Thursday, December 20, 2018

Homeowner and Reverse Mortgage Scams

Homeowners beware! Another potential source of financial scam is through reverse mortgage scams. Direct mail pieces, emails, even TV ads, promote that these “financial advisors” can exponentially increase the potential monetary value of your home or property. Sometimes these written pieces seem official and appear to be written “on behalf” of an official from your county, like The County Assessor.  This letter may state the assessed value of the property and give the homeowner the chance for a reassessment of not only the property value, but also the taxes associated with it. These con artists use public information and twist it through false advertising into a financial scam to get you to provide them with funds.

For more information on reverse mortgage scams, investment schemes and other types of fraud targeting the elderly, be sure to visit our Resources page to receive a free copy of our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Homeowner and Reverse Mortgage Scams appeared first on Scott Counsel.



source http://www.scottcounsel.com/homeowner-and-reverse-mortgage-scams/

Wednesday, December 19, 2018

Investment Schemes

In a perfect world, most adults begin saving and planning for their retirement well before they are actually able to retire. This careful planning and management of funds can make seniors susceptible targets of investment schemes. Investment schemes can come in many forms. Everybody knows about the infamous Ponzi scheme –  a pyramid scheme that gives the appearance of earnings and profits when they really do not exist. Then you hear crazy stories about a Nigerian prince needing an heir to share in his newly discovered inheritance or other similarly concocted nonsense.  Regardless of the type of investment scheme, they are a way for scammers and con artists to get rich quick off elderly and vulnerable individuals.

For more information on investment schemes and various other scams perpetrated against seniors, check out the Resources page for a free download of our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and guide you in a secure plan for your future.

The post Investment Schemes appeared first on Scott Counsel.



source http://www.scottcounsel.com/investment-schemes/

Tuesday, December 18, 2018

Counterfeit Prescription Drugs

Obtaining medical prescriptions online has become increasingly easy and prevalent. Savvy shoppers are learning to do their due diligence and research rather than just fill prescriptions at their local pharmacy. Many online retailers offer greater discounts in bulk amounts with expedited ease. However, there is a sordid side to getting online prescriptions filled. There is a high incidence of counterfeit prescription drugs being made and used to fill every day orders. This is a very common scam that the Food and Drug Administration (FDA) is tracking.

Besides the danger of ingesting something harmful or NOT ingesting the medicine you really need, you are now transmitting your financial information to online con artists. We highly recommend you always verify that you are using approved vendors for medical and financial purchases.

For information on this and many other types of scams targeting the elderly, be sure to check out the Resources page for a free download of our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Counterfeit Prescription Drugs appeared first on Scott Counsel.



source http://www.scottcounsel.com/counterfeit-prescription-drugs/

Monday, December 17, 2018

Medicare and Health Insurance Scams

Who is eligible for Medicare? Generally Medicare is available to people 65 or over, younger people with disabilities and people with end stage renal disease (www.hhs.gov). Medicare has two parts: Part A (hospital insurance) and Part B (Medicare insurance). There are eligibility requirements; which you can find online at www.hhs.gov (U.S. Department of Health & Human Services).

Why are we highlighting Medicare? There are many ways for crooks and financial scammers to find out your age, where you worked, if you paid taxes, where you live, and surmise if you are eligible for Medicare. Some scammers may pretend to be representatives of Medicare in an effort to coax personal information from their targets. Taking it to the next level, there are even reports of fake mobilized clinics where unlicensed services were performed and then Medicare was billed.

For more information on this and other types of scams that con artists used to target the elderly, be sure to check out our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones from our Free Resources page.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Medicare and Health Insurance Scams appeared first on Scott Counsel.



source http://www.scottcounsel.com/medicare-and-health-insurance-scams/

Sunday, December 16, 2018

Internet Fraud

There’s no denying the fact that the Internet is a huge part of daily life for millions of people in today’s society. For younger adults and children, learning to navigate the complexities of the world wide web is easier and is part of daily routines.  This familiarity with using the Internet consistently and regularly leads to the belief that younger people are more likely to recognize internet scams or fraud and avoid them. The same may not be said for seniors and the elderly. Since some older adults tend to have limited access to the Internet, they unknowingly become easier targets for scammers when they do start going online more frequently.

Potential situations that could arise include: falling victim to some pesky pop-up ads claiming their computer is infected with a virus and that a “free scan” (from a fraudulent anti-virus program) is needed to get rid of it. There is also potential that the scan may con the Internet user out of a great deal of his or her money, or even infect the computer with an actual virus that exposes all of the computer’s information to scammers and con artists.

Another internet scam that seniors often fall prey to comes in the form of email or phishing scams. In these types of scams, he or she may get an email from a seemingly legitimate company asking them to either update or confirm any personal information. Another such email scam may even appear to be coming from the IRS regarding a tax refund. We find it is vitally important that seniors and the elderly learn about how to protect themselves online, There clearly are advantages in learning how to use the Internet; we strongly recommend finding safe and proper ways to do so.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Internet Fraud appeared first on Scott Counsel.



source http://www.scottcounsel.com/internet-fraud/

Friday, December 14, 2018

Funeral and Cemetery Scams

Losing a loved one is hard enough on its own without also having to worry about fraud on top of it. The sad truth, however, is that there are two types of funeral and cemetery scams that target seniors, according to the Federal Bureau of Investigation.

