The Best Time to Plan is Before you Need Assistance

Posted on

Jan 05, 2019

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Im not going to a nursing home, I want to stay in my own home.

Unfortunately, physical and mental capacity issues may require additional care that is difficult and extraordinarily expensive in your home. Transitioning into an assisted living or skilled nursing facility can be exhausting and expensive. Proper advanced Medicaid planning with an Elder Law attorney can help you find the government resources to pay for a majority of your health care costs. The best time to plan is before you need assistance.
SKILLED NURSING FACILITY My individual medical care needs are more than family caregivers or assisted living facilities can provide.
You or a family member may be in a position where they need immediate skilled nursing care. It is important to make sure you consult an elder law attorney before applying for Medicaid. Applying before you meet the income test and asset test can be a major setback on the path to obtaining financial assistance. Each month you do not qualify may result in major financial loss.
ASSISTED LIVING FACILITY I need assistance with Activities of Daily Living (ADLs).
While it is a difficult decision to move into an assisted living facility, often it is the best decision for you and your family. To ease the financial burden, it is necessary to prepare for any future medical issues that may happen down the road. While full cost-of-care Medicaid coverage is not automatically available for Assisted Living, there are discretionary government programs that you may qualify for, including the Medicaid Diversion program.
INDEPENDENT LIVING FACILITY I am fully capable of handling daily activities on my own, but it is nice knowing that I have assistance nearby when needed.
While less expensive than assisted living or skilled nursing, independent living still comes at a high cost. There are numerous legal and financial planning techniques available to help preserve your hard-earned money. These techniques may be used to put you in a position to cover the cost of long-term care.
Elder law is an important piece of estate planning that will help you establish a plan to cover the high costs of long-term care and preserve your estate for your family. While it is important to ask for help at any stage when seeking long-term care, remember to plan early and plan often. Preparing well in advance of any major health issues can save you money and also save you years of stress and aggravation down the line. Please consult with your advisors to develop a long-term care plan that is right for you and your family.

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Empowering Caregivers with Knowledge on Stroke Prevention

