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New Rental Assistance Rule May Open Benefits to
More Seniors
The Social
Security Administration (SSA) has published a final rule simplifying
and expanding its rental subsidy program for Supplemental Security Income
(SSI).
Effective
September 30, 2024, the new rule is likely to allow more people to qualify for
SSI. In addition, some current SSI recipients may see an increase in their
monthly benefit amount as a result. The rule change is part of a broader agency
effort to streamline certain aspects of the SSI program.
SSI applicants
and recipients may want to talk to an elder law lawyer about the new
rule if they have questions about how it affects them.
How Do You
Qualify for SSI?
SSI is a
federal public benefits program that provides a modest monthly benefit to
qualifying recipients. It serves older adults across the United States who meet
strict income and resource limits. People with disabilities who have limited
income and resources also may qualify. In most states, to be eligible for SSI,
an individual must have less than $2,000 to their name.
SSI Rental
Assistance Explained
Income affects
more than whether an individual is eligible for SSI benefits. It also has an
impact on the SSI recipient’s benefit amount.
The SSA’s
definition of income includes not only “earned” income from a job and
“unearned” income such as gifted cash, but also what SSA calls “items received
in-kind,” including shelter given to an individual or that someone else pays
for.
A rental
subsidy can result in a lower SSI payment for current recipients. It may also
disqualify someone from receiving SSI because their income is too high.
However, SSI is
now changing how it calculates the rental subsidy amount. The new rule will
expand an exception that previously only applied in seven states but starting
in September 2024 will apply nationwide.
How Rental
Subsidy Is Calculated – The Current Rule
If an
individual pays a monthly required rent charge that equals or exceeds the
current market rental value (CMRV) in their area, a “business arrangement”
exists under SSA rules. This means that the SSA does not see the SSI applicant
or recipient as receiving rental assistance.
SSA regulations
consider a person to be receiving a rental subsidy — a type of unearned income
— if they are paying a monthly rent amount for a property that is less than the
CMRV where they live. This commonly occurs when somebody is living with a family
member who charges them less for rent than what they would pay on the open
market.
For example,
consider an SSI recipient who lives with their sibling, paying a monthly rental
rate of $400. If the CMRV in their area is $800, the amount of rental
assistance would be $400.
However, the
SSA imposes a regulatory cap, called a Presumed Maximum Value (PMV), on the
rental subsidy amount that can be assessed; that amount is $334.33 for 2024.
The SSA also has an unearned income exclusion of $20 per month.
Using the
example above, imagine a landlord accepting $400 per month instead of the CMRV
of $800. The amount that the SSA would count as rental assistance would be
$314.33 ($334.33 PMV minus the $20 general income exclusion amount.
Assuming a
maximum monthly SSI payment of $943 in 2024, and assuming there is no other
countable income, the recipient’s benefit amount would be reduced to $628.67
($943 minus $314.44).
Exception
Following court
cases that challenged the SSA’s rental subsidy rule, exceptions were provided
in seven states — Texas, Connecticut, New York, Vermont, Illinois, Indiana, and
Wisconsin.
In these
states, a “business arrangement” still exists. However, the rental subsidy does
not count as income if the monthly rental rate equals or exceeds the PMV,
instead of the CMRV.
Apply this
exception to the example above: An SSI recipient in Connecticut pays $400 per
month instead of the CMRV of $800 per month. They would not have their rental
subsidy count as income because the $400 payment is more than the $334.44 PMV
for 2024.
The SSA notes
that in the seven excepted states, application of the rental subsidy exception
generally results in a higher SSI payment amount.
New Rule
Applies SSI Rental Subsidy Exception Nationwide
The SSA
announced in April 2024 that the new rule would make the state-specific rental
subsidy exception national policy for SSI applicants and recipients.
According to the SSA, the policy change will increase the
benefit amount for some recipients and allow more people to qualify for SSI
payments. However, it will not affect how much SSA pays per month (a maximum of
$943 in 2024).
Even with this
exception, though, some applicants could see their monthly benefit amount
reduced; others may not qualify. The actual formula that the SSA uses is
complicated and includes the number of household members, as well as other
sources of income.
The rental
subsidy rule change is the latest SSA effort to remove barriers to accessing
SSI payments. Also in the fall of 2024, the agency will no longer use food an
applicant or recipient receives from friends, family, and community support
networks as part of its “in-kind support and maintenance” calculations. And in
April, SSA published a rule changing how it factors support from
other public assistance programs, such as SNAP, when determining beneficiary
payments.
More than 7
million individuals received
federal SSI benefits in January 2023, with payments averaging $654 per
month. During calendar year 2022, 172,000 individuals applied for SSI benefits
based on age, while 1.23 million applied based on blindness or disability.
Approximately 522,000 applicants received SSI benefits in 2022, a decrease of 1
percent compared to 2021.
Understanding
Social Security Benefits Can Be Difficult. Ashley Day Law Can Help.
While the new
SSI rule may be advantageous for many low-income, older Americans, terms like
“PMV,” “CMRV,” and “in-kind” support are not necessarily intuitive. They may
add to the confusion around an already long and challenging SSI benefits
process.
To make sure
the value of your rental subsidy is accurately determined, and that you receive
the SSI benefits you’re entitled to, get in touch with Ashley Day at 251-277-3377.