The first comes in the form of scammers and con artists reading obituaries or either calling or attending a funeral service of someone they don’t even know for the express purpose of taking advantage of the stranger’s grieving loved ones. They may make claims that the individual had an outstanding debt with them in an effort to extort money from relatives.

The second type of scam comes from funeral homes that are in disrepute. These facilities will often take advantage of a person’s unfamiliarity with just how much a funeral costs in order to get unsuspecting family members to pay for extra services they do not need–thereby adding to the bill and putting more money in the pockets of the funeral home. As an example, in this type of scam, a funeral director may insist on using a casket even if a cremation is to be performed.

For more information on the different types of scams that target seniors, and how to watch out for them, make sure to visit our free resources page to download of copy of Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Funeral and Cemetery Scams appeared first on Scott Counsel.



source http://www.scottcounsel.com/funeral-and-cemetery-scams/

Thursday, December 13, 2018

Fraudulent Anti-Aging Products

The unfortunate truth of today’s society is that each and every person is expected to be young, vibrant, and beautiful 24 hours a day, seven days a week. Think about how many different anti-aging products you see commercials for everyday. Even people who don’t seem to actually need anti-aging products are using them! So, is it really any surprise that unsuspecting older adults and seniors can become easy targets for scammers promising the newest and best in anti-aging products? After all, there are some who may feel it is necessary to hide their true age via “miracle” products in order to feel more accepted in social circles or society in general.

It is the above mindset, then, that pushes older adults to look for the next best way to keep up a more youthful look and erase any wrinkles and signs of aging -often through treatments or medications- and this is where scammers will come into play. They may promise younger, better-looking skin through Botox scams or some type of homeopathic remedy that doesn’t actually remedy anything at all.

Scams involving Botox can be quite dangerous, since many labs creating fake Botox are often working with the real root ingredient, botulism neurotoxin. This is, in fact, one of the most toxic substances there is, and these fake miracle products can often produce side effects far more dangerous to a person and his or her health than simple wrinkles or droopy skin. A person’s life can literally be at stake, so it is important to be on your guard when it comes to any kind of beauty or anti-aging product that seems suspicious.

 

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Fraudulent Anti-Aging Products appeared first on Scott Counsel.



source http://www.scottcounsel.com/fraudulent-anti-aging-products/

Tuesday, December 11, 2018

Top Ten Senior Financial Scams

The unfortunate truth is that seniors and the elderly are often easy targets when it comes to financial scams. The reason for this is because financial scams against the elderly go unreported for a number of reasons, not the least of which is simple embarrassment. In fact, financial scams are so prevalent among the elderly for the simple reason that seniors and the elderly are often thought to have a large sum of money in their bank account. Oftentimes, financial scams and crimes can be difficult to prosecute, and, as such, are considered to be “low-risk” crimes. However, this is simply not the case, as financial scams can leave anyone (but especially the elderly) incredibly vulnerable with not much (if any) time to get back all the money they lost.

While you may think that a majority of targeted seniors are wealthy, this too is a misconception. Those older adults with lower incomes can also become targets for scams, and the surprising truth is that, oftentimes, it isn’t a complete stranger perpetrating the crime. More than 90% of elder abuse–including financial scams–are committed by someone close to the elder, even family members.

So, what are the top ten financial scams against seniors? Let’s take a look:

1. Medicare and health insurance scams

2. Counterfeit prescription drugs

3. Funeral and cemetery scams

4. Fraudulent anti-aging products

5. Telemarketing and phone scams

6. Internet fraud

7. Investment schemes

8. Homeowner and reverse mortgage scams

9. Sweepstakes and lottery scams

10. The grandparent scam

We’ll be covering many of these a bit more in-depth over the course of several individual articles, but this was just a simple overview to show just how prevalent financial scams against the elderly can be and are. If you would like more information on this subject right now, you can check out our book, Senior Shakedown: The Unknown Dangers of Getting Old, and How to Protect Your Loved Ones by visiting the Free Resources page of the site.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Top Ten Senior Financial Scams appeared first on Scott Counsel.



source http://www.scottcounsel.com/top-ten-senior-financial-scams/

How to Set Up a Funeral Trust

There are multiple ways a funeral trust may be set up:

  • It may be set up directly through the funeral services provider.
  • You can find someone who deals with funeral trusts specifically via the internet to walk you through the process.
  • Funeral trusts are also sold through insurance companies, and any such trusts are normally funded via single-premium whole life insurance.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post How to Set Up a Funeral Trust appeared first on Scott Counsel.



source http://www.scottcounsel.com/how-to-set-up-a-funeral-trust/

Sunday, December 9, 2018

Advantages and Disadvantages of a Funeral Trust

Just like a great many things in life, there are both advantages and disadvantages to having a funeral trust, so let’s look at them now.

