Long-term Care Planning With an Elder Law Attorney

Long-term Care Planning is one of the biggest issues facing aging adults today. With experts projecting that nearly 70% of all individuals will need long-term care at some point in their life, the issue cannot be ignored. And yet, many surveys and statistics are showing that people are doing just that. Without proper planning, the need for long-term care can be the single greatest crisis that an aging person will face in their lifetime. (Source: National Care Planning Council)

Keys to Effective Long-term Care Planning

1. Plan Ahead. The longer you wait to plan, the less options will be available. Financial options such as long-term care insurance may become unavailable or too expensive. Legal options such as irrevocable trusts or gifting strategies will not be as effective if they are implemented later in life. The earlier you plan, the better. Read about the 5 life stages of planning here.

2. Long-term Care Insurance Gives You the Best (and most) Options. If you qualify, and can afford, long-term care insurance, then that is often the best strategy. Long-term care insurance gives the most options for protecting assets, staying at home, and having more free choice as to which facility you can enter when the time comes.  Read “Should I buy long-term care insurance?” here.

3. Don’t Rely on “Free” Advice. Some families are told informally by their nursing facility or social worker to just spend down all the assets before seeking other benefits. By seeking the advice of an  experienced professional who works with these issues everyday, families may discover other planning options.

4. Maximize Your Benefits. Get legal advice to maximize available benefits such as  Veterans benefits or Medicaid. Many families are unaware of the possible benefits they could  legally  receive.

5. Veterans, Don’t Miss Out. Many Veterans miss out on VA benefits  they qualify for and earned through their service to our country. Widows may qualify for benefits as well. So, even if the Veteran is deceased, his widow should get advice from a qualified professional on possible Veterans benefits available to her.

6. It’s Never Too Late to Plan. Even if someone is already in a nursing home, there still may be legal strategies to maximize benefits.

7. Beware of Jointly Owned Property. If you own property jointly with others (siblings, parents, friends) then their lack of long-term planning could impact you. If they need care, the property may end up with a lien and then you may be forced to pay off the lien or sell the property.

8. Watch Out for Gifting Without a Master Plan. Suppose someone is unconcerned about long-term care, but decides to give away large gifts to their children. Later, if care is needed, those gifts may cause a problem when applying for Medicaid benefits.

Are you putting off long-term care planning? If so, you’re putting yourself and your family at great risk of financial and emotional hardship. If you’d like our help in creating a long-term care plan give us a call at 217-726-9200!

If you already have a loved one in a nursing home, we can help you identify areas in which you may be missing benefits that can help ease the burden of paying for a nursing home. Our Elder Care Advisors help families everyday with this stressful time of life.