As a significant and life-altering medical condition, roughly 800,000 Americans every year experience a stroke most of whom are aged 65 and older. As a result, families in communities across America, including Cape Coral, must prioritize stroke prevention and stroke care to help ensure their aging loved ones health and well-being. Read on to learn more about strokes, stroke prevention tips, and what to look for if you suspect someone close to you might be experiencing a stroke.What is a Stroke?A stroke, or cerebrovascular accident, occurs when the blood supply to the brain is interrupted or reduced, leading to brain cell oxygen and nutrient deprivation. Because strokes target the brain, they can potentially cause temporary paralysis, a permanent disability, or even death. There are two main types of strokes: ischemic and hemorrhagic. An ischemic stroke results from a blockage in a blood vessel supplying the brain, while a hemorrhagic stroke occurs when a blood vessel inside the brain ruptures.Stroke Prevention Risk FactorsThese risk factors increase the likelihood of having a stroke:High blood pressureDiabetesElevated cholesterol levelsCigarette smokingDrinking alcohol to excessObesityPhysical inactivityFamily history of strokeAge (risk increases with age)Previous history of stroke or transient ischemic attack (TIA)When assisting loved ones, family caregivers must understand these risk factors and work towards minimizing them to help prevent a stroke from occurring.Stroke Care Tips for Family Caregivers in Cape CoralRecognizing the early warning signs of a stroke and knowing what to do in an emergency is vital for family caregivers. The FAST method is a reliable way to spot stroke warning signs:F = Face Drooping  Does one side of the face droop or is it numb? Ask the person to smile. Is their smile uneven?A = Arm Weakness  Is one arm weak or numb? When they raise both arms, does one arm drift downward?S = Speech Difficulty  Is their speech slurred?T = Time to Dial 911  Stroke is an emergency in which every minute counts. Call 911 immediately and note the time the symptoms first appeared.Additional stroke symptoms include:Leg, face, or arm numbness or weakness, notably on one side of the bodyConfusion, difficulty speaking or understanding speechBlurred vision in one or both eyesDifficulty walking, dizziness, loss of balance or coordinationSevered headache with no known causeIf a loved one is experiencing any of the above, you must act quickly. Call emergency services immediately and note the time when the symptoms first appeared. Do not wait to see if the symptoms improve on their own, as timely intervention can make a significant difference in the outcome of a stroke.How to Devise an Effective Stroke Prevention StrategyIn addition to being prepared for a stroke emergency, family caregivers can also take proactive steps to prevent strokes from occurring. Here are some stroke prevention tips and strategies for anyone looking after a senior or other high-risk individual:Manage Risk FactorsWork with healthcare professionals to monitor and control conditions such as high blood pressure, diabetes, and elevated cholesterol. Encourage healthy lifestyle choices, including regular exercise, a well-balanced diet, and avoiding smoking and excessive alcohol consumption.Medication ManagementEnsure prescribed medications are taken as directed and that regular follow-up appointments with healthcare providers are maintained. Medication compliance is vital in managing conditions that increase the risk of stroke.Physical ActivityOnce cleared by their doctor, encourage regular physical activity tailored to the individuals abilities and preferences. Exercising for at least 20 minutes, 3 to 5X per week, can help maintain a healthy weight, lower blood pressure, and improve cardiovascular health, reducing ones stroke risk.Stress ManagementHelp your loved one manage stress through relaxation techniques, mindfulness practices, and activities they enjoy, as chronic stress can exacerbate high blood pressure and other stroke risk factors.Regular Health CheckupsEnsure your loved one gets tested regularly, including blood pressure checks, cholesterol tests, and diabetes screenings. Early detection and management of these conditions can help prevent strokes.Learn All You CanStay informed on the latest stroke research and stroke prevention guidelines. 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Here are some ways in-home caregivers can help aging, ill, or disabled individuals reduce their stroke risk:Medication SupervisionHome care providers help clients adhere to their prescribed medications, ensuring they are taken on time and on dose. Proper medication management is essential in controlling conditions such as high blood pressure, diabetes, and high cholesterol significant stroke risk factors.Lifestyle SupportIn-home caregivers know how to help clients adopt and maintain healthy lifestyles. This role may include encouraging regular physical activity, preparing nutritious meals, and promoting habits that help clients manage stress and maintain their well-being. Promoting healthy lifestyles is an impactful way for home care providers to help reduce the risk of strokes.Health Condition MonitoringIn-home caregivers are trained to monitor their clients vital signs, including blood pressure and blood sugar. Routinely monitoring these key health indicators allows caregivers to identify any changes or abnormalities early on and take appropriate action to prevent complications that could cause a stroke.Education and AwarenessReputable home care providers educate clients and their families about stroke risk factors, warning signs, and preventive strategies. Through raising awareness and providing practical information, caregivers empower individuals to make better-informed decisions about their health and proactively implement measures to reduce their risk of stroke.In conclusion, home care plays a vital role in stroke prevention by offering personalized support, health condition monitoring, promoting healthy habits, and educating individuals about stroke prevention strategies. Partnering with home care providers helps at-risk individuals receive the support and guidance they need, reducing their likelihood of experiencing a life-altering stroke. As an additional benefit, professional in-home caregivers also give family caregivers peace of mind knowing their loved ones are in capable hands!Dignified In-Home Stroke Prevention and Recovery Care in Cape CoralHelping a loved one prevent a stroke or recover afterward can be overwhelming. When you need assistance, contact Seaside Home Health Care. As a fully licensed and accredited home care provider, our highly trained professionals can provide the dignified Stroke Prevention or Stroke Recovery Care your loved one deserves. 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The Perfect Estate Plan for Baby Boomers?