Advantages

If you already have a funeral trust in place, any other relative or person, or the funeral home will be able to handle any arrangements you have when needed. Another advantage comes in the form of the possibility of increasing your potential eligibility to receive long-term care benefits through Medicaid–thanks to the Medicaid Funeral Trust. If the trust is funded with life insurance, you will also have no taxable income to report, as life insurance cash values grow tax deferred.

Disadvantages

If you are considering using a funeral trust, you should ensure that an independent trustee is in place in order to make sure that the funeral bill is reasonable and to pay out any excess to the family. You’ll also need to make sure that the proceeds in the trust will be an acceptable form of payment prior to naming the funeral home as a trustee or beneficiary. You’ll also have to make sure that all of your information is current. Also, if you happen to move, you should make sure to change the trustee and beneficiary to the new funeral home. Also important, remember to provide either your executor or all of your heirs with a copy of the trust along with any contact information you have for the funeral home and beneficiary (if different).

If you don’t, any income from assets in the trust could be taxed to you as the creator.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Advantages and Disadvantages of a Funeral Trust appeared first on Scott Counsel.



source http://www.scottcounsel.com/advantages-and-disadvantages-of-a-funeral-trust/

Thursday, December 6, 2018

What Expenses Are Paid For By a Funeral Trust?

The following expenses are paid for via a Funeral Trust:

  • Basic Services of Funeral Director and Staff
  • Other Professional Services
  • Embalming
  • Other Care of Deceased
  • Funeral Home Facilities and/or Staff Services
  • Casket
  • Cemetery Charges
  • Cemetery and Burial Plot
  • Other Funeral Merchandise

You can read more about Medicaid Funeral Trusts here.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post What Expenses Are Paid For By a Funeral Trust? appeared first on Scott Counsel.



source http://www.scottcounsel.com/what-expenses-are-paid-for-by-a-funeral-trust/

Wednesday, December 5, 2018

What is a Medicaid Funeral Trust?

It is possible that, in your search for answers to questions regarding Medicaid, you may have seen the term Medicaid Funeral Trust come up at some point. But what exactly is a Medicaid Funeral Trust?

The Internal Revenue Service defines a funeral trust simply as a fund of pooled income that is set up either via the funeral home or cemetery. The trust is funded by any property (normally cash, bonds, or life insurance) that a person transfers into it with the express purpose of covering both funeral and burial costs.

More often that not, the funeral trust is entered into directly with the funeral home itself, and the funeral home may potentially agree to lock in costs for any future funeral or burial services at a predetermined (and agreed upon) price.

The funeral home may also serve as trustee for the trust as well.

A funeral trust may be either revocable or irrevocable. An irrevocable trust cannot be dissolved until all terms of the trust have been met. With an irrevocable trust, this means that the creator of the trust must die before the terms and assets in the trust can go to work—thanks to wording in the trust that states that assets cannot be paid until death. However, it is important to note that an irrevocable funeral trust CANNOT be dissolved by any person or entity (not even the creator of the trust) for any reason whatsoever. Neither can anyone have access to any assets placed in the trust at any time.

Conversely, a revocable trust can be created by anyone and then dissolved by the creator at a later date. When the trust is dissolved, any remaining assets in the trust will then go back to the ownership status they had prior to being placed in the trust.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post What is a Medicaid Funeral Trust? appeared first on Scott Counsel.



source http://www.scottcounsel.com/what-is-a-medicaid-funeral-trust/

Tuesday, December 4, 2018

Medicaid Liens

When Medicaid pays for benefits on behalf of their enrollees, they make that money back in the form of what is known as a Medicaid lien. For individuals aged 55 and up, states are required to recover payments via the person’s estate for things like nursing facility services, home and community-based services, and any and all related hospital and prescription drug services.

There are certain situations in which any money remaining in a trust after a Medicaid enrollee passes away can be used to reimburse Medicaid. However, states cannot reimburse money from the estate of a deceased person if he or she has a spouse that’s still alive, a child under age 21, or one who is blind or disabled, regardless of age. The states are also required to waive estate recovery when not doing so would cause undue hardship.

However, states may also impose some liens for Medicaid benefits that had been paid incorrectly in an effort to receive judgment by the court. They may also impose liens on any real property during the lifetime of a Medicaid enrollee who is institutionalized permanently. Exceptions are as follows: a spouse, child under age 21, a blind or disabled child (regardless of age) are living in the house, or there is a sibling who has an equity interest in the home.

It is required by law, however, for states to remove the Medicaid lien when the enrollee is discharged from the facility or hospital and returns home.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Medicaid Liens appeared first on Scott Counsel.



source http://www.scottcounsel.com/medicaid-liens/

Financial Documents and Care Planning

It is vital to begin preparing for any potential long-term care needs now, even if the need is not imminent. When it comes to planning for long-term care, there’s a lot to consider. You’ll want to make decisions on things like:

  • Housing
  • Health-related matters
  • Legal matters
  • Financial matters

There are a multitude of documents related to each of those points, and it can be quite confusing figuring out exactly what documents you actually need. To make legal decisions, there are three documents that are highly recommended. They are:

  • Health Care Power of Attorney
  • A Living Will (also called an Advanced Directive)
  • A DNR (do-not-resuscitate order), if desired.

