Ask an Expert

Today's Q&A on ElderCareMatters.com is about Applying for a Guardianship or Conservatorship

psanders — Wed, 22 Feb 2012 16:20:58 +0000

Question: "I need information about the process to apply for a Guardianship or a Conservatorship. Can you please provide this information?"

Answer: To initiate a guardianship or conservatorship, an interested party must file a petition to the court. The petition will state the petitioner's relationship to the prospective ward. The petition also will state facts that show that the proposed ward is incapacitated, and the need for a guardian. The petition should detail the ward's property and assets. The judge will examine the petition and hold a hearing that the proposed ward must attend. After the hearing, the judge will decide if the proposed ward needs a guardian, conservator or both. Wards have the right to appeal a guardianship or conservatorship determination.

Once appointed, a guardian or conservator must be discharged by the judge to end the guardianship or conservatorship. Reasons for discharge include the death of the ward or conservatee, the ward's return to capacity or the guardian or conservator's inability to fulfill his or her duties.

Stephen O. Allaire, Esq.
Partner in the Law Firm of
Ruggiero, Ziogas & Allaire
Bristol, CT 06010
860-584-2384
Member of the national ElderCare Matters Alliance, Connecticut chapter

Today's Q&A on ElderCareMatters.com is about Daily Money Management

psanders — Sun, 19 Feb 2012 18:07:03 +0000

Question: "What would be a reasonable hourly wage to pay someone to take care of financial and household management for my senior mother here in Sacramento County, CA?"

Answer: It sounds like your mother needs a daily money manager (DMM). DMM’s help people handle their daily finances and, depending on their individual practice, a variety of other administrative tasks. Rates will vary based on the tasks they handle as well as geographic area and other factors. Whatever the rate they charge, any potential DMM should thoroughly discuss the scope of the work you need and agree on a price before any work is done. Be sure you understand how the DMM bills and what charges you will be billed for.

Be sure you hire someone who has experience in handling personal financial matters as well as being insured. This is not a time to hire the cheapest person you can find. You want to be sure your mother’s affairs will be handled correctly and ethically.

Although there is no licensing for Daily Money Managers, many are members of The American Association of Daily Money Managers and are members of the national ElderCare Matters Alliance.

You can find many Daily Money Managers on ElderCareMatters.com - America's #1 source for Elder Care Experts, Information & Answers.

Cindy Lail, DMM
Checks & Balances, Personal Financial Services, LLC
Lawrenceville, GA 30044
404-663-9777
Member of the national ElderCare Matters Alliance, Georgia chapter

Today's Q&A on ElderCareMatters.com is about Aging in Place

psanders — Wed, 15 Feb 2012 15:20:21 +0000

Question: "With the high price of nursing home care and assisted living, our family is considering making the necessary modifications to Mom's home so that she can "age in place" there. Specifically, what would we need to consider in order to proceed with this elder care housing plan for our mother?"

Answer: The first step should be to have an assessment done on Mom. This should include the Aging In Place Specialist (AIPS), the family members involved, and any doctors or health care professionals that may be needed. This will inform the AIPS if there are any current health issues or if there are progressive or other conditions that require home modifications. The assessment would also tell the AIPS the wants and wishes of the client, along with a time frame for completing the modifications.

Details of the physical structure of the existing home will be needed. If blueprints are not available, the AIPS or contractor should make detailed drawings of the room sizes and layout.

Determine who the "decision maker" is. Is it mom, the children, a spouse or a combination?

A budget is important to all parties concerned. Are the modifications being done strictly for health care reasons specifically designed for one person, is it more of a universal design in general that is wanted, and are we trying to upgrade the home at the same time? These factors will help determine what can be done in the budget, and the priorities.

When these steps are completed, specific recommendations can be made about modifying Mom's home so that she can Age in Place there.

Harry Felsenthal, Certified Aging in Place Specialist
Licensed Contractor
Call Harry Enterprises, Inc.
Lutz, Florida 33549
813-505-3329
www.CallHarryEnterprises.com
Member of the national ElderCare Matters Alliance, Florida chapter

Today's Q&A on ElderCareMatters.com addresses an Alaska family's online search for elder care experts

psanders — Tue, 07 Feb 2012 17:40:58 +0000

Question: "My family and I live in Alaska and we need help with a host of elder care issues, including elder law, geriatric care and senior housing. Unfortunately, in reviewing the professional listings that are found on ElderCareMatters.com for Alaska, there are many "Coming Soon" pages. Can you please tell me what this means and let me know when I can expect to see more professionals listed for Alaska. Please don't forget about our 49th state. We too desperately need help with our elder care matters, and we thank you very much for providing us with this wonderful online elder care resource."

