Maximizing Medicaid: How Asset Protection Plans Can Help You Save Money on Long-Term Care

Durable Power of Attorney Documents: Why They Are IMPORTANT            Adults make decisions every day in life. You make financial choices regarding banking, paying bills and managing assets. You decide with whom to socialize and also where to live. You make health care decisions such as consenting to or refusing treatment, obtaining medical records and choose a course of treatment when ill. But what happens if you are too sick or disabled to manage these decisions? Before it is too late, have you prepared for someone to act on your behalf in the event of a crisis or if you are unable to manage decisions on your own? Adding a person to your bank accounts is not the answer because, among other reasons, it is dangerous and places your accounts at risk. Thankfully, there is a key legal tool for substitute decision making called a Durable Power of Attorney.             A Durable Power of Attorney means one person (the principal) gives legal authority to another (the agent or attorney-in-fact) to act on behalf of the principal. Durable means the agent can act when the principal loses capacity. A General Durable Power of Attorney permits your agent to manage any part or all of your financial affairs and property. A Health Care Durable Power of Attorney enables your agent to make any or all health care decisions if you become incapacitated.  A Living Will allows you to spell out your desired medical treatment regarding life-saving procedures, artificial nutrition and artificial hydration if you become unable to speak for yourself and have a terminal illness, or are in a persistent vegetative state.            Choosing the right person as an agent is a very important decision and should be given careful consideration. It should be someone who is trustworthy, honest, knows how to handle money and accepts the responsibility as an agent. This agent owes a duty to the principal called a fiduciary duty, which means the agent has to act in the principals best interest, in good faith and with care, and keep good records. Abuse by an agent or a breach of fiduciary duty can be punishable civilly and criminally. A principal has the control to revoke a Power of Attorney at any time.             If you become incapacitated and have not executed Power of Attorney documents, court proceedings called Guardianship and Conservatorship may be needed for someone to obtain decision making authority, which is both time consuming and costly. However, this may be avoided by planning in advance the execution of Durable Power of Attorney documents, which give you greater control and freedom of choice in an affordable manner. This article was written by Donna A. Schuyler, Attorney, who practices in the areas of estate planning, elder law, guardianship and probate. Donna Schuyler Law, PLLC; elderlawboise.com; Phone 208-344-1947

This is the question that we get regularly in our law firm and before having our Life Care Planning program and Client Care Advocate, Meg Motter, a licensed clinical social worker on board, my answer was always that it is not something that you can plan for. I believed it to be a decision that was out of your hands. As I have embraced the Life Care Planning model of assisting clients and their families, Ive come to realize that those answers and beliefs were probably incorrect. Im learning through watching Megs work unfold that much can be done well in advance of crisis times to proactively plan for aging in place and avoid entering a skilled nursing facility for long-term care.Now, my answer would be to at least attend one of our monthly Life Care Planning Workshops, take advantage of the free one-on-one Life Care Planning vision meetings with Christine Oyler, and consider retaining the law firm for Megs services to assist you and your family in developing your very own Life Care Plan. There are ways to pay for in-home care and set up other situations that would certainly provide a much better chance of staying out of the nursing facility. Working closely with your Client Care Advocate through your one-year contract with Meg to determine your goals and wishes, research and secure services to assist you in remaining in the least restrictive setting of your choosing, and put those services in place is the answer. Planning is a necessity to avoid the nursing facility and starting early ensures the greatest success. Sure, we can help in the crisis, but starting your Life Care Planning journey before the crisis hits is all the better.If youd like to learn more about Life Care Planning and meet our Client Care Advocate, Meg Motter, LCSW, CDP consider attending one of our monthly Life Care Planning Workshops. Please reach out to the office at 717-208-4546 for more information.  

Throughout my twenty-year career in Estate Planning and Elder Law, I have always found pride in our team here at Bellomo & Associates. While we strive to do the very best for our clients, and although my pride in our firm has remained strong, I continued to feel as though we needed a key component. For a long time, I could not put my finger on exactly what this missing component may be until I met a friend who had begun to incorporate Life Care Planning into his firm. He explained how they had hired a Client Care Advocate to serve his clients better and after several conversations, I knew that this was exactly what we were missing. Providing our clients and families with clear answers that help them feel confident and knowledgeable about their decisions is a priority. There were few things more frustrating than being unable to provide the answers and support they needed when we got questions such as, How do I make sure that Mom is safe at home, or Is assisted living the right choice, or When should we consider a skilled nursing facility? We would refer to outside organizations to get families the help they needed, but I knew that ultimately, I wanted our firm internally equipped to help in this area. For nearly three years, our firm has been a member of the Life Care Planning Law Firms Association. Meg Motter, a licensed social worker, and our Client Care Advocate, brings thirty-five years of experience to the table. She helps families assess their current needs, answer any questions, help to provide the right course of action for their individual needs and wants, and so much more. Being able to add this piece to our firm has served to benefit both our clients and our staff. We are now able to support and advise in ways we could not have before. It is a gift to be able to care for our community in this way. If you are interested in learning more about Life Care Planning and specifically about how our Client Care Advocate can assist you and your family in putting together a plan, please call our office at (717) 208-2899, where we would love to help you.