A Practical Legal Roadmap for Aging WellGrowing older often brings questions that cannot be placed neatly into one category.A family may start by asking about a will. Six months later, they may be wondering how to pay for long-term care. Then an older parent experiences cognitive decline, someone needs authority to handle financial matters, or the family becomes concerned about exploitation.Health care, housing, finances, benefits, legal documents, and family responsibilities can quickly become interconnected.That is why elder law in Boise, ID is broader than estate planning alone.Elder law focuses on legal concerns that commonly affect older adults, their families, caregivers, and people planning for aging. Donna Schuyler Law PLLC describes its elder law practice as addressing areas including estate planning, wills, trusts, fiduciary administration, guardianship, conservatorship, arrangements for care, benefits, elder abuse protection, and other concerns affecting older adults.For Treasure Valley families, understanding these connections can make it easier to prepare before decisions become urgent.Aging in Boise and the Treasure Valley Is ChangingIdaho continues to grow.According to U.S. Census Bureau estimates, Idaho's population exceeded 2 million people in 2025, an increase of more than 10% from the state's 2020 population base. Approximately 18.7% of Idaho residents are age 65 or older.Boise itself has an estimated population of more than 238,000, with approximately 16.2% of residents age 65 or older. Ada County's population also increased substantially between 2020 and 2025.Those numbers matter because growth changes the way families experience aging.Some older residents have lived in Idaho for decades. Others relocate to Boise, Meridian, Eagle, Star, Nampa, Caldwell, or surrounding communities to be near adult children or grandchildren.Families may therefore be managing:Estate plans created in another stateLong-distance caregivingA recent move into senior livingProperty in multiple statesBlended familiesChanging health needsMedicaid questionsFinancial decisions after the death of a spouseIncreasing caregiving responsibilitiesAn elder law attorney in the Treasure Valley can help families see how these issues fit together instead of addressing each one in isolation.What Does Elder Law Actually Cover?Elder law is not one single legal procedure.It is an umbrella practice area.The objective is often to help an older adult maintain as much independence, control, dignity, and financial stability as possible while planning for foreseeable changes.Estate PlanningEstate planning remains a foundational part of senior legal planning in Idaho.Documents may address questions such as:Who should receive property after death?Who should manage the estate?Who can handle financial affairs during incapacity?Who should make health care decisions?What medical treatment preferences should be documented?Would trust planning be appropriate?Donna Schuyler Law PLLC identifies general durable powers of attorney, durable powers of attorney for health care, and living wills among its estate planning services.Planning for incapacity can be especially important for older adults because medical changes can occur unexpectedly.Long-Term Care PlanningOne of the biggest challenges families face is determining what happens when an older adult begins needing regular assistance.That care could include:Help at homePersonal careAdult day servicesAssisted livingMemory careSkilled nursingRehabilitationFamily caregivingLegal and financial questions can become part of these decisions.Who has authority to sign documents? How will services be paid for? Does a spouse need financial protection? What benefits may be available? Does the family understand the difference between Medicare and Medicaid?These questions often require coordination between legal planning, financial planning, health care providers, and senior-care professionals.Medicaid and Miller TrustsMedicaid can become relevant for people who need certain long-term care services and meet applicable eligibility requirements.Donna Schuyler Law PLLC also identifies Miller Trusts, sometimes called Qualified Income Trusts, among the elder law matters it addresses. The firm's explanation notes that these trusts may be relevant when an applicant's income exceeds an applicable Medicaid income limit while other eligibility requirements are satisfied.Medicaid rules are detailed and situation-specific, so families should avoid making major transfers or financial decisions based only on general internet information.Guardianship and ConservatorshipWhat happens when an older adult can no longer make important decisions safely and no existing legal arrangement provides adequate authority?Guardianship or conservatorship may become part of the conversation.GuardianshipGuardianship generally concerns decisions involving personal welfare, which can include health care and living arrangements depending on the court's order.ConservatorshipConservatorship concerns financial affairs and property.Idaho Courts defines a conservator as someone appointed to manage the finances or estate of a protected person. Idaho also requires proposed guardians and conservators to complete court-approved training before receiving permanent authority unless waived by the court.These are significant legal proceedings.Whenever possible, families should explore whether appropriate advance planning or less restrictive alternatives can meet the person's needs.Elder Law Tip: Good planning asks two questions at the same time: "How do we protect this person?" and "How do we preserve as much choice and independence as possible?"Protecting Older Adults From Financial ExploitationFinancial abuse is another important component of elder law.Exploitation can involve strangers, but it can also involve relatives, caregivers, acquaintances, or someone who has been given financial authority.Families should pay attention to unexplained changes such as:Sudden large withdrawalsUnpaid billsNew joint account holdersUnusual giftsChanges in legal documents that the older adult cannot explainA new person isolating the senior from friends or relativesMissing valuablesSuspicious online relationshipsRepeated scam paymentsMisuse of a power of attorneyOlder adults deserve both protection and respect.A senior who is capable of making decisions retains the right to make decisions others might disagree with. The challenge is distinguishing an unusual choice from exploitation or genuine incapacity.When concerns are serious, elder law guidance and appropriate community resources may help families determine what steps are available.Probate and Estate AdministrationElder law