As an estate planning and elder law attorney, I am becoming increasingly frustrated to see how the long term care system is failing our seniors. I had a conversation with a client this week, who feels that the government programs supporting seniors are broken. My clients mom is in a nursing home and we are assisting them to get Medicaid eligibility to pay the nursing home. What he said really resonated with me, because people are continuing to go broke due to the long term care system.In a recent podcast, I discussed the article that was published in the news, about the baby boomers being the wealthiest generation in history. However, 70% of the wealth is concentrated in 7% of the population. Most of the people we work with are the middle-class baby boomers, who are part of the other 93% population. They own their house and have some money in the bank. Most of them have worked for 40-50 years trying to save a nest egg for their retirement. They have been sold this story that they will have healthcare coverage with Medicare when they retire at 65, and believe they will be taken care of should they get sick.Medicare Wont Pay for Long Term CareUnfortunately, Medicare wont pay for long term care. We help many families every month, going through the process of trying to gain eligibility for Medicaid benefits to pay for long term care. This requires some dramatic legal moves and I can appreciate why my clients feel so frustrated.On the long term care website, I read that around 70% of baby boomers are going to need some form of long term care if they get dementia or Alzheimers. Added to that, 20% of those seniors will need long term care for more than five years. Given the cost of nursing homes in this country, which is $150,000 a year, this is unaffordable for most families.The Future is Uncertain, But We Can Still PlanWe dont know what the future holds, and we cannot prevent the likelihood of getting dementia. However, we can take steps to protect ourselves and avoid going broke. If I end up with dementia, I want to make sure my wife has a house to live in and some money in the bank. We meet many families who want to protect themselves from this system, and ask us to advise them. Some people tell us they already have a will and want to know why they need an estate plan. I understand their confusion when I advise my clients that they need more than a Will. It is unfortunate that the attorney they worked with previously, only offered them a Will. This could be because they met with attorneys who work with clients that have a high net worth. They may also have gone to a general practice law firm, who deals with divorces, traffic tickets and Wills, and not estate planning. The attorneys, financial advisors, tax man and nursing homes know that there are ways to avoid seniors going broke, but none of them are doing anything to help.A Will Is Not EnoughA Will only states who will get your stuff when you pass away. Estate planning is not only about who gets your stuff when you pass away but it helps to provide a sense of security, by protecting your house and money. You have worked for your money, and you should keep it not the government or the nursing home. I want to ensure you have a peaceful retirement, without worrying about going broke to pay for long term care. If you need more than five years of long term care, you definitely want to protect your assets.Many of my clients like to use trusts, and I recommend putting your house and some money into an irrevocable asset protection trust. This means that after five years, the house is safe from any claims from the nursing home. You would have to give up access to the equity of the house, assuming of course you wont need to do a reverse mortgage. You also wont receive a distribution from the trust. However, you can still live in your home, but the difference is your house is now protected from the nursing home if you get sick.You Can Avoid ProbateIf you have IRAs, they will need to be beneficiary designated, and will avoid probate. You can put any other money you have that you want access to, in a revocable trust. Having your house in the asset protection trust and money in a revocable trust, will allow you to avoid probate. Your life wont change, but a large percentage of your net worth is protected from long term care costs. This in my opinion is a much better estate plan for you.We will help you to establish a Power of Attorney, as well as health care planning. The result of planning like this, is that you dont have to worry about the nursing home, or probate. We also teach your children, who are the future executors and trustees, about their future roles and responsibilities. Handing legal documents to your adult child and expecting them to know what to do is unfair and unrealistic. Do The Right Thing Get An Estate Plan To learn more about doing good planning for your family, come to one of our Three Secrets Workshops. I am sure you want to have a good retirement without worrying about anything intercepting your inheritance to your kids. Our free workshops will teach you all you need to know to make informed decisions. You will then be able to have the best estate plan for you and your family. By offering the education in a classroom setting, it makes it more affordable for you to do estate planning. Visit sechlerlawfirm.com/workshops to register for a workshop now.