Health Care Power of Attorney

Also known as a durable power of attorney for health care, this document is one that names and gives someone the ability to make medical decisions on your behalf. Whomever you choose needs to both understand and respect any values and beliefs you have regarding your health care. It is important to talk with the person before naming them as your agent in order to make sure they are comfortable assuming the role.

Living Will

This document is also called a health care directive, and it keeps track of any of your wishes for medical treatment approaching the end of life. It should clearly state which types of life-sustaining treatments you do or do not wish to receive if you are considered terminally ill, permanently unconscious, or are in the end stages of a fatal illness. For instance, a living will can state whether you want to receive artificial breathing if you can no longer breath on your own. You can learn more about living wills by clicking the links.

Do-Not-Resuscitate (DNR) Order

A DNR order informs health care providers you do not wish to be revived through CPR or other forms of life support if you stop breathing or your heart stops beating. It should be signed by a health care provider and inserted in your medical chart. Hospitals and long-term care facilities have these forms that a staff member can assist you in filling out. A DNR order is not required.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Financial Documents and Care Planning appeared first on Scott Counsel.



source http://www.scottcounsel.com/financial-documents-and-care-planning/

Sunday, December 2, 2018

Financial Planning and Budgets

Financial issues are a sore spot for a lot of folks, and many of them often have trouble in planning out their finances and properly managing a budget. You might not even know there’s a difference between the two, but in fact there is:

Budgets

A budget is simply something that people can use that lets them break down each of their expenses into categories over a certain time period (like weekly, monthly, or yearly). It is a guideline to follow in order to help with spending.

Each individual expense is placed into the budget and then added together for the total. This is then subtracted against the total amount of income made during the same time period. What results is the amount of money that can be saved during that period. To save more money, for example, expenditures can be changed or dropped from the budget altogether (if possible).

Financial Plans

A financial plan is a tool that people use to help them achieve their long-term financial goals. Since it breaks down expenditures as well, it is similar to a budget in this manner. However, a financial plan is much more focused on the end goal(s) and is oriented toward achieving them.

As an example, if you want to save a certain amount of money in order to retire, a financial plan would be the outline you would use in order to reach that goal. While indeed similar to budgets, financial plans differ in that they are focused more on income and assets—things like bank accounts, pensions, home equity, etc. A financial plan can also provide an estimate for how much money can be made with socks, bonds, mutual funds, 401Ks, and the like.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Financial Planning and Budgets appeared first on Scott Counsel.



source http://www.scottcounsel.com/financial-planning-and-budgets/

Friday, November 30, 2018

Understanding VA Pensions

Thanks to the pension program provided to veterans by Veterans’ Affairs, those wartime veterans (and their survivors) who need financial help can receive benefit payments every month. Let’s look at some vital information both veterans and survivors should know regarding the pension program. But first, let’s answer this question:

What are Pension Benefits?

Simply put, pension is a benefit that is based on need and is paid to a wartime veteran and his or her survivor(s). A veteran can be eligible if he or she:

  • Was discharged from service under other than dishonorable conditions, AND
  • Served 90 days or more of active military, naval or air service with at least 1 day being during the war period, AND
  • His or her income is below the maximum annual pension rate, AND
  • Meets the net worth limitations, AND
  • Is aged 65 or above, OR is shown via evidence to have a permanent and total non-service-connected disability, OR is a patient in a nursing home, OR is receiving Social Security disability benefits.

Those who began active duty after September 7, 1980 must also have served a minimum of two years of active duty service. If the entirety of service is less than 24 months, the veteran must have completed his or her entire tour of duty.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

 

The post Understanding VA Pensions appeared first on Scott Counsel.



source http://www.scottcounsel.com/understanding-va-pensions/

Thursday, November 29, 2018

The Need for Other Private Support Services

As much as we might like to think otherwise, sometimes we just aren’t able to do everything ourselves. Caring for an elderly loved one means trying to meet a multitude of ever-growing needs, and it can all be more than a little overwhelming.

That’s where having other types of support services available to you can be a big relief when it comes to caring for your loved one(s). But where do you start? A good place to begin would be by meeting with an elder law attorney. Together, you can begin your search of the right type of support service that will meet the specific needs of your loved one, and provide you and your family with the peace of mind that your loved one is receiving the best care possible.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post The Need for Other Private Support Services appeared first on Scott Counsel.



source http://www.scottcounsel.com/the-need-for-other-private-support-services/

Wednesday, November 28, 2018

Touring a Care Facility

As a caregiver or family member, if you’re thinking of putting your loved one in the care of a long-term care facility, it is a great idea to make a point to tour any prospective facilities. Doing so is a vital step in ensuring your loved one gets the right care for his or her own specific needs. Many people may even recommend multiple visits to facilities when you’re making decisions. For the first visit, however, you’re going to want to make an appointment through the admissions director to tour the facility during the weekday. The best times to see what daily life is like at the facility is in the late morning or midday hours.

Be on lookout for any bad smells, residents who might be strapped into wheelchairs, and staff who seem to ignore residents in general. One of the best ways to help you get an idea of life in the facility is to speak with the residents directly, but trust your instincts too. If something doesn’t seem right, it likely is not.