also frequently continues after a loved one dies.Probate is the legal process used to administer certain assets and obligations of a deceased person's estate.Family members may suddenly need to determine:Whether a will existsWho has authority to actWhat property belongs to the estateWhat debts or claims must be addressedHow property should be distributedWhether trusts existWhere financial records are locatedDonna Schuyler Law PLLC includes probate among its stated practice areas, allowing clients to address both planning during life and estate administration afterward.When Senior Living and Elder Law IntersectFamilies do not always realize how closely legal planning can connect with housing and care.Consider an older adult moving from a Boise home to assisted living.The family may need to answer several questions at once:Can the senior sign the residency agreement?Who can access funds to pay monthly expenses?Should the home be sold?Who has authority to manage the property?What happens if memory care becomes necessary?Are benefits available?Is an existing power of attorney sufficient?Should estate planning documents be updated after the move?Similar questions can arise when someone begins receiving in-home care.The goal is not merely to prepare documents. It is to make sure legal authority and financial planning support the care plan the family is trying to create.Local Aging Resources Matter TooAn elder law attorney is one resource, not the only resource.The Idaho Commission on Aging and local Area Agencies on Aging help older adults and caregivers connect with information, services, caregiver support, transportation, meal programs, and other community resources.The Southwest Idaho Area Agency on Aging is based in Meridian and serves Ada, Canyon, Boise, Gem, Elmore, Payette, Valley, Washington, and other nearby counties.This type of community network matters because successful aging often requires several kinds of support at once.A legal issue may need an attorney.A care issue may need a senior living or home care professional.A benefits issue may require a specialist.A family caregiver may need respite or community support.Knowing where one professional's role ends and another begins can make the process much easier.When Should Families Consider Speaking With an Elder Law Attorney?There is no requirement to wait for a crisis.Consider seeking elder law guidance when:An older adult is updating estate planning documentsA family recently moved to IdahoA spouse has diedDementia or cognitive decline has been diagnosedLong-term care may soon be neededMedicaid eligibility is becoming a concernSomeone is entering assisted living or memory careA power of attorney may need reviewFinancial exploitation is suspectedGuardianship or conservatorship is being discussedFamily members disagree about decision-makingProbate assistance is neededExisting documents have not been reviewed in many yearsEarly planning usually gives families more time to understand options.Why Donna Schuyler Law PLLC Is a Local Elder Law ResourceDonna Schuyler Law PLLC concentrates on legal concerns that frequently overlap during aging.Attorney Donna Schuyler's professional background includes more than 30 years as an elder advocate. Her practice includes elder law, estate planning, guardianship, conservatorship, and probate. Her educational background also includes health studies with a focus in gerontology.She is also identified by the firm as a member of the Idaho State Bar's Taxation, Probate and Trust Law Section and Professionalism and Ethics Section, a past president and current member of the Treasure Valley Estate Planning Council, and a board member of Trust and Estate Professionals of Idaho.For families, that elder-focused perspective matters because the legal question is often only one part of a larger life transition.Frequently Asked Questions About Elder LawIs elder law the same as estate planning?No. Estate planning is one part of elder law. Elder law can also include guardianship, conservatorship, long-term care planning, Medicaid-related issues, elder abuse concerns, probate, and other legal matters connected with aging.When should someone meet with an elder law attorney?Ideally, before a crisis. Retirement, an interstate move, a new medical diagnosis, death of a spouse, changing care needs, or concern about future incapacity can all be useful times for a legal review.Can an elder law attorney help when a parent develops dementia?An attorney can help families understand legal issues involving existing powers of attorney, estate planning, financial authority, guardianship, conservatorship, and related planning. The available options depend significantly on the individual's capacity and existing documents.Does Medicare pay for long-term assisted living or nursing care?Medicare and Medicaid have different purposes and eligibility rules. Families should not assume Medicare will cover ongoing custodial long-term care. Medicaid may help eligible individuals with certain long-term care expenses, subject to applicable rules.What if my parent already has a will?A will is important, but it generally does not answer every question that can arise during incapacity. Families should also consider whether appropriate financial and health care decision-making documents are current.A Practical Checklist for Treasure Valley FamiliesYou do not have to solve every aging issue at once.Start by gathering:Current estate planning documentsPowers of attorneyHealth care directivesInsurance informationRetirement account informationProperty recordsMajor account statementsLong-term care insurance policiesImportant contact informationA list of medications and health care providers when appropriateThen identify what has changed.Has someone moved? Has health declined? Has a spouse died? Has an appointed agent become unavailable? Is additional care becoming necessary?Those answers can help determine what deserves attention first.Connect With Donna Schuyler Law PLLC Through Seniors Blue BookAging brings changes, but families do not have to wait until every decision becomes urgent.Thoughtful senior legal planning in Idaho can help older adults maintain greater control over their choices while giving caregivers and loved ones clearer direction when help is needed.Donna Schuyler Law PLLC serves Boise and Treasure Valley families with elder law, estate planning, guardianship, conservatorship, probate, and related aging-focused legal matters.To learn more, visit Seniorsbluebook.com or call 208-344-1947.Seniors Blue Book connects seniors, caregivers, families, and professionals with local housing, care, health, and senior-resource providers throughout Boise and the Treasure Valley.