Answer: We at ElderCareMatters.com realize that there are many families like yours across America who rely on us to help them locate competent, caring elder care experts who are located near them and can help them plan for and deal with their elder care matters.

With this in mind, we are reaching out to ALL competent, caring elder care experts across America and encouraging ALL of them to join ElderCare Matters and to be listed on ElderCareMatters.com - America's #1 online resource for "Elder Care Experts", Information & Answers about a wide range of Elder Care Matters.

Simply put, our goal at ElderCareMatters.com is to be able to provide your family (in Alaska) and ALL families (across America) with a comprehensive list of America's top elder care experts in 83 different elder care service categories.

Soon this will be a reality as more and more Elder Care Experts from across America continue to join ElderCare Matters and actively participate on our elder care website, ElderCareMatters.com.

Thank you for your support of ElderCareMatters.com.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO of ElderCare Matters, LLC
ElderCareMatters.com

Today's Q&A on ElderCareMatters.com discusses our role in linking families across America to competent elder care experts

psanders — Mon, 06 Feb 2012 15:59:19 +0000

Every day, more and more families from across America are relying on ElderCareMatters.com to help them find competent "Elder Care Experts" who are located near them and who can help them with a wide range of elder care matters, such as legal services, financial planning, home care, senior housing, adult day care, geriatric care management, money management, insurance services, aging in place services, etc.

Below are just a few of the many emails that ElderCareMatters.com receives daily from families across America requesting help with their elder care matters:

I am looking for help for my 77 year sister who lives in Louisiana and has been abandoned by her children. Can you help me?
I need to locate someone to provide home care for my wife. We live in New Jersey. Can you help us?
We need to find senior transportation services in the Miami area. Can you help us?
My mother has been injured in an Assisted Living Home in Arizona and we need an attorney with whom to discuss this legal matter. Can you help us?
Can you help me locate elder care experts in the Jacksonville, Florida area?

If you are a competent, caring professional who helps families plan for and/or deal with elder care matters, then you should definitely become a professional member of the national Elder Care Matters Alliance and you should be listed on ElderCareMatters.com – America's #1 source for Elder Care Experts, Information & Answers about Elder Care Matters. Professional membership is just $15/month.

To request an Application for Membership to the national ElderCare Matters Alliance, send us an email at: info@ElderCareMatters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO, ElderCare Matters, LLC
ElderCareMatters.com

Today's Q&A on ElderCareMatters.com discusses how to get listed on this elder care online resource

psanders — Wed, 01 Feb 2012 21:44:54 +0000

Question: I am a practicing elder law attorney with more than 15 years experience helping families with their elder care matters. How would I go about becoming a member of the national ElderCare Matters Alliance so that I may be listed on www.ElderCareMatters.com and so that I may be a resource for families who visit this website and need my expertise to help them plan for and/or deal with their elder care matters?

Answer: ALL competent, caring elder care professionals across America are invited to apply for membership to the national ElderCare Matters Alliance and to be listed on www.ElderCareMatters.com – America's #1 online source for "Elder Care Experts", information & answers about elder care matters.

There are currently more than 2,000 professional members of this national Elder Care Alliance, including the following:

Elder Law Attorneys
Estate Planning Advisors
Financial & Investment Advisors
Geriatric Care Managers
Long-Term Care Insurance Professionals
Daily Money Managers
Seniors Real Estate Specialists
Home Care Agencies
Assisted Living Communities
and many other elder care experts

The annual membership fee for each of the 51 chapters (all 50 states plus the District of Columbia) of the national ElderCare Matters Alliance is $120 per chapter (just $10/month) - a very cost effective way for ALL elder care professionals across America to "get the word out" about who they are and how they help families plan for and deal with elder care matters.

To request an Application for Membership in the national ElderCare Matters Alliance, send an email directly to: info@ElderCareMatters.com.

I look forward to your participation in Elder Care Matters!