While touring the facility, be sure and ask lots of questions, and verify any information you may have received over the phone. Also, don’t worry about taking too much time. This is time they have set aside specifically for you, so don’t be afraid to get answers to any and all questions you might have. Some of the questions you might ask are:

  • Is the facility a non-profit or for-profit?
  • What types of care do they offer?
  • Is the facility certified by Medicaid and Medicare?
  • What is the normal length of stay at the facility?
  • What are the qualifications of the staff in the therapy department?
  • What makes this particular facility different from the others you’ve visited (if this isn’t your first one)?
  • Does the facility include family members when making care plans for the resident?

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Touring a Care Facility appeared first on Scott Counsel.



source http://www.scottcounsel.com/touring-a-care-facility/

Tuesday, November 27, 2018

Qualified Income Trusts

A Qualified Income Trust (or QIT) is one that affords the beneficiary control over the amount of money that is used for eligibility to receive Medicaid benefits. A QIT may also be referred to as a Miller Trust, and any money that goes into the trust is not considered when it comes to determining eligibility for Medicaid. The Qualified Income Trust can be used to qualify for ANY area of Medicaid, but most use it to qualify for the provision of long-term care.

A QIT has to meet the following requirements:

  • It must be made up of ONLY the beneficiary’s income. This includes any accumulated interest from the corpus of the trust; and
  • When the beneficiary passes away, the state then receives all funds that remain in the trust, though only up to an equal to the total amount that Medicaid paid on behalf of the beneficiary.
  • The QIT has to receive approval from the Department for Medicaid Services.
  • The QIT must be irrevocable.
  • Income has to be put into the trust to bring the individual below the Special Income Standard of $1,656 per month.
  • No resources are allowed to be placed into the trust.
  • A separate bank account is required to be set up for the trust.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

 

The post Qualified Income Trusts appeared first on Scott Counsel.



source http://www.scottcounsel.com/qualified-income-trusts/

Monday, November 26, 2018

Preparing for a Long-Term Care Plan

There are a multitude of different things that need to be considered when it comes to caring for an elderly loved one. Just the thought of having to care for someone to that degree can seem more than a little overwhelming, especially when you’re not only having to consider an individual’s present needs, but also those that they may have in the future as well.  That’s why it’s so important that you have a roadmap of sorts to help guide you along this journey together.

That roadmap comes in the form of something called a Long-Term Care Plan. Just as there are a lot of different things to consider when planning to care for an elderly loved one, so too are there also many options available to you. If you don’t have a clue where to begin, an elder law attorney—an expert in the field of caring for elderly adults—can be just the help you’re looking for.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Preparing for a Long-Term Care Plan appeared first on Scott Counsel.



source http://www.scottcounsel.com/preparing-for-a-long-term-care-plan/

Wednesday, November 21, 2018

Other Insurance Than Long-Term Care

If you need long-term care, in the form of nursing home care, assisted living, or ongoing home health care, you shouldn’t wait for Medicare to pay for it. To receive those kinds of Medicare benefits, typically, you have to have been hospitalized or injured, and those are only available for a limited time. While Medicare may not be able to help in these situations, let’s look at nine other things that can:

  1. Short-term care insurance. These types of plans are often similar to long-term care insurance policies, but often the benefits end after just a year. They’re less expensive and also might even be available to seniors or those who may not otherwise be able to receive long-term coverage.
  2. Life/long-term care insurance. A few life insurance policies offer benefits to cover long-term care too.
  3. Health savings accounts. For people who have an eligible high deductible health insurance plan, having a health savings account allows them a way to set aside money without worrying about taxes for medical costs, like long-term care. They are also known by their other name, health IRAs, and those people who have long-term care insurance are able to pay their premiums with money from the health savings account.
  4. Long-term care annuities. These are often overlooked when it comes to covering home health, assisted living or nursing home care costs. Normally they require a big financial contribution upfront, but the cost overall might be lower than what you’d likely spend on insurance premiums anyway if you need long-term care. You shouldn’t expect to gain much interest, though, as they don’t compare to the types of returns you would see in other types of investments.
  5. Life Plan Communities. Once known as Continuing Care Retirement Communities, these types of communities have their residents living on their own at first. When necessary, they can then make the transition to assisted living, memory care, or a nursing home operated by the community. While also requiring monthly payments, they have a high upfront payment that may translate into hundreds of thousands of dollars. Although, in exchange, members are guaranteed access to needed care even if they can’t keep paying for it.
  6. Veterans’ Benefits. Those who have a service-related disability can get access to long-term care services through the Department of Veterans Affairs. Caregivers could also be eligible to receive compensation as well through the agency’s Aid and Attendance program.
  7. Home equity. Those retirees who don’t have significant investments could still own a valuable asset—their house. Getting into their home equity through a credit line, taking out a reverse mortgage or simply selling the house are some of the ways people can use to pay for long-term care.
  8. Pensions or Social Security. Paying for needed services out of a monthly pension or Social Security benefit could be an option, though this is dependent on the size of monthly payments and the amount of care you need.
  9. Medicaid. When you have no other options left, and both income and assets have been used up, the government will then step in to cover your care. Medicaid isn’t going to pay for assisted living, but will pay for nursing home care and a great many states also cover home health care services for eligible individuals. Though, states are required by the government to get back the cost of long-term care from any estates whenever possible. This means that, as an example, if a parent’s home is sold after their death, then any proceeds from the sale might go to the state instead of any possible heirs.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