Important Decisions to Make Before a Family CrisisMost families do not wake up one morning excited to talk about wills, powers of attorney, health care decisions, or what should happen to their property after death. Estate planning is easy to put off when life is going well.The problem is that many of the decisions covered by an estate plan become most important when a person is no longer able to easily make them.A hospitalization, sudden illness, cognitive decline, death of a spouse, move to assisted living, or unexpected family change can leave relatives asking difficult questions. Who is authorized to manage the bank account? Who can speak with doctors? What happens to the house? Who should receive certain property? Does an old will still reflect what the person wants?For families looking for estate planning in Boise, ID, addressing those questions before a crisis can create far more clarity later.Donna Schuyler Law PLLC works with older adults and families throughout Boise and the Treasure Valley on estate planning, elder law, guardianship, conservatorship, and probate. The firm's estate planning services include living wills, durable powers of attorney for health care, and general durable powers of attorney.Why Estate Planning Is Increasingly Important in the Treasure ValleyEstate planning is not simply a concern for wealthy families.It is a practical part of aging, retirement planning, homeownership, caregiving, and preparing for changes in health.That is especially relevant in a growing area such as the Treasure Valley. The U.S. Census Bureau estimates Boise's population at more than 238,000 residents, with approximately 16.2% of the city's population age 65 or older. Statewide, people age 65 and older make up approximately 18.7% of Idaho's population. Ada County has also experienced significant population growth since 2020.Growth brings another estate-planning consideration: relocation.Many Treasure Valley residents have moved to Idaho from other states. Someone who arrives in Boise, Meridian, Eagle, Star, Kuna, Nampa, or another nearby community with an estate plan prepared elsewhere should consider having those documents reviewed under Idaho law.Life circumstances may also have changed since the documents were originally signed.Estate Planning Is About More Than Writing a WillWhen people search for a Boise estate planning attorney, they often begin with one question: "Do I need a will?"A will can be important, but it is only one piece of the planning process.A more complete estate plan considers two broad situations:What happens if you are alive but cannot manage certain decisions yourself?What happens to your estate after your death?Both deserve attention.A Last Will and TestamentA will provides instructions for distributing property that passes through the probate estate and identifies the person who will handle the estate.Depending on a person's family and financial circumstances, a will may also contain other planning provisions.It is important to understand that not every asset necessarily passes according to a will. Some property may transfer according to beneficiary designations, ownership arrangements, or properly established trust provisions.That is why reviewing the entire financial picture can be just as important as drafting the will itself.Trust PlanningPeople researching wills and trusts in Idaho may wonder whether one is automatically better than the other.There is no single answer for every family.A trust may be appropriate in circumstances involving specific asset-management goals, real estate in multiple states, blended families, beneficiaries who need additional protection, or other individualized planning concerns.Donna Schuyler has previously explained through Seniors Blue Book that the appropriate choice between a will and trust depends on the person's circumstances and that an existing plan should be reviewed when important life changes occur.The important question is not simply, "Should I have a trust?"A better question is, "What planning structure fits my assets, family relationships, and goals?"Planning for Incapacity Is Just as ImportantMany people think estate planning deals only with death.For older adults, documents that apply during life can be equally important.General Durable Power of AttorneyA general durable power of attorney can authorize a trusted person to handle financial affairs when appropriate.Depending on the authority granted, this could involve matters such as:BankingBills and expensesPropertyFinancial accountsBusiness mattersOther financial responsibilitiesChoosing an agent deserves careful thought.The person may eventually be handling important financial decisions at a time when the person who created the document cannot supervise every action.Durable Power of Attorney for Health CareHealth care planning answers a different question: Who should make medical decisions if you cannot communicate or make those decisions yourself?A health care agent may need to speak with physicians, understand treatment options, and make decisions during stressful circumstances.Families often discover the importance of this document during an emergency. Preparing it beforehand gives the individual an opportunity to choose the person they trust instead of leaving relatives uncertain about who should speak for them.Living WillA living will addresses certain wishes involving medical treatment if specific medical circumstances occur and the individual cannot communicate those wishes independently.These conversations are not always comfortable, but documenting preferences can give family members valuable guidance when emotions are high.Planning Tip: A useful estate plan does more than create documents. It gives the right people clear instructions and makes sure those people know where important information can be found.Seven Decisions Worth Making Before a CrisisEstate planning becomes easier when families break it into practical decisions.1. Who should manage financial matters?Consider who is reliable, organized, financially responsible, and willing to take on the role.Being close to someone emotionally does not automatically make that person the best financial decision-maker.2. Who should make health care decisions?Think about who understands your values and can remain calm enough to communicate with medical professionals and relatives during difficult circumstances.3. Who should handle your estate?The person responsible for administering an estate may need to organize documents, communicate with beneficiaries, address claims, work with professionals, and handle property.Choose someone capable of managing the responsibility.4. Who should receive your property?A clear plan can help reduce uncertainty.This becomes especially important for blended families, unmarried partners, relatives with disabilities, charitable intentions, or families with complicated relationships.5. Are beneficiary designations current?Retirement