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO of ElderCare Matters, LLC
ElderCareMatters.com (America's #1 source for "Elder Care Experts", Information & Answers about Elder Care Matters)

Today's Q&A on ElderCareMatters.com is about gifting and VA planning for Aid & Attendance

psanders — Tue, 24 Jan 2012 14:59:39 +0000

Question: Would you please provide me with some information re: gifting as it relates to VA planning for Aid & Attendance. It is my understanding that there are no penalties involved for gifting assets in order to reduce resources to approved levels. Mom’s income is less than the medical expenses that she will pay in the assisted living facility, but her assets are a bit too high.

Answer: At this time, gifting does not create penalties (or periods of ineligibility) for the purposes of VA pension benefits. That being said, gifting for VA purposes may create penalties (periods of ineligibility) for the purposes of future applications for Medi-Cal for skilled nursing facilities. Any time you do gifts for VA purposes, you should be structuring a plan that ensures that you will not be creating periods of ineligibility for future Medi-Cal applications. Often a stroke, hip fracture, heart attack, or some other unexpected medical hospitalization and subsequent discharge to a skilled nursing facility will create a need for Medi-Cal benefits within the look-back period (currently 30 months after the gift was made, or 60 months in the case of gifts to irrevocable trusts, and 60 months for all gifts in the future when the Deficit Reduction Act is implemented with filing of final regulations with the Secretary of the State of CA). If you have not structured the gifts to create either no period of ineligibility or very minimal period of ineligibility, then you will have shot yourself in the Medi-Cal foot when you do your VA pension gifts. Because the gifting rules for Medi-Cal are complicated, see an experienced California attorney who knows the current rules about gifting. Be sure to ask the attorney if they are experienced in the laws governing gifting under Medi-Cal and if they can structure a gifting program that will not create a period of ineligibility, or that will greatly minimize any gifting period of ineligibility. Also, if you are thinking of gifting real estate, the rules are even more complicated for purposes of VA pension or Medi-Cal, and you will need an attorney with experience in both areas of law. Any time you gift an asset that has appreciated in value since purchase, there will be tax issues to evaluation, discuss, and account for—income tax issues, capital gains step-up issues, 121 exclusions, property tax reassessment issues, so do not try to do this on your own. Lastly, when someone needs VA pension now, it is not unlikely that they will need Medi-Cal within a matter of months or a few years, so always consider that VA gifts may create Medi-Cal penalties if not structured properly. The area of gifts for VA and Medi-Cal is not a do-it-yourself proposition. Get good legal advice and guidance.

Dallas Leigh Atkins, Esq.
Law Offices of Dallas Atkins
Santa Barbara, CA 93101
805-687-8782
www.AtkinsElderCareLaw.com
Member of the national ElderCare Matters Alliance, California chapter

Question of the Day on ElderCareMatters.com: "My mother has borderline dementia and is making bad financial choices based on an outside influence (ex-boyfriend) in her life. My brother and I are concerned. We have dual power of attorney for her, but wonder when we should step in. Any help on what steps to take would be appreciated."

psanders — Tue, 17 Jan 2012 17:04:11 +0000

Answer: The fact that your mother granted you and your brother her power of attorney is a good indication that she trusts the two of you (and is, perhaps, relying on you) to step in to protect her interests when you think protection is warranted. You should look into her situation and her finances as far as your power of attorney allows, while at the same time respecting whatever level of autonomy your mother is capable of exercising. It might be appropriate to enlist the input of her physician or other medical providers who are in a position to shed light on her medical condition. Hopefully, your mother has given her medical providers her written permission to share her health information with you. She may have done this in her advance health-care directive, her "HIPAA authorization," or other estate planning or health care documents. If she has not done so, her medical providers will probably decline to talk with you.

POSSIBLE ACTION STEPS: (1) Get clear with your brother on your specific concerns. (2) Agree with your brother on who (if anyone) should be consulted concerning your mother's medical condition and her finances. (3) Approach your mother with your concerns and let her know that you are there to make sure her interests are protected. If you can involve your mother’s physician or other family members or trusted individuals, that will probably promote her comfort level.

If your mother clearly understands that you are endeavoring to act in her best interest, she will probably appreciate the attention that you are focusing on her.

