You Dont Have to Go Broke to Get Care

Author

Sechler Law Firm, LLC

For more information about the author, click to view their website: Sechler Law Firm, LLC

Posted on

Dec 17, 2019

Book/Edition

Pennsylvania - Greater Pittsburgh Area

Share This

In my elder law practice, it is very common to meet seniors who need nursing home or community care, but who are reluctant to seek out help because of the cost. This is understandable. Take the hypothetical case of Fred and Wilma.

Fred worked hard at the quarry for decades to accumulate sufficient retirement savings. Fred is now in his late 70s and, unfortunately, has Parkinson's Disease.

In recent months, it has become difficult for Wilma to care for him. It is getting to the point that being a care provider has started to impact Wilma's health. They know he needs help, but they are concerned that getting that care will be so expensive, Wilma will no longer be able to have a comfortable retirement.

We are fortunate to live in a part of the country with abundant quality care options. There are outstanding nursing homes and community care providers in our region. Unfortunately, many people don't take advantage of these care options due to fear of the cost.
This fear is rooted in their understanding that the government rules require someone to go broke before getting financial assistance from Medicaid. While it is true that most of Medicaid's rules are quite harsh, there are strategies available to expedite eligibility and protect assets.

For example, under the right circumstances, it is possible for Fred to transfer significant funds to Wilma in a way that she gets to keep the money. This would make Fred almost immediately eligible for Medicaid.

The truth is there are many individuals paying privately for skilled nursing care who could take steps to expedite Medicaid eligibility. However, each case is different, and you need the help of a qualified attorney to find your best strategy. The rules are complicated and there are plenty of pitfalls.

Don't fall into this trap. Don't assume you must go broke to get quality care. Under the law, there are strategies available to protect your life savings. To take advantage of these options, you need to work with a qualified attorney who can properly plan for your circumstances. If you or someone in your family needs care, call our office to learn about your options.

Editors Note: This article was submitted by Tim Sechler, Esq., a Certified Elder Law Attorney and Principal of Sechler Law Firm, LLC. See our ad on the Back Cover or contact us at 724-565-6615.

Other Articles You May Like

Going Nuts for Pistachios

Let's celebrate one of nature's most delightful offerings: the pistachio. These little green gems are not just a treat for the taste buds; they're also packed with health benefits. Let's crack open the world of pistachios and other nuts, exploring their health benefits and some delicious pistachio-based snacks.The Wonder of PistachiosA Nutty HistoryPistachios have been a cherished snack for millennia. Originating from the Middle East, they have been a symbol of wellness and robust health since ancient times. Today, they are enjoyed worldwide, known for their unique flavor and vibrant green hue.Health Benefits of Pistachios1. Heart Health: Pistachios are great for your heart. They're loaded with antioxidants, healthy fats, and fiber, which help in reducing cholesterol levels and lowering the risk of heart disease.2. Weight Management: Despite being energy-dense, pistachios have a high protein content and fiber, which can help in feeling full and preventing overeating.3. Blood Sugar Control: Their low glycemic index makes pistachios a smart snack choice for maintaining stable blood sugar levels.4. Eye Health: Pistachios contain lutein and zeaxanthin, antioxidants that are crucial for eye health.We've put together a selection of pistachio-based snacks. From roasted and salted pistachios to pistachio-infused treats, there's something for every nut lover. These snacks are perfect for a healthy, satisfying nibble.Uncanny | Pistachio Salted | 1.3oz CanWonderful | No Shell Pistachios Roasted & Salted 0.75ozconsciouSnack Obleas Pistachio Amaranth Wafers (1.05oz)B'cuz | Granola Bites Cherry Pistachio Gluten-Free Snack (1oz)A Nut for Every NeedWhile pistachios are in the spotlight today, let's not forget about the wide variety of nuts available, each with its own set of health benefits. Almonds are great for vitamin E, walnuts are rich in omega-3 fatty acids, and cashews are packed with iron and magnesium. Incorporating a mix of nuts into your diet can provide a broad spectrum of nutrients and health benefits.Visit our website - we are more than snacks, we promote wellness.  Perfect for vegans, diabetics, celiac, keto, and more...  

Paperwork...Paperwork...What Should I Keep?