accounts, insurance policies, and other assets may have beneficiary designations that should be reviewed along with the rest of the estate plan.An old designation can create an outcome that no longer matches the owner's wishes.6. What happens if you need more care?Estate planning can overlap with elder law when a person begins considering home care, assisted living, memory care, skilled nursing, Medicaid, or other long-term care concerns.Legal authority, financial planning, and care planning should not always be treated as separate conversations.7. Does anyone know where your documents are?Even carefully prepared documents are less useful when no one can locate them.Trusted family members or appointed decision-makers should know how to find important legal and financial information when appropriate.When Should You Review an Existing Estate Plan?Having documents prepared years ago does not necessarily mean planning is complete.Consider reviewing your estate plan following:Marriage or remarriageDivorceDeath of a spouseDeath of a beneficiary or appointed agentBirth or adoption of children or grandchildrenRetirementA major diagnosisChanges in cognitive healthPurchase or sale of significant propertyMajor financial changesMove to Idaho from another stateMove into senior livingChanges in family relationshipsA significant change in your wishesEven when nothing dramatic has happened, an occasional review can identify outdated addresses, former agents, old beneficiaries, changes in property ownership, or documents that no longer fit the family's circumstances.Why an Elder-Focused Perspective Can MatterEstate planning for a 35-year-old family and planning for someone entering their 70s or 80s can involve very different concerns.Older adults may be thinking simultaneously about:Maintaining independencePaying for future careHelping a spouse remain financially secureProtecting against financial exploitationPreparing for cognitive declineMedicaid eligibilityMoving from a home to senior livingSupporting an adult child with disabilitiesAvoiding unnecessary family conflictProbate and trust administrationThis is where estate planning and elder law often overlap.Donna Schuyler Law PLLC focuses on legal issues affecting older adults and their families. Attorney Donna Schuyler's background includes more than 30 years of experience as an elder advocate, along with work in estate planning, guardianship, conservatorship, probate, and elder law.Estate Planning Questions Families Should AskBefore meeting with an attorney, families may find it helpful to discuss questions such as:What would happen if I could not manage my finances tomorrow?Who would I trust to speak for me medically?Are my current documents still valid and appropriate?Have I moved since my plan was prepared?Are all beneficiary designations current?Does my family understand my wishes?Could long-term care affect my financial plan?Are there family circumstances that require special planning?Would my loved ones know whom to contact in an emergency?You do not need every answer before meeting with an attorney. Identifying the questions is often the best place to begin.Frequently Asked Questions About Estate Planning in BoiseIs estate planning only for wealthy people?No. Estate planning can be valuable for anyone who wants to decide who will manage financial or health care matters during incapacity and how property should be handled after death.Do I need both a will and a power of attorney?They serve different purposes. A will generally addresses matters after death, while a durable power of attorney can provide authority to handle certain matters during a person's lifetime. The appropriate combination depends on individual circumstances.Should I update an estate plan after moving to Idaho?A move between states is a good reason to have existing documents reviewed. State laws differ, and family circumstances, property, and financial accounts may also have changed during the move.Can estate planning prevent a conservatorship?Advance planning may reduce the likelihood that court involvement becomes necessary in certain situations, particularly when effective decision-making documents are already in place. However, no document can guarantee that guardianship or conservatorship will never become necessary.How often should an estate plan be reviewed?There is no single schedule that fits everyone. Review is particularly important after major family, financial, health, or residential changes.Take the Next Step With Donna Schuyler Law PLLCGood estate planning is ultimately about making decisions while you still have the opportunity to make them clearly.For seniors and families in Boise, Meridian, Eagle, Nampa, Kuna, Star, and communities throughout the Treasure Valley, planning ahead can make future medical, financial, and family transitions easier to navigate.Donna Schuyler Law PLLC provides guidance in estate planning as well as related elder law, guardianship, conservatorship, and probate matters.To learn more, visit Seniorsbluebook.com or call 208-344-1947.Seniors Blue Book helps older adults, caregivers, and families find trusted local senior resources throughout Boise and the Treasure Valley.
Aging often brings legal questions that do not fit neatly into one category. A family may be updating a will while also planning for long-term care, reviewing Medicaid eligibility, responding to suspected financial exploitation, or deciding who can make decisions if a loved one loses capacity. When several concerns overlap, an elder law attorney can help connect the legal, financial, health care, and family issues.This Boise elder law guide explains what elder law attorneys do and compares three featured local firms: Ahrens DeAngeli Law Group, Donna Schuyler Law PLLC, and McCool Law, PLLC. What Is Elder Law?Elder law is a legal practice area focused on concerns that commonly affect older adults, people with disabilities, caregivers, and families planning for aging. It combines several areas of law because a decision about housing, care, benefits, or incapacity can affect a persons assets, estate plan, and family responsibilities.Common Elder Law ServicesDepending on the attorney and the facts of the case, elder law services may include: Wills, trusts, and estate planning Financial powers of attorney Advance health care directives Long-term care and asset planning Medicaid eligibility and planning Veterans benefits planning Guardianship and conservatorship Probate and trust administration Special needs and disability planning Advice concerning elder abuse or financial exploitation Medicare, housing, or care-related legal concerns Not every elder law firm provides every service. Families should describe the situation clearly and confirm that the attorney handles the specific issue before scheduling a consultation.Ahrens DeAngeli Law GroupPhone: 208-387-0729Ahrens DeAngeli Law Group has an elder law practice serving older adults