Scott Makuakane, Esq., CFP
Founding Partner, Est8Planning LLLC
Honolulu, Hawaii 96813
www.est8planning.com
Member of the national ElderCare Matters Alliance, Hawaii chapter, State Coordinator

Question of the Day on ElderCareMatters.com: "I am an Elder Care Professional with 15 years experience in helping families with their elder care matters. Should I be listed on ElderCareMatters.com?"

psanders — Sun, 08 Jan 2012 23:05:34 +0000

Answer: If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

ElderCareMatters.com

ElderCareMatters.com is where you will find more than 2,000 competent, caring elder care experts located across America, including:

Elder Law Attorneys
Estate Planning Advisors
Financial Planners
Investment Advisors
Geriatric Care Managers
Insurance Professionals
Life Care Planners
Professional Organizers
Reverse Mortgage Lenders
Senior Move Managers
Senior Real Estate Professionals
Tax Advisors
Aging in Place Professionals
Daily Money Managers
And other elder care experts with long and successful careers working with seniors and their families

This is also where you will find some of America's best:

Assisted Living Communities
Alzheimer's / Memory Care Communities
Continuing Care Retirement Communities
Home Care Agencies

Together, we provide families across America with:

Unparalleled professional expertise
Up-to-date elder care information & answers to your elder care questions
Competent, caring assistance with a wide range of elder care services

So if you are a competent, caring elder care professional who helps families with ANY of their elder care matters, then request today an Application for Membership in the national ElderCare Matters Alliance and get listed on ElderCareMatters.com - America's #1 source for "Elder Care Experts" plus information and answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com

Question of the Day on ElderCareMatters.com: "My mother has borderline dementia and is making bad financial choices based on an outside influence (ex-boyfriend) in her life. My brother and I are concerned. We have dual power of attorney for her, but wonder when we should step in. Any help on what steps to take would be appreciated."

psanders — Wed, 04 Jan 2012 15:51:27 +0000

Answer: Assuming you have a valid financial or general power of attorney that complies with state law, you need to check the document. When does the document say the power is effective? Some are effective immediately upon signing it. In that case, you can use the power right now. She may, however, try to revoke it.

Most powers of attorney, however, are considered “springing.” That means the power of attorney is effective upon some triggering event, usually incapacity. The document should say how incapacity will be determined. For example, some say that the principal (the person who signed the power of attorney) must be determined to be incapacitated by two physicians. If such a requirement is in the document, then you will need written statements from the physicians stating that she cannot manage her financial affairs. Those statements should be kept with the power of attorney and made a part of it.

Remember that financial institutions may not accept the power of attorney. Some will not accept a power that is a certain number of years old. Others will look for certain clauses that may or may not me in your document. And some financial institutions seem to give people a hard time just because. It is very difficult to try to force a financial institution to accept a power of attorney.

If your power of attorney turns out to be ineffective for whatever reason, you may need to petition the court for a conservatorship.

Ronald Zack, Esq.
Tucson, Arizona
520-331-3232
www.TucsonEstatePlanning.com

Question of the Day on ElderCareMatters.com: "Should I transfer my home to my kids to protect it if I should need nursing home care?"

psanders — Tue, 27 Dec 2011 15:43:58 +0000

Answer: The correct answer is "It depends". It depends on your unique family, health, and financial situation. Tax consequences also have to be considered. In the event you need long-term care, there is a five year look-back period that applies to gifts (transfers of assets without consideration). Thus, if you are faced with a chronic or catastrophic illness within five years after you transfer the home to your children; such transfer may impact your ability to obtain Medicaid (Title 19) benefits. This is a very complicated area of the law and requires careful consideration.

If it makes sense to transfer the home to your children, there are several ways to structure the transfer. The first is an outright gift to your children. This is generally not advisable for tax reasons and asset protection purposes. The second is by completing the transfer but retaining a life estate. While generally superior to an outright gift, this is also not without problems. However, the retained life estate does give you some legal control over the property and also preserves some tax benefits associated with inherited property versus gifted property. The third is a transfer of your home to an irrevocable trust. This is usually the preferred method of protecting the home as it balances tax benefits with asset protection issues and also protects the home from your children's creditors or in the event they should predecease you.

As you can see, the transfer of your home is something that requires careful consideration and sound legal counsel.

Paul T. Czepiga, Esq., CELA
Czepiga Daly Dillman, LLC
Newington, CT 06111
860-597-7995
www.CtSeniorLaw.com
Member of the national ElderCare Matters Alliance, Connecticut chapter

Question of the Day on ElderCareMatters.com: "I feel my mother has been taken advantage of financially, and am concerned it will happen again. As her daughter, what can I legally do?"

psanders — Fri, 16 Dec 2011 19:33:55 +0000

Question: “I have a potential concern for my recently widowed 84 year old mother, a Massachusetts resident who requires home care. Mom is independent, still has all her intellectual faculties, and has a great memory, but has some physical limitations, so she requires home care assistance. I visit Mom every few weeks to help her pay her bills.