 

The post Other Insurance Than Long-Term Care appeared first on Scott Counsel.



source http://www.scottcounsel.com/other-insurance-than-long-term-care/

Tuesday, November 20, 2018

Long-Distance Caregiving

A lot of grown children often worry about what their aging parents are going to do when a need arises and they aren’t there to help because they have moved away. After all, we all want to take care of our parents and make sure they’re being taken care of in our stead if we can’t be there ourselves. So, what are some things you can do to help take care of your parent(s) if you don’t live close by?

First of all, you can go to a doctor’s appointment with them if they allow you to, and this can help you get a better handle on what your parent’s level of health currently is. You can also ask your parent to fill out a release form that will allow their doctor to discuss their healthcare with you.

If you do make an appointment, remember to take a list of any questions you might have for the doctor, and also take notes! Doing so can be helpful to the primary caregiver, or used to remind the parent of what the doctor said.

You can also ask about and look into any available community resources the doctor might recommend. Bigger hospitals or medical practices might even have a social worker on-site that you may be able to schedule a meeting with.

We all want the best for our parents, and we want to provide for them, even if we aren’t physically there to do it. These are just a few quick examples of ideas that we can use to give our parent the best care possible, and make sure they’re being cared for, even when we’re not around.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Long-Distance Caregiving appeared first on Scott Counsel.



source http://www.scottcounsel.com/long-distance-caregiving/

Monday, November 19, 2018

Geriatric Care Managers

Geriatric Care Managers (otherwise known as GCMs) are people who help family members who have to juggle between full-time employment and caring for their elderly loved one. They can also be of great assistance in helping ease any burdens at-home caregivers might face, as well as helping them to find the right services that will best benefit them and their unique situation. If you are able, the services of a geriatric care manager should not be missed out on. Even so, many families don’t, but hiring a care manager can certainly be a great help to those family members having to tread the confusing, deep waters of elderly care—maybe for the first time. A care manager has often experienced this many times and can either expertly handle each situation or quickly adapt, whichever is necessary.

Care managers can help with a variety of things: assessing the level and type of care needed, helping with a care plan, arranging for legal services and financial advisors, and everything in between.

However, as we said above, not many choose to take advantage of these services, even if they have the option to do so. They only want to save money and do it themselves, when having a care manager would oftentimes save more money in the long run than simply trying to do everything on their own.

Ultimately, the final choice to make use of a care manager (or not) must be up to each individual family, according to the elder’s actual needs. Perhaps it is, indeed, more beneficial to do things on your own, depending on the situation, but it is also important to remember that these services are available to anyone who might be struggling, or who may soon be faced with tough decisions regarding the health and well-being of their loved ones.

Remember that caring for an older loved one can be tough enough to deal with on its own, and each new day can bring with it newer, more difficult challenges than the last. Oftentimes, family members have families of their own to see to, and everything can get more than a little overwhelming. You don’t have to deal with everything by yourself, and that burden you’re feeling can be eased by a care manager. And when the burden is eased, that’s better for everyone.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

 

 

The post Geriatric Care Managers appeared first on Scott Counsel.



source http://www.scottcounsel.com/geriatric-care-managers/

Friday, November 16, 2018

Five Strategies for Protecting Money from Medicaid

Oftentimes, people want to protect their money with the (good) intention of passing it on to family after they pass away. However, due to the eligibility requirements put in place by Medicaid, this is generally impossible to do. This is because Medicaid wants you to spend your money before they will spend their own to help you cover costs of long-term care. If someone tries to gift money or any other assets in an effort to qualify for eligibility, Medicaid will find out during the “look-back” period and then serve the applicant a penalty period—a time in which he or she will be unable to retain eligibility. To try and avoid this, let us now look at some strategies to help families and individuals meet their needs while also protecting their money from Medicaid.

  1. Asset Protection Trusts

This kind of trust does exactly what you think it would, at least on the surface. If created correctly, it can do a variety of other things too. Normally, an asset protection trust is made when someone is initially applying to receive Medicaid benefits, and an applicant can only have a certain amount of money and property in their name in order to qualify.

Applicants can transfer money and property to family and friends, but doing so comes with disadvantages and risks—for example, the possibility that the recipients may incur debts or liabilities that can expose any assets that have been transferred to potentially be collected by a creditor. Also, any low-basis assets, such as a house purchased long ago for much less than the current fair-market value will have the same low basis for those to whom they were left in the trust.

Assets can be given to the same people at your death, but are given a “step up,” as it were, in regard to the fair market value if a trust is used. In doing so, beneficiaries will be able to avoid any capital gains tax on the increased value that trusts assets will accrue while you are alive.