and families in the Boise and Treasure Valley area. Its elder law website identifies Medicaid planning, elder-focused estate planning, veterans benefits planning, and Alzheimers planning as core practice areas.Long-Term Care and Benefits PlanningThe firms published materials focus strongly on the financial and legal decisions associated with long-term care. This may include evaluating resources for care, reviewing estate planning documents, considering Medicaid rules, and discussing veterans benefits when applicable.The firms attorney profiles also identify experience with asset preservation and long-term care planning. David J. Wilson is described as a board-certified elder law attorney whose practice centers on estate planning, asset protection, and helping seniors navigate long-term care costs. Joshua C.P. Reams is described as focusing on estate planning, asset preservation, and long-term care planning for seniors.Broader Trust and Estate ResourcesAhrens DeAngeli Law Groups broader practice includes wealth planning and preservation, trust and estate law, charitable planning, business succession, tax matters, and complex guardianship and conservatorship cases. This wider practice may be relevant when an elder law concern involves substantial or complicated assets, trusts, family businesses, charitable goals, or tax planning.Who May Consider This Firm?Ahrens DeAngeli Law Group may be worth considering for families whose primary questions involve long-term care costs, Medicaid planning, veterans benefits, asset preservation, Alzheimers planning, or the interaction between elder law and a more complex estate plan.Donna Schuyler Law PLLCPhone: 208-344-1947Donna Schuyler Law PLLC serves Boise-area clients in elder law, estate planning, guardianship, conservatorship, and probate. The firms services address both proactive planning and situations in which a family needs legal authority or guidance after a change in health or capacity.Experience Centered on Older AdultsThe firm reports that Attorney Donna Schuyler has more than 30 years of experience as an elder advocate. Her published background includes legal education as well as studies in business, health studies, and gerontology.The firm states that Donna Schuyler is a member of the Idaho State Bar Taxation, Probate and Trust Law Section and the Professionalism and Ethics Section. It also identifies her as a past president and current member of the Treasure Valley Estate Planning Council and a board member of Trust and Estate Professionals of Idaho.Planning and Court-Supervised MattersDonna Schuyler Law PLLC identifies living wills, durable powers of attorney for health care, and general durable powers of attorney among its estate planning services. The firm also handles guardianship and conservatorship, which may become relevant when a person can no longer make or communicate certain decisions and existing planning documents are unavailable or insufficient.Probate is another stated practice area. This allows families to discuss how planning during life may connect with estate administration after death.Who May Consider This Firm?Donna Schuyler Law PLLC may be a suitable option for older adults and families seeking an elder-focused estate plan, advice about decision-making authority, guardianship or conservatorship guidance, or help with probate and related family concerns.McCool Law, PLLCPhone: 208-963-8100McCool Law, PLLC describes itself as a Boise elder law firm and identifies elder law, estate planning, probate, wills, trusts, Social Security Disability, Medicare and Medicaid benefit eligibility, guardianship, conservatorship, housing law, and advance directives among its practice areas.Balancing Protection and IndependenceThe firms elder law materials emphasize the importance of balancing protection with an older adults dignity and right to control their own life. McCool Law explains that families may have options ranging from no formal legal intervention to a power of attorney, conservatorship, or guardianship.This graduated approach can be important when a family is concerned about capacity but wants to understand whether a less restrictive option may be sufficient.Estate Planning, Probate, and Benefits IssuesMcCool Law states that estate planning should address retirement, disability, incapacity, health care wishes, financial management, and the distribution of property after death. Its website discusses wills and trusts, including the use of trusts for blended families, people with special needs, younger beneficiaries, and property located outside Idaho.The firm also identifies Medicare and Medicaid benefit eligibility as practice areas. Its Medicare materials note that prior authorization issues and claim denials can create difficult choices for older adults and families. The firm advises clients about available legal options in these situations.House Calls and Local AccessibilityMcCool Laws website states that the firm makes house calls. This may be useful for clients who have mobility limitations, health concerns, or difficulty traveling to an office. Families should confirm current availability, service area, and any fees or conditions associated with an in-home meeting.Who May Consider This Firm?McCool Law may be worth considering for clients seeking a broad elder law practice that includes estate planning, guardianship or conservatorship, probate, benefits concerns, housing law, or the convenience of asking about a house call.How to Choose Among the Three FirmsThe best attorney for one family may not be the best attorney for another. Use the initial call or consultation to determine whether the firm regularly handles the specific matter and whether its approach fits the familys needs.Match the Attorney to the Main Legal NeedConsider beginning with the issue that requires the most immediate attention: Long-term care financing, Medicaid, veterans benefits, or asset preservation Estate planning and incapacity documents Guardianship or conservatorship Probate or trust administration Medicare, Social Security Disability, or housing concerns A complex estate involving trusts, taxes, business interests, or property in several states If several issues overlap, ask which attorney will take the lead and whether the firm can coordinate the entire matter. Why Elder Law Matters in BoiseBoise and Treasure Valley families often coordinate care across hospitals, rehabilitation programs, home care providers, senior living communities, and relatives who may live in other states. A legal plan can establish who has authority to communicate, manage finances, make health care decisions, and respond when a crisis occurs.Local counsel is especially helpful when Idaho-specific laws and benefit rules affect the outcome. People moving to Boise from another state may also need older powers of attorney, health care directives, wills, and trusts reviewed for their current circumstances.Early planning gives families