Mom recently disclosed to me, that she recently gave money to one of her home care aids. My mother says she gave her the money, in cash, and told her it was a gift. I know that my mother would never complain about this woman as she would not want to lose her care.

I feel my mother has been taken advantage of financially, and am concerned it will happen again. As her daughter, what can I legally do?"

Answer: You're in a difficult situation and there's no easy answer. It's good that your mother is mentally sharp but she may well be feeling vulnerable because of her physical limitations. I have seen quite a few cases where normally financially astute elders make unwise decisions because of these changes.

Since you are with your mother regularly and help her pay her bills, you should be able to keep on eye on things and be alerted if she starts withdrawing more cash then usual from the bank. If you are named as the agent under your mother's power of attorney you many also speak with the people at her bank to be on the alert for unusual activity.

Dagmar M. Pollex, Esq.
Law Offices of Dagmar M. Pollex, P.C.
Braintree, Massachusetts 02184
781-535-6490
www.PollexEstatePlanning.com
Member of the national ElderCare Matters Alliance, Massachusetts chapter

Question of the Day on ElderCareMatters.com: "My elderly in-laws have a 1st and 2nd mortgage on their home. Would they still be eligible for a reverse mortgage?"

psanders — Tue, 13 Dec 2011 21:58:49 +0000

Answer: With Reverse Mortgages, it doesn’t matter how many mortgages have previously been placed on the property. The couple must be at least 62 years old. Actually, the amount of money you might get extended as a reverse mortgage is based upon the age of the couple and the value of the home. The older you are, the more money you can qualify for. This is because you can continue to live in the home for the rest of your life and never have to make a mortgage payment. So, if the elderly couple in the question are more advanced in age, it greatens the chance that the amount they qualify for can pay off both of the two prior mortgages. It needs to because a reverse mortgage won’t be extended unless it will occupy a “first” position.

One of the best things about reverse mortgages is that they are non-recourse. The concept began in 1988 under Ronald Reagan, an oldster himself.

Russell Hodges, Esq., Managing Partner
Hodges Law Firm, LLC
Atlanta, Georgia 30040
404-824-4225 or 770-888-0015
www.RHodgesLaw.com
Member of the national ElderCare Matters Alliance, Georgia chapter

Question of the Day on ElderCareMatters.com: “My mother just moved into an assisted living community in Illinois. We were told that once all her assets have been depleted that they will start taking her social security. They said that she would never be kicked out and that Medicaid will kick in. How do we know if Medicaid will approve her? And what if they don't? They are really pushing for us to sell her house ASAP! I'm just so scared that once they've sucked up all her assets that somehow she might have to leave. Is there a way Medicaid will pay without selling her house?”

psanders — Fri, 02 Dec 2011 20:12:04 +0000

Answer: Wow, I would be worried also, without any assurances in writing. Please understand that there are a number of issues in your question, all rolled into one. First, when your mother entered the assisted living facility, she or, perhaps a family member acting on her behalf, probably signed a contract. It is important to know what provisions are contained in the contract to see if, in fact, what you have been told verbally is in the written agreement. Second, you said your mother moved into assisted living. However, unless it is a continung care community or one of the few supportive living facilities in Illinois that take Medicaid, most assisted living facilities do not accept Medicaid, so more information is needed. Third, you don't mention how your mother is paying for the assisted living facility and what other assets she may have, so it's difficult to asses how soon she may need assistance paying for care. The house presents a trickier issue. Is there a possibility your mother intends to return to her home? If so, the home may not be considered an available asset for purposes of qualifying for Medicaid. The home may also be exempt if a "qualifying family member" is living in the home. She may be allowed to transfer the home to a qualifying family member. However, if she does not intend to return home, if there is no qualifying family member living in the home, and the home is sold, there may be planning strategies that could preserve some of the funds for her use, rather than to spend them all down before qualifying. Bottom, line, it is not a simple question, and you would be well served by seeking the advice of an experienced elder law attorney in your area who could sort out all the issues and recommend planning strategies rather than rely on verbal assurances of the facility representative.

