. This is when you enjoy the items in your basket. This stage is when you enjoy the fruits of your planning and reap the benefits that your foresight provided. The Assistance Stage is similar to the period after the picnic. This is when you pack up the leftover food and clean up your picnic site. All three stages will have to be done, with or without planning. How painful the completion of these stages are, will be determined by planning. Additionally, if you plan ahead you will have a lower overall cost of the picnic.  The proper planning for your senior years is like the proper planning for a zoo picnic. If you bring a sandwich to the zoo that you made at home, it will cost much less than if you wait and purchase a sandwich from the zoo food court.

For more information on Elder Law call:

Law Office of Jonathan W. Cole
5013 W. 95th St.
Oak Lawn, IL 60453
708-529-7794

Oak Lawn Elder Law | Medicaid Spouse Asset Options

A recent ruling in Connecticut may offer new options for Medicaid planning in Illinois. 

Nondisclosure of substantial assets has always been an option for spouses of individuals seeking Medicare assistance in Illinois. If your spouse is seeking Medicare eligibility for long-term nursing home care, you do not have to disclose any asset that has been held solely in your name longer than the applicable “look-back” period (usually 3 years or 5 years). However, for some, nondisclosure comes with a heavy price.  The downside is that if you do not disclose your assets, you will not be allowed to keep any assets worth more than the Medicare spousal allowance ($109,560); your spouse’s income would be paid directly to the long-term care facility; and you might be responsible for separate payments to the Illinois Department of Healthcare and Family Services.

However, a recent ruling in favor of a Medicare recipient in Connecticut may change the effect of nondisclosure of assets here in Illinois. Morenz v. Wilson-Coker, 415 F.3d 230 (2^nd Cir. 2005). An Appeals Court upheld a decision made by a Connecticut Federal District Court that allowed a Medicare Recipient to remain eligible for Medicare benefits even though the recipient’s spouse had separate assets that exceeded the eligibility amount. The Court stated that 1) when the recipient’s spouse signs a refusal to support the institutionalized spouse and 2) the Medicare recipient assigns all support rights the state, that assignment bars Connecticut’s Department of Social Services from considering the assets of the recipient’s spouse from their initial Medicare eligibility.

While a case of this nature has not been tried in Illinois, the Illinois Department of Family Services is working with the Illinois legislature to implement polies that mirror the federal guidelines. It is only a matter of time before these laws are reflected in Illinois.

For more Elder Law Information call:

Law Office of Jonathan W. Cole

5013 W. 95th St.

Oak Lawn, IL 60453

708-529-7794

www.jwcolelaw.com

Home Health Aides

Home Health Aides:

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Oak Lawn Elder Law | Transfer Your Home on Death by a Special Deed

The Illinois Residential Real Property Transfer on Death Instrument Act allows for transferring Illinois residential real estate at death without the need for probate. The Transfer on Death Instrument TODI must be executed with the same formalities as a will. In addition to regular real estate deed requirements, you must sign the TODI before two witnesses who must attest to the owner’s capacity.  A TODI can be revoked, but revocation must be recorded to be effective. During the owner’s lifetime, the designated beneficiary has no rights or interest in the property. So what does this mean for you?

If you do not want a trust, or can not afford a trust, this law allows you to speak with an attorney about a lower cost option to transfer your home outside of the probate process. An attorney can draft the proper deed and ensure that this act is properly complied with so that you can avoid probate for your home. This deed is a great option for Estate Planners, Clients, and Beneficiaries. It is important to know that this law is brand new. Your estate plan does not include this law. It becomes effective on Jan. 1, 2012. This is why it is important that you speak to an attorney often to ensure that your estate plan includes all of the tools that are currently available to you. Call my office to schedule an appointment to check on the state of your documents.

Law Office of Jonathan W. Cole
5013 W. 95th St.
Oak Lawn, IL 60453
(708) 529-7794
www.jwcolelaw.com

Oak Lawn Elder Law | Does a Community Spouse have to disclose their own assets?