more options. Waiting until a hospitalization, cognitive decline, financial emergency, or care placement may narrow the available choices and increase stress. An elder law consultation can help a family identify priorities before decisions become urgent.How to Get Started Write down the main concern and any deadlines, safety issues, benefit notices, or care transitions. Gather wills, trusts, powers of attorney, advance directives, insurance policies, benefit letters, and court documents. Prepare a basic list of income, assets, debts, real estate, and recurring care expenses. Identify the people currently helping with health care, finances, transportation, housing, and daily support. Contact the firms whose stated focus best matches the situation. Ask what to bring, who should attend, how fees work, and whether urgent action may be required. Compare the firms based on relevant experience, communication, accessibility, scope of service, and comfort level. Do not transfer assets, change ownership, sign unfamiliar documents, or rely on general Medicaid advice without obtaining individualized guidance. Frequently Asked Questions About Elder LawWhen Should Someone Contact an Elder Law Attorney?It is helpful to seek advice before a crisis, particularly when preparing for retirement, reviewing an estate plan, anticipating long-term care, or choosing people to make future decisions. An attorney may also be needed after a diagnosis, hospitalization, benefit denial, suspected exploitation, or loss of decision-making capacity.Is Elder Law Only About Estate Planning?No. Estate planning is an important part of elder law, but the field may also include long-term care planning, Medicaid, veterans benefits, guardianship, conservatorship, probate, disability planning, and other legal concerns connected to aging.Can an Elder Law Attorney Help a Family Avoid Guardianship?Depending on the circumstances, advance planning tools such as powers of attorney, health care directives, and trusts may reduce the likelihood that a court proceeding will be needed. These documents must be prepared while the person has the required legal capacity. No document can guarantee that guardianship or conservatorship will never become necessary.What Should a Family Bring to the First Meeting?Bring available legal documents, financial and property information, insurance policies, benefit notices, medical or care information relevant to the legal issue, and a written list of questions. Ask the firm in advance whether it requires additional forms or records.How Much Does an Elder Law Attorney Cost?Fees depend on the firm and the type and complexity of the matter. Some work may be offered for a fixed fee, while contested, court-supervised, or ongoing matters may be billed hourly. Request a written explanation of fees and the scope of representation before proceeding.Related Seniors Blue Book Categories Estate Planning in Boise, ID Medicaid Planning in Boise, ID
Elder Law - Plan to provide for future needs and preserve your legacy.Planning for the future and ensuring that your wishes will be carried out doesnt have to keep you up at night. If you or your loved one is 60+, now is a good time to plan your legal strategies to receive care in your home as you desire and if you may need expensive long-term care. If you have plans in place, we will review them with you and suggest modifications or additions, if any, for you to accomplish your goals.Elder law and estate planning serve two different, but equally vital, functions. The main difference is that elder law is focused on ensuring your care and preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die.Elder law planning is concerned with ensuring that seniors live long, healthy, and financially secure lives. It usually involves anticipating future medical needs, including long-term care. Elder law services include planning for the expected and the unexpected: pre-need planning and crisis planning. Planning is tailored to each clients concerns, goals, family dynamics, and immediate or potential future care needs and may include planning tools such as:Advance Directive for Health Care (Living Will)Healthcare Power of Attorney with Healthcare PreferencesDurable Power of Attorney for Property with Expanded PowersLong-Term Care Sensitive WillsCertification as to Validity of Power of Attorney and Agents AuthoritySpecial Needs Trusts or Other Asset Protection TrustsMedicaid and SSI PlanningLong Term Care PlanningGuardianships and ConservatorshipsUnderstanding/Protecting Against Elder Abuse and NeglectElder law planning also includes your instructions about living arrangements and priorities when it comes to care, which benefits your entire family. Whats more, it can ensure that you are protected from elder abuse or exploitation when you get older or become incapacitated. For seniors, this means resting assured that you will not be a burden to your children, siblings, or other family members if/when you are not able to care for yourselves. For other family members, your planning manifests your love for them, providing peace of mind and the tools needed to ensure care is provided as planned.Finally, elder law covers assistance with guardianship and conservatorship, if needed. Guardianship and/or conservatorship may be necessary to protect and provide for individuals who are unable to care for themselves or live independently, who are unable to understand or manage money and assets, and who may be at risk of abuse and exploitation. Supported Decision Making may be an alternative to guardianship/conservatorship for individuals with limited abilities to retain their decision-making capacity by choosing supporters to help them make choices.When planning proactively, Ashley Day Law works with you to determine your priorities and what future needs must be met and put together the best course of action based on your income and assets to protect your quality of life and reduce unnecessary stress within the family.When crisis planning, our caring and comprehensive approach can help guide you through a difficult process and relieve you of some of your worries.Having to place a loved one in a skilled nursing facility can be an emotionally wrenching experience. To make matters worse, confusion often reigns supreme when determining how to best use income and assets and when navigating the Medicaid application process. Well-meaning family, friends, and even professional advisers may give conflicting or incomplete advice causing families needlessly to lose their property and assets. At Ashley Day Law, we will help you plan for future care needs and how to pay for them, prepare documents for you to enact your plan, and assist with the administration to ensure plans are implemented and assets distributed as instructed.You want to do what is best for the people you love throughout your lifetime and ensure they are taken care of after you are gone. Give us a call.