Question of the Day on ElderCareMatters.com: “We are applying for Georgia Medicaid benefits for my mother who is 81 years old and has Alzheimer’s disease. Mom has very few assets but does have an IRA account that the Medicaid case worker says has to be annuitized so that monthly payments are received. Why is this necessary, who receives the monthly payments, and upon Mom’s death, will we the family – rather than the state – receive the remainder of Mom’s IRA?”

psanders — Mon, 28 Nov 2011 15:25:13 +0000

Answer: Georgia Medicaid policy, found at Section 2332 et seq. of VOLUME II/MA, MT 39-08/10 titled “Retirement Funds”, expressly exempt retirement funds, including, Individual Retirement Accounts (IRAs) Keogh plans, and some retirement profit sharing plans are “exempt” or non-countable resources for Aged, Blind, or Disabled classes of Medicaid, including Long-Term Care (Nursing Home) Medicaid if owned by the applicant/recipient if the applicant/recipient applies for “periodic” distributions. To be eligible for ABD Medicaid, the individual must apply for periodic benefits. If s/he has the choice between periodic payments and a lump sum, the individual must apply for periodic payments.

A “lump” sum is a liquidation of the retirement fund. There’s no requirement in the Medicaid plan that payments be taken monthly; payments can be made annually. The Medicaid policy states “[p]eriodic retirement benefits are payments made to an individual at some regular interval (e.g. monthly). The signal, “e.g.” means “for example”. As a result, the use of “monthly” in the policy is intended only as an example of what “periodic payments” means.

The caseworker is directed to determine if the applicant for Nursing Home Medicaid is eligible for periodic payments from the IRA. If not, can the individual make a lump sum withdrawal. If the individual is eligible and receiving periodic payments, the payments are treated as “income” only; the fund is disregarded as an asset.

A retirement fund belonging to an applicant/recipient’s spouse is disregarded, regardless as to whether periodic payments are made.

The income is budgeted with other sources of income the applicant receives. For example, if she has Social Security retirement and the IRA distributions, these amounts make up her income. Once Medicaid eligibility is established, Medicaid calculates a “patient liability” or cost-share which is her contribution toward the costs of her long-term care. Patient liability is paid over to the nursing home each month.

The IRA does not designate the State as the beneficiary upon death; she can designate whomsoever she wishes.

It sounds like the Medicaid caseworker communicating with this family is confusing the treatment of an “annuity” with the treatment of “retirement funds” for Nursing Home Medicaid eligibility purposes.

David Paul Pollan, Esq.
The Pollan Law Firm
Atlanta, Georgia 30309
678-510-1358
www.PollanLawFirm.com
Member of the national ElderCare Matters Alliance, Georgia chapter

Question of the Day on ElderCareMatters.com: What are the most common signs of nursing home abuse or neglect?

psanders — Thu, 17 Nov 2011 19:17:55 +0000

Answer: If you have a loved one living in a nursing home, it is important for you to understand what constitutes abuse and neglect, and how to recognize the warning signs. Abuse and neglect comes in many different forms and may affect a resident physically, mentally and emotionally. The most important things to look for if you suspect abuse or worry about the welfare of your loved one include: falls, cuts and bruises, the development of bed sores, sudden weight loss, anxiety or agitate behavior, overmedication, poor hygiene, unsanitary conditions, or a sudden change in the resident’s disposition or behaviors. Residents and their families have a right to question a nursing home's care decisions. If you believe a loved one is receiving substandard care in a nursing home, you should discuss their care plan with staff. If you suspect that your loved one has been seriously injured as a result of nursing home abuse or neglect, you should contact a nursing home lawyer who can help you determine if you have a case against the facility.

Steven M. Levin, Esq., Co-Founder & Senior Partner
Levin & Perconti
Chicago, Illinois 60654
312-332-2872
www.LevinPerconti.com
Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day on ElderCareMatters.com: “For some reason, my aging parents are stonewalled about signing a healthcare power of attorney. They seem to think that one of them will always be available to take care of the other. As they age, it is becoming more and more apparent that this issue needs to be discussed, but they refuse any attempt on any family member's part to do this. I believe they view it as a means for someone to take control, thus losing their independence. What would you suggest?”

psanders — Mon, 14 Nov 2011 17:42:07 +0000

Answer: In Massachusetts and probably other states, if married couples do not have a health care proxy (HCP) in place and one of them needs hospital care the other will have no rights with respect to his or her spouse's health care needs.