The current status of Illinois Department of Human Services policy allows a community spouse to not disclose separately held assets if those assets have been held separately longer than the allowed look-back period. Unfortunately, if this election is made, the community spouse would not be allowed to keep all of his separate assets above the community spouse asset allowance. There is a a Connecticut case which allows a community spouse the right to sign a refusal to support the institutionalized spouse with would allow the disabled spouse to qualify for Medicaid. The supporting statute for this allowance was 42 U.S.C. 1396r-5(c)(3)(A). Although this method has not yet been challenged in Illinois, there is good reason to believe that it would be allowed here as well. If you need in home care or nursing home assistance and want to know how you are going to pay for it, call


Law Office of Jonathan W. Cole
5013 W. 95th St.
Oak Lawn, IL 60453
(708) 529-7794
www.jwcolelaw.com

Oak Lawn Elder Law | Nursing Home Planning - Cost of Care

This is the first obstacle to placing a loved on in a nursing home is cost. As you may know, the cost of quality nursing home care can be daunting. The monthly cost of nursing home care is anywhere between $6,000 and $9,000 dollars per month. If you spend three years in a nursing home at the high end of that spectrum, you will pay $324,000. If a couple is to stay for this period of time, their cost is $648,000. Most people do not have well over a half of a million dollars to care for themselves at the end of their life. Additionally, most people have worked their whole life to be able to provide a little bit of wealth to their children or grandchildren. The thought of depleting this much of your wealth for three years of care causes many individuals to attempt to receive care at home. The problem with this is that the care they receive at home is inadequate. Additionally, the burden that unassisted home care places on the family is great. The disabled family member may need full time care. This requires one of the healthy family members to take off of work to be able to fulfill that role. Even if the family can work out their schedules so that no one has to take off of work, their entire free time will be dedicated to care of the disabled family member. This makes handling their own affairs difficult. It is often during these times that the family of the disabled individual falls into debt themselves. There are two, possibly three, ways that you can mitigate this "cost of care" obstacle.

1. Qualify for Medicaid through proper estate planning
2. Purchase Long Term Care Insurance from a knowledgeable agent.

Both of those options should involve your attorney. I also think your best option is to implement both. The reason both tools should be implemented is as a fail safe. There is an expression that professional planners use which is as follows; "Two is one, one is none". Why is this expression so valuable? I will explain what could happen to either option.

Medicaid - With the failing credit of both Illinois and the U.S. government, the likelihood that Medicaid will be available forever is highly unlikely. Eventually, Medicaid will either be reduced or eliminated. When this happens, you benefits are no longer certain. This is why, as long as you are receiving benefits you are OK, but there is no certainty that they will continue forever. Although this programs is your best solution to cover the costs for your nursing home care, you do not have control over how long the program lasts. That is why it is important to have a back up provision.

Long Term Care Insurance - Long term care covers most long term care situations. Like any contract though, it does not cover every situation. There are times when your situation may not be covered by your insurance contract. It is also possible that the company you have a contract with goes bankrupt. Although these situations are rare, it is important to have a back up plan. 

I will include with this post, some links to one of my other blogs. This is my Estate Planning Blog, which covers more in depth medicaid planning and long term care insurance. As always I am always happy to answer your questions. Look for my contact information below.

Medicaid Planning Links

- Estate Planning Medicaid Post

Long Term Care Insurance

- Part One

- Part Two

 

Law Office of Jonathan W. Cole

5013  W. 95th St.

Oak Lawn, IL 60453

(708) 529-7794

www.jwcolelaw.com

Oak Lawn Elder Law | Nursing Home Planning

Entering a nursing home is never an easy choice. This is why so many put off the planning for this option until the last possible minute. There are three big obstacles the either the person who needs the nursing home or their loved ones find that make choosing a nursing home difficult. These three obstacles are:

1. Cost of Care
2. Quality of Care
3. Loss of Access to Family

Because these big three are the major issues that need to be addressed before a nursing home is chosen and you begin the administrative process, I will create an individual post for each of the three obstacles. You can click on the hyperlink for each of the three obstacles above. Each one will address the difficulties that arise from that obstacle and how to overcome those obstacles. As always, if you have questions about nursing home planning, you can always leave a comment or call me, Jonathan Cole,  at:

Law Office of Jonathan W. Cole

5013 W. 95th St.

Oak Lawn, IL 60453

(708) 529-7794

www.jwcolelaw.com

Elder Law Oak Lawn | Welcome to the Blog

Welcome to the Elder Law Blog. This Blog is intended to inform you about medicaid planning, medicare benefits, choosing a nursing home, and nursing home abuse. Look to find useful information and helpful links to other blogs, governmental pages, and my page. Look forward to helping you on your journey.