PaperworkPaperworkWhat Should I keep? Sorting through the paperwork of a deceased loved one is a daunting task. It is important to know what to keep and what to discard. Here are some helpful tips.  Deeds, Titles and Vehicle RegistrationsDeeds and titles to property may not be obvious on the face of the document so it is important to read everything carefully. Keep anything that has a legal description (Lots and Blocks or Metes and Bounds), a vehicle identification number (VIN), contains the word title, deed of trust or warranty deed.  ReceiptsSome property does not have a title such as a tractor, farm equipment or certain recreational equipment. In such cases, keep the purchase receipts for this type of property. It will be useful if there is a question about ownership, the value of the property or the date it was purchased.  Bank RecordsSave all bank records and statements. These will be valuable if a dispute arises about ownership of an account, payments or distributions made from the account and to whom. Shred unused checks.  Retirement AccountsSave all statements and records pertaining to the decedents individual retirement accounts (IRAs), 401(k) plans or pension plans.  Life Insurance PoliciesSave all life insurance policies.  Social Security Paperwork and Earning StatementsSave information about the decedents Social Security account or earning statements.  Cancel the Decedents Credit Card Accounts Nowadays, identity theft is a huge issue. Contact Experian, Equifax and TransUnion to report the death of your loved one. Request the credit report be flagged as Deceased. Being proactive prevents a lot of hassle later on.  Cancel all credit cards in the deceased persons name. Also, there may be questions about the credit card purchase of certain items or property. Save credit card statements until probate of the decedents estate is complete.  Documents that contain the decedents Social Security NumberIf you find any documents with the decedents Social Security Number and you make a determination that the documents are not going to be saved, make sure it all gets shredded.  Tax RecordsKeep the decedents tax records. There may be a question about real property valuation, exemption or other issues that can be resolved by information in a tax return.   Loan PaperworkKeep all loan paperwork including loans on property or a loan the decedent made to a relative, friend, individual or organization. This may show that there is outstanding debt or money owed to the decedents estate.  Business AgreementsSometimes people have business agreements that have been documented in writing. Such agreements may contain a succession plan, what should happen with business equipment or property, or what should happen upon the death of a business partner.  Military RecordsSave all military records just in case there are benefits owed to a survivor such as a spouse, dependent child or disabled child. Some benefits are dependent upon verification of military service during war time which occurred prior to the advent of computer records. This includes photographs taken during wartime.  Birth and Marriage CertificatesSave all birth and marriage certificates. Again, for certain benefits for survivors, such certificates may be needed.  Timeframe for Keeping PaperworkIt is advisable to keep these potentially important documents until the estate of the decedent is settled, at a minimum. Otherwise keep them at least seven years and longer if possible, especially if real estate is involved.  Contact Your AttorneyYour attorney will ask you pertinent questions and give you advice about what records to keep.  You should also review your own estate plan documents to make sure they are up to date and reflect your current wishes.  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

A Will or a Trust- Which One Is Bet For You?

A  Will or Trust: Which is Best for You?When it comes to deciding whether a will or trust is best for you, it is important to understand your options and which one is most appropriate for your situation.WillA testamentary will (simply referred to as a will) is a legal document used to transfer an estate to beneficiaries after the death of the testator (a male person making the will) or testatrix (a female person making the will). Within the will, the testator or testatrix usually names a personal representative (same as an executor) for the estate. For a will to be valid in Idaho, it must meet specific requirements under Idaho law. Revocable Living TrustsA person, during his or her lifetime, may create a revocable living trust whereby the grantor (the person making the trust), trustee (the person who has legal authority to manage the trust assets) and beneficiary (the person who makes use of the trust assets) are all the same person.  After the grantor dies, depending on the trust instructions, the trust assets may be distributed outright or held within the trust and distributed over time or upon the happening of a designated event. Revocable living trusts may be appropriate for persons who own real property in more than one state or have a blended family where spouses have children from prior relationships.Testamentary Trusts A testamentary trust is a trust within a will. A testamentary trust is created upon the death of a person as specified in his or her will. The testamentary trust holds assets within the trust instead of outright distribution to a beneficiary. A common scenario is when parents create a testamentary trust to hold assets for the support of minor children or for college education for children until they reach a specified age. A testamentary trust can also hold assets for the special needs of a disabled child who receives government benefits. Does Having a Revocable Living Trust Eliminate Probate?To avoid the probate process, all assets must be transferred into the name of the revocable living trust. A common misconception is that a list of assets attached to the trust document accomplishes a transfer to the trust. However, the correct way to transfer assets requires an actual change to the title of assets including a home, certificate of deposits, bank accounts and brokerage accounts. Upon death, any assets titled in the name of an individual, not the trust, will be subject to the probate process. For this reason, when a person creates a revocable living trust, it is best to also create a will, called a pour-over-will, as a safety net to assure that upon death any assets titled in the name of an individual are transferred to the trust and distributed accordingly. In Idaho, generally speaking, the probate process can be quite simple and relatively inexpensive.A New or Updated Estate PlanWhether a will or trust is appropriate for you depends on your circumstances. If you already have a will or trust, it should be reviewed periodically to make sure it reflects your current wishes and needs or upon any significant change in your life such as divorce or death of a spouse or beneficiary. Other important estate planning documents include a general durable power of attorney, living will and durable power of attorney for health care. This article was written by Donna A. Schuyler, Attorney, who practices in the areas of estate planning, probate, trust administration, elder law, and guardianship. Donna Schuyler Law, PLLC; www.elderlawboise.com; Phone 208-344-1947