In circumstances where the hospitalized spouse loses competency to decide an emergency, guardianship will be required. The cost will then become large because court action will be required. If these people are hesitant they can name each other as health care agent followed by a trusted child as an alternate. Also they should think about a durable financial power of attorney because a health care proxy only addresses health issues, and if one of them becomes incompetent the other can take over with the financials. Without that document financial institutions would require a Conservatorship– again an expensive proposition. Every person needs to have these 2 documents in place. The fiscal and emotional costs to the family would be far greater than the actual legal costs to retain an attorney to draft them.

Susana Lannik, Attorney at Law
Law Office of Susana Lannik, LLC
Newton, Massachusetts 02458
617-658-2980
www.LannikLaw.com
Member of the national ElderCare Matters Alliance, Massachusetts chapter

Question of the Day on ElderCareMatters.com: "Would payable on death accounts need to be included in a revocable living trust?"

psanders — Wed, 09 Nov 2011 15:10:51 +0000

Heather R. Chubb, Attorney at Law
The Chubb Law Firm
Gold River, CA 95670
916-635-6800
www.ChubbLawFirm.com
Member of the national ElderCare Matters Alliance, California chapter

Answer: If you have an account that is set up with a beneficiary, that is payable on death to a particular person, it is not necessary for this account to be included in your revocable living trust. The premise behind the payable on death account is that when the account holder dies the account will legally belong to the beneficiary. This is one way to avoid the probate process for an individually owned account. Presumably, one of the reasons you would create a trust is also to avoid probate of your assets upon your death.

If the account is owned by your revocable living trust, because the trust does not “die,” the pay on death feature will never be triggered. In any event, I’m not certain that bank would allow an account owned by a trust to also carry a payable on death designation.

Although not absolutely necessary, including this account in your trust is a good idea and will help centralize the management of all your assets in the event of your incapacity or death and make life easier for your family. If the account is in your trust you can use your trust distribution instructions to indicate that this account go to a specific person. This is called a specific distribution.

Question of the Day on ElderCareMatters.com: "Do I need a Trust or a Will?"

psanders — Tue, 08 Nov 2011 16:17:16 +0000

Michael A. Jensen, Attorney at Law
P.O. Box 571708
Salt Lake City, Utah 84107
801-519-9040
www.UtahAttorney.com

Member of the national ElderCare Matters Alliance, Utah chapter

Answer: Everyone should have a will, but not everyone needs a trust. Even if you have a trust, you should have a will in order to transfer assets from your personal estate upon death to your trust. This happens when an asset is purposely or unintentionally left out of the trust and is discovered after the death of a grantor of the trust. When that happens, the will needs to be probated so that the asset can be transferred to the trust. When a person has a trust, the associated will is often referred to as a "pour over will" since the will is intended to pour any assets outside of the trust into the trust.

Question of the Day on ElderCareMatters.com: "Would you please provide us with information about the NEW service that ElderCareMatters.com and its 1,686 elder care experts will be starting in October to provide families across America with more information and more answers about a wide range of elder care matters?"

psanders — Wed, 28 Sep 2011 20:02:46 +0000

Answer: Starting in October, ElderCareMatters.com will feature each week 1 of the 81 different elder care services that are provided by the members of the national ElderCare Matters Alliance, experts who help families across America plan for and deal with their elder care matters.

For example, during week 1 we will showcase members of the national ElderCare Matter Alliance who provide "Aging in Place Services".

During this week our "Premium" and "Lifetime" members who are experts in helping families "Age in Place" will provide us with:

1) Actual Q&As taken from their practices,
2) Original articles written by them about this important elder care service,
3) Answers to your questions about Aging in Place.

So if you would like to ask one of our elder care experts a question about "Aging in Place", just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Elder Care Question of the Day.

Thank you for your support of ElderCareMatters.com - America's #1 online source for Elder Care Experts, Information & Answers About a Wide Range of Elder Care Matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder of ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "Inasmuch as ElderCareMatters.com now includes 80 different elder care / senior care services, would you consider featuring on this website a different service every week so that families like mind could get answers about a specific elder care matter from one of your elder care experts? For example, it would be helpful if we could have one week to ask questions exclusively about a specific elder care service, i.e., elder abuse litigation services or perhaps elder law, and then one of the members of the national ElderCare Matters Alliance with expertise in this specific elder care service could answer the questions in the Question of the Day section of ElderCareMatters.com. Also, is there any possibility of providing families across America with an easy way of locating your elder care experts in each of these different 87 services, by state? For example, I would like to easily locate your experts in Geriatric Care Management by state."

psanders — Fri, 23 Sep 2011 13:48:20 +0000

Answer: What a great idea! Yes, we can make this happen.