When it is properly designed to account for the protection of assets, a trust, and the assets you put into it, are no longer your own. Because of this, Medicaid cannot touch them and neither can any other creditors. This is also known as a “Medicaid Trust” for this very reason. However, you should know that any transfers you make into a trust—just like those to individual people—are also subjected to the “look-back” period.

If you transfer your home into the trust, you are able to keep the right to live in it for as long as you are alive. If you have any assets that produce income transferred into the trust, you are still able to receive any of that income, but you will have no rights to either withdraw or demand access to the principal after putting it into the trust.

  1. Income Trusts

There is a very strictly enforced limit on income when one applies to receive Medicaid benefits. If a person receives income that exceeds this amount, it is considered to be excess and has to be handled correctly in order to get and keep eligibility for Medicaid. To help with this, you can make use of Qualified Income Trusts (or QITs) and Pooled Income Trusts (PITs). Let’s now quickly look at each of them in more detail.

Qualified Income Trusts

These types of trusts are irrevocable, and are made to hold any excess income an applicant might have when applying for Medicaid benefits. They can also be known by their other name, Miller Trusts, and there are some states that let applicants to spend down on that excess income by using it on their own care so they can meet Medicaid limits. However, there are other states, known as “income cap” states, that do not allow applicants to spend down. These are the states in which a QIT is often useful, and a trustee can be named in order to manage disbursement of any funds for any acceptable expenses.

Pooled Income Trusts

A Pooled Income Trust is also irrevocable, but unlike QITs, these are especially for disabled people. Any extra income they may have is polled altogether and then managed by a non-profit organization that acts as trustee, and disburses any funds on behalf of those for whom the trust was created. It should be known that Pooled Income Trusts are neither an investment or for estate planning purposes. Any unused funds will stay in the trust for charitable purposes.

  1. Private Annuities and Promissory Notes

Many times, older adults can suddenly find themselves in a bit of a pickle, where they might require long-term care, but they’ve just transferred assets or may still be holding a substantial amount of assets. Getting rid of assets during Medicaid’s look-back period will then flag the person for a penalty. The penalty period is calculated by dividing the value of or the amount transferred by the regional monthly rate that Medicaid uses to provide for nursing home care. The end result is a specific period of time (in months) that the person will be ineligible for benefits.

In order to keep as many of the assets as possible while also still qualifying for Medicaid, applicants can make use of a private annuity or promissory note that will allow for a consistent cash flow from the assets that can then be used to pay for care, and shorten the penalty period.

NOTE THAT NEW JERSEY DOES NOT ALLOW FOR THE USE OF ANNUITIES OR PROMISSORY NOTES FOR MEDICAID PLANNING.

  1. Caregiver Agreement

Creating a caregiver agreement is a good way for a number of elderly people to obtain extra services that they either want or need, but that are not covered by Medicaid and are also outside the realm of possibility for what a nursing home or other long-term care facility or home care company may be able to do.

If there is a family member or other friend who isn’t working or who is taking time away, they are able to provide these services while also receiving an income for doing so. This also allows for the elder to be taken care of by someone he or she knows, which is often preferable. Services are able to be paid for in advance and will legally reduce the number of countable resources the applicant may have.

If the caregiver is paid in advance, there are certain things the agreement must have in order to be accepted by Medicaid. They are:

  • It must define the exact services to be provided by the caregiver and the number of hours worked.
  • The lump-sum payment has to be calculated using a reasonable life expectancy and the legitimate market rates for the services provided.
  • A daily log of services rendered and hours worked must be kept at all times, along with written invoices.
  • When the patient dies, any unearned amounts have to be paid to Medicaid, but no more than the amount Medicaid paid for the patient’s care.
  1. Spousal Transfers and Spousal Refusal

One of the most important facts about Medicaid laws is the fact that transfers between spouses are okay and are not subjected the look-back period. Because of this, they do not incur any type of penalty. One of the more basic strategies among married couples is to simply transfer assets that are already in the name of the spouse that requires care to the one that is well. If the ill spouse is in an institutional setting, like a nursing home, for example, the well spouse may be referred to as the “community spouse,” since he or she still lives in the home.

New York and some other states allow for something known as spousal refusal, in which the community spouse can refuse to provide care for the spouse that needs support. Because of this, the spouse in need of care will automatically be eligible for Medicaid and begin receiving services.

New Jersey, however, is known as a “spousal share” state—in which spousal refusal is not allowed and the resources of both spouses are counted toward eligibility amounts for Medicaid.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

The post Five Strategies for Protecting Money from Medicaid appeared first on Scott Counsel.



source http://www.scottcounsel.com/five-strategies-for-protecting-money-from-medicaid/

Thursday, November 15, 2018

Exceptions to Medicaid Gifts

Many people will try to give away some or much of their assets in an effort to qualify for Medicaid. However, if done within five years of applying for coverage for long-term care, Medicaid will count this as a gift given in attempt of qualifying for Medicaid benefits. Thus, a period of ineligibility will begin, as Medicaid will think that those assets could have been used to pay for care.