Why You Need To Do A Trust For Your Kids

Why You Need To Do A Trust For Your KidsIf you have been listening to my radio shows or podcasts, and reading my blogs, you will know that I have focused a lot on estate planning for retirees, or soon to be retirees, and how to protect their stuff and their family from the issues that they face. These include care costs, eventual probate expenses and taxes. For most of my career I have been dedicated to working through those issues. In fact, my law firm exists because I watched my own grandfather go through all of this money paying for care. Sadly he was battling Alzheimers disease and spent many years in a nursing home. Having spent so many years working on elder law issues, weve become to know how to properly plan for these issues. Working With Young FamiliesRecently weve been working with folks from a young family demographic. My wife and I recently redid our own personal estate plan because our children are getting older, and there are changes in our financial situation too. It is necessary every few years to see if our estate plan does what we want it to do. Most of us learn from our experiences and the situations we find ourselves in, and how to respond the next time. Thats one of the one of the great things about life because we get to learn from mistakes and challenges. Ive been through some challenges with some families that are similarly situated to mine, when has thrown them a curveball. Many of them have had to deal with injuries, disabilities and deaths, as well as unexpected situations. This has made me realise the importance of needing to plan when it comes to younger families. We actually have an entire webinar series for younger families, called Five Secrets to Protect Your Family. We teach you the things you need to know to protect your kids from the cradle to college. Raising Good HumansAs parents of young children, I think our primary job is to raise good humans who will be happy and self sufficient. Hopefully they will find careers that theyre passionate about and a spouse they love and are happy with. Eventually they will have their own kids and it is my job to prepare them for that. I think we also need to accept that our duty of raising good humans who will outlive us, is something we need to plan for too. We need to also face the reality that although it would be devastating if both parents passed away suddenly, there needs to be plan in place for the kids to be taken care of.A Simple Will Is Not EnoughUnfortunately, most young parents of young kids dont actually plan for this. Most young families only have a will which will name who gets the stuff when they pass away. Most young families often dont have many assets, so it is important for them to buy life insurance. You would definitely need life insurance or a retirement account. While it is not enough to only have a Will, it can be used to do some planning. You would need to name an executor who will administer your estate, and guardians for your kids. A guardian would essentially step into your shoes if you pass away. However, guardianship ends when your child is 18 years of age. While they are considered an adult at age 18, leaving money to your 18 year old could be a big mistake for many reasons. I know that people will advise you that you only need a simple Will, which states that everything is left to your spouse and then to your kids. If your kid is a minor when they inherit money, your kid will get their money in a Uniform Transfer to Minors Act Account. This means that somebody else would be in control of the money, until the kid turns 21. However, after the age of 21, your kid is on their own. If I think about it, if at the age of 21 I had been left an inheritance of a million dollars, I would not have make good decisions with spending the money. I dont believe most 21 year old kids would know what to do either. This illustrates why it is not enough to just have a Will, and why one needs to plan for all eventualities.Why You Should Create a Trust for Your ChildI would encourage you to create trusts. The Trust has certain terms and conditions to determine what will happen with the money. Wills have to go through probate which is the court administration process for administering the Will. What happens when somebody passes away with a Will, the executor cant do anything until the judge allows him and it becomes a court process. The Will is then mailed to the beneficiaries, with details of what theyre allowed to have. This can take weeks or months to find out what the deceased owned. The probate process is a time consuming task and also expensive, and we advise to avoid it if possible. This is exactly why we suggest using a trust.Divorce is a Financial ThreatRather than giving the money to your kids outright, the money is held in a separate trust until they reach the age which you determine is suitable. This is known as an underage trust and it protects the kids from their own poor decisions as a youngster. When your child reaches the age you have agreed upon which is often 25 or 30, for them to receive their inheritance, the trust then terminates. However, you need to consider protecting your kids from the next potential issue and the biggest financial threat for adults in their 20s and 30s, which is divorce. What I like to do is for my kid to become a trustee on the trust. Were not distributing the money so it doesnt become a marital asset. It would also be protected from the general creditors, divorces and lawsuits. The money is held in trust for my kid until they turn 25 and can get control of the trust. This is effective estate planning and is more important than having a simple Will. It often happens that most people just do beneficiary designations on their life insurance policies. When the parent passes away, the kids get their money on their 21st birthday. This is not a good idea and it is better for that money to be in a trust. Having a good estate plan in place helps you to do your job as a parent and raise good people.Register for our Webinar for Young Families This is all possible when you start with education because educated decisions are better decisions. Thats why we offer a free webinar called Five Secrets to Protect your family. You can find it sechlerlawfirm.com/workshops. We teach you a lot of the things you need to know about how trusts work. We also share other important information you need to know. Join us!