Local Services By This Author

Sechler Law Firm, LLC

Elder Law 20206 State Rte 19 Ste 300, Cranberry Township, Pennsylvania, 16066

At Sechler Law Firm, LLC, our mission is to help families make great plans. A great estate plan is more than just a set of documents. It is a comprehensive and well thought out written strategy on how to deal with lifes unfortunate twists and turns. Our process first provides you with the education necessary to make informed decisions with regard to your planning. Then we put the proper documents and legal framework in place to respond to lifes unfortunate changes.Our Estate Planning law office is headquartered in Cranberry, PA. From this office, we happily serve the residents of Cranberry, Mars, Wexford, Pittsburgh, Butler and the residents of surrounding communities. As one of the regions only Certified Elder Law Attorneys, Tim Sechler and his team often assist families from across Western Pennsylvania.We understand that the pursuit of health, wealth and happiness is the goal of most families. We want you to be able to pursue these goals, or whatever goals you may have, knowing that you have a back up plan if life throws you a curveball like a death, disability or nursing home need. With education as our foundation, we will work with you to make decisions to Shield What Matters Most to you.Practice AreasEstate PlanningCustomized planning doesnt have to be difficult for you. We strive to make the process easy. The first step is to identify your concerns so that we can make suggestions regarding your plan.Elder Law Crisis PlanningA significant percentage of our practice is dedicated to helping families navigate the long term care maze. We help with Asset Protection and eligibility for Medicaid and Veterans Benefits.Trust And Estate AdministrationIf you have lost a loved one, we can help you take the necessary steps to help handle their affairs.Tims estate planning practice is focused on guiding clients through the complicated maze of balancing transfer strategies, wealth preservation, and family values in the planning process.Tim is a Combat Veteran, having served in Afghanistan as a member of the West Virginia Air National Guard. Prior to leaving the military, Tim had attained the rank of Staff Sergeant. His experiences in the military have led him to thoroughly enjoy working with Veterans and their families.Tim received his law degree from Duquesne University School of Law, and his Master of Business Administration from the Duquesne University Donahue Graduate School of Business. He received his Bachelor of Science in Business Administration from West Virginia University, majoring in Finance. Tim is licensed to practice Law in Pennsylvania and West Virginia.Recently, Tim has been seen frequently as a guest on KDKAs Pittsburgh Today Live, and has been quoted in several local print publications. For the last several years, he has been honored to be chosen as a Super Lawyers Rising Star, an award given to less than 2.5% of Tims peers. Tim enjoys educating the public about Elder Law and Estate Planning. He has spoken to thousands of people regarding estate planning and has averaged more than 50 speaking events per year.Tim became a Certified Elder Law Attorney* in 2017. A CELA is more than just an attorney who specializes in the field of elder law. CELAs are committed, through certification, to maintaining and improving their proficiency with continual practice and continuing legal education. Becoming certified in elder law validates a lawyers specialty to handle issues that affect senior citizens.Tim and his wife, Robyn, are raising three beautiful children in their home in Mars, PA.*Certified as an Elder Law Attorney by the National Elder Law Foundation.