You should know that not all transfers or gifts will usher in a period of ineligibility though. There are, in fact, a number of exceptions to the rule against gifting during that five-year period. Some of the most common exceptions are as follows:

The Home: A person’s house is subjected to a very special set of rules that have been put in place in both state and federal Medicaid laws. A home is usually exempt (in that it doesn’t count toward an asset limit and is not required to be sold to pay for care) if it meets the following conditions:

  • It is currently occupied by the applicant or his or her spouse.
  • The equity value of the home totals out at less than $543,000 (or $814,000 in states like CA, NY, CT)
  • The title must be held in the applicant’s name or that of his or her spouse.

In many cases, however, the home can’t be gifted to someone without penalty (since home exemption requires an applicant or spouse to live in and own the home). There are exceptions to this too, though, and as per federal law, a period of ineligibility begins when the home is transferred unless it is to one of the people listed below:

  • The spouse of the applicant
  • A child of the applicant under the age of 21
  • A child who is permanently blind and/or totally disabled
  • The sibling of an applicant who has equity interest in the home and has lived there for at least a year immediately prior to the date the applicant is institutionalized
  • A son or daughter of the applicant (other than that previously described) who has been in the home for a period of at least two years before the date of institutionalization and who (as determined via the state) gave care to the applicant, which let him or her reside at home rather than in a facility or institution.

Transfers for the Benefit of the Spouse

Such transfers are not penalized by Medicaid since assets held in the name of either spouse are included when determining eligibility. There is no penalty under federal law if:

  • The asset was transferred to the spouse or another for the sole benefit of the spouse, or
  • The asset was transferred from the applicant’s spouse to another for the sole benefit of the applicant’s spouse.

Transfers to a Child

The applicant may transfer any resources (including the home) to a disabled child without fear of penalty. Penalties will not be incurred when the asset was transferred to the applicant’s child, or to a trust solely for the benefit of the child, so long as he or she is either blind or otherwise permanently and totally disabled, as defined by the individual state programs, or by Supplemental Security Income.

Undue Hardship Exception

There is a possibility to convince Medicaid that transfers made that resulted in a period of ineligibility would cause undue hardship on the applicant. Undue hardship is defined as depriving a person of medical care that endangers his or her life, according to federal laws. This means that you must prove that you cannot afford a nursing home without Medicaid, and without that nursing home, you might die. This is just an example, but each state has its own rules regarding hardship, so if you think that you or a family member may qualify for the exception, the nursing home can file a request for a waiver with the applicant’s consent.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

 

The post Exceptions to Medicaid Gifts appeared first on Scott Counsel.



source http://www.scottcounsel.com/exceptions-to-medicaid-gifts/

Wednesday, November 14, 2018

Non-Emergency Medical Transportation

Obtaining emergency medical transportation is one of a number of things that Medicaid will cover for eligible parties. Obviously, an emergency is defined as any time medical needs are immediate, like having a heart attack or being severely injured in a car accident. In these situations, you might require being taken to the emergency room via ambulance or medical flight and prior approval is not required to receive this type of transportation.

So, what if it isn’t an emergency?

If you require transportation to a medical appointment, it isn’t considered an emergency by Medicaid, but you may still be able to receive help if and when you need it. One of the other things Medicaid will cover is rides both to and from your doctor, the hospital or any other medical office for the purposes of receiving Medicaid-approved care. This coverage is known as “non-emergency medical transportation,” because it doesn’t involve an emergency situation. They could also provide transportation in case you don’t have a working vehicle of your own or don’t have a license. You could receive help if you have a physical or mental disability or are otherwise unable to travel or wait for a ride alone. Coverage for these services could be different based on individual situations or needs, and you may require prior approval from your state Medicaid agency to qualify.

Who Can Get a Ride?

Federal law mandates that Medicaid beneficiaries can get rides to and from care providers as needed. Each state’s rules regarding when rides are necessary differ from each other, so check rules for your state. Normally, you’ll get instructions as to when rides are necessary and how and when you can schedule one after you enroll in the Medicaid program. You might need to talk with a Medicaid caseworker, a ride service, or some other agency. No matter what, the contact should:

  • Help you decide if you have an immediate need for care;
  • Make sure you are eligible for Medicaid;
  • Verify you have an appointment with a Medicaid provider;
  • Make sure you have no other reasonable way to make it to your appointment; and
  • Decide what type of ride Medicaid can provide for your situation.

Using this information, the contact will then either set up the ride you need or tell you how to do it on your own. A pre-approved person or ride service will then transport you to and from your appointment.

How Do I Get a Ride?

Rides may be by taxi, car, van, public bus or a subway, depending on your state’s rules and your own needs. It could be shared with others. You need to call in advance to set up your ride, and you should also call if you need to cancel. It’s important to remember that the driver is only able to give you or a family member a ride to a medical facility and back home.

Make sure you follow the rules so that Medicaid will approve and pay for the ride. Drivers may only be authorized to pick up riders at a specific time, so it’s important to:

  • Be ready on time for the pick up; and
  • Call the ride service to cancel a ride if you do not need one anymore.

If you or someone you love needs assistance with Elder Care law issues, call 856-281-3131. Let us help ease your stress and give you a plan.

 

The post Non-Emergency Medical Transportation appeared first on Scott Counsel.



source http://www.scottcounsel.com/non-emergency-medical-transportation/