Estate Planning - Ashley Day Law provides comprehensive planning ot individuals and families.We help our clients prepare for unexpected incapacity or death, to ensure both that their family and loved ones have the ability to care for them and that their assets are transferred at their passing in accordance with their goals and wishes. We design and create proper estate plans for our clients, review beneficiary designations, and advise our clients to ensure trusts are funded.Establishing your estate plan is one of the most important steps you can take to protect yourself and your loved ones during your lifetime, in case of disability, and at your death. A well-thought-out and comprehensive estate plan can prevent the need for someone to obtain guardianship in the future, lessen administrative costs associated with the transfer of assets at death, and help smooth familial relations.Our estate planning services include:Forming Living, Irrevocable Protection TrustsAssisting with Beneficiary Designations and Other Non-Probate TransfersDrafting Wills, Living Trusts, Healthcare Directives, Powers of Attorney, and Other Planning DocumentsAdvising Executors, Administrators, Trustees, and GuardiansDeveloping Caregiver Agreements and Other Family AgreementsPost-Mortem PlanningWhile estate planning often includes a variety of items among those listed above, foundational estate planning includes, at least, wills, durable powers of attorney, advance healthcare directives, HIPAA authorizations, and a stand-alone or testamentary supplemental needs trust if you have a loved one with special needs. These instruments are critical to ensure your wishes are followed. A properly designed and implemented estate plan also can help you accomplish additional goals, such as:Providing financial security for your familyEnsuring your property is preserved and passed on to your beneficiariesAvoiding disputes among family members, business owners, or with third parties (such as the IRS)Providing for your childrens or grandchildrens educationProviding for your favorite charityMaintaining control over or ensuring the competent management of your property in case of incapacityMinimizing tax consequences and other costsAvoiding probateProviding adequate liquidity for the settlement of your estateTransferring ownership of your business to your beneficiariesPassing on your values, sense of responsibility, and work ethic to heirsEvery family situation is unique. We work with you and your other professional advisors, including financial planners, accountants, and/or other attorneys who are familiar with your goals and concerns to determine what options work best for you and your family and ensure their implementation.By protecting your estate and yourself, you are protecting your family and sparing them the expense, delay, and frustration that occurs when family members fail to plan. No estate plan is one size fits all. As priorities change, plans can be modified. Its never too early or too late to plan. Give us a call. Were here to help.
SPECIAL NEEDS PLANNINGParents of children with special needs often worry about how their children would survive and be cared for when their parents are no longer alive to support them. If one of your loved ones is living with a disability, you make sure that all their needs are met daily. But what would happen if you were gone?Also, over the years, parents are required to make many decisions in their childrens best interests, and those decisions are only amplified for parents with special needs children. Often, parents of special needs children dont know what questions to ask and are unaware of the many questions that inevitably will come their way. For the greatest success in securing your childrens futures, its important for parents and other family members to be prepared before its too late. Thats the role of special needs planning.Special Needs Planning involves preparing for the current and future care needs of children and adults with intellectual and/or developmental disabilities, neurocognitive disorders, and/or psychiatric illnesses. It is the best way for a parent, grandparent, and/or guardian to proactively protect and provide for children and grandchildren with disabilities both in the near and not-so-near future for care, housing, and quality of life should something unexpectedly happen to you; for 18th birthdays (automatic transfer of parental rights); for eligibility for government benefits; for change in life circumstances; planning for your childs quality of life, and for your peace of mind.Our special needs planning services include:Special (Supplemental) Needs TrustsRevocable Living Trusts with Special (Supplemental) Needs Trust ProvisionsWills with Special Needs & Spousal Trust ProvisionsGuardianships and ConservatorshipsPlanning for Age 18Planning for Eligibility for Government Benefits (SSI, Medicaid, etc.)Government Benefits AdvisementSchool Law/AdvocacyGuardianship/Conservatorship AdministrationSpecial (Supplemental) Needs Trust AdministrationSpecial needs planning is critical because individuals with special needs often are unable to make appropriate financial decisions for themselves and/or are at risk of financial exploitation by others. Equally important is to maintain eligibility for public benefits such as Supplemental Security Income (SSI) and Medicaid and enable children with special needs to have fulfilling lives.SSI is used to pay for food and housing (primary needs), but it is not nearly enough to live on. Medicaid waiver programs enable access to beneficial services and programs not accessible absent Medicaid eligibility. Generally, beneficiaries of SSI or Medicaid can have little income and, at most, $2,000 in assets. Leaving money to loved ones directly to provide for their care would jeopardize their ability to receive any help from these means-tested government programs. On top of that, the money left to them would have to be spent down to pay for primary needs previously covered by SSI instead of being used to improve the care provided and quality of life. A Special (Supplemental) Needs Trust (SNT) manages resources while also maintaining the beneficiarys eligibility for public assistance benefits.For most families, a third-party irrevocable Special SNT is the most effective way to set aside assets and funds to help the person with special needs. Cash, investment accounts, real estate, or proceeds from a life insurance policy are common ways to fund the trust. The trust can provide for the beneficiary during the parents lifetimes and will provide for the beneficiary when parents are no longer around to care for the beneficiary. Because the SNT owns the assets instead of the beneficiary, the assets are excluded from asset limit tests for SSI or Medicaid. Meanwhile, trust funds can be used to pay for quality-of-life improvements for the beneficiary, such as a phone, an iPad, computer games, trips, travel to visit family, entertainment events, and other activities. The SNT also ensures that funds are used for the benefit of your vulnerable family member and that other relatives, such as siblings, are not left with the responsibility and costs of care.Special needs planning can be a complex and confusing area of the law. Ashley Day Law, LLC will work with you to construct a comprehensive plan customized to your situation and provide you with the tools and information necessary to make sure your loved one is protected, so you have peace of mind knowing your loved one will be taken care of just as you wish.How well you do or dont plan for a special needs family member can have tremendous consequences. Give us a call. Let us help you get it right.