In fact, I am pleased to announce that starting Monday, October 3rd, ElderCareMatters.com will "Feature" every week one of our 80 different elder care services. For example, during one week we may showcase Elder Law or Geriatric Care Management or perhaps Elder Abuse Litigation Services. And during this week, families are encouraged to send us their questions about this specific elder care service. Then every day we will post an answer to one of your questions in the Question of the Day section of ElderCareMatters.com, an answer provided by one of our Elder Care Experts who practices in this specific elder care service area. Additionally, we will post during this week one or several original articles about this service, written by members of the national ElderCare Matters Alliance who practice in this specific service area.

Question of the Day on ElderCareMatters.com: "Congratulations on having 1,650 professionals now in the national ElderCare Matters Alliance to help families across America plan for and deal with their elder care matters. My question is: Is there a limit to the # of elder care professionals that you will include on ElderCareMatters.com – America's #1 source for Elder Care Experts plus information & answers about a wide range of elder care matters?"

psanders — Tue, 20 Sep 2011 19:05:49 +0000

Answer: No, we have not designated a maximum # of elder care professionals that we will include on ElderCareMatters.com. Our criterion for including professionals on this wonderful online elder care resource is:

All elder care professionals included on this site must complete an Application for Membership to the national ElderCare Matters Alliance and must demonstrate that they are actively involved in helping families plan for and/or deal with the issues of aging.

The bottom line is that we want ElderCareMatters.com to be a resource that families across America can use that will help them plan for and/or deal with their elder care matters. Soon this website should include most (if not all) of the competent, caring elder care professionals across America.

So if you know of some competent, caring elder care professionals who are not yet listed on ElderCareMatters.com, encourage them to become a part of this wonderful online elder care resource for families across America.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO, ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "Would you please provide me with a list of all the 87 different elder care services that the members of the national ElderCare Matters Alliance provide on ElderCareMatters.com?"

psanders — Sun, 18 Sep 2011 13:20:06 +0000

Answer: It is my pleasure to provide you with the following list of the 87 different elder care services that are currently provided by the members of the national ElderCare Matters Alliance on ElderCareMatters.com:

Accounting Services
Adult Day Care
Advance Medical Directives
Aging in Place Services
Alzheimer's / Memory Care Communities
Annuities
Arbitration
Asset Protection Planning
Assisted Living Communities
Assisted Living Referral Services
Bankruptcy
Bill Paying
Budgeting
Caregiving Education
Companion Care
Conservatorship
Consumer Law
Continuing Care Retirement Communities
Cremation Services
Crisis Intervention
Daily Money Management
Dementia Care
Disability Income Insurance
Disability Planning
Elder Abuse Litigation Services
Elder Law
ElderCare Planning
Estate Administration
Estate Liquidation
Estate Planning
Family Law
Financial Planning
Funeral Services
Geriatric Care Management
Guardianship
Health Insurance
Hoarding Clean Up and Coaching Services
Home Care
Home Downsizing Services
Home Health Care
Home Modifications
Hospice Care
Independent Living Communities
Investment Services
Life Care Planning
Life Insurance
Litigation
Long Term Care Insurance
Long Term Care Planning
Medicaid Planning
Medical Services
Medical Alert Systems
Medical Claims Processing
Medical Equipment & Supplies
Medical Malpractice Litigation
Medicare Consulting
Medicare Supplemental Insurance
Medication Management Services
Moving Services
Nursing Homes
Personal Finance
Powers of Attorney
Probate
Professional Organizing
Public / Non-Profit Resources
Real Estate Services
Rehabilitation Services
Residential Psychiatric Care
Respite Care
Retirement Planning
Reverse Mortgages
Securities Arbitration & Litigation Services
Senior Housing
Senior Move Management
Senior Move Planning
Senior Relocation Services
Social Security Disability Services
Special Needs Planning
Tax Law
Tax Planning
Tax Preparation
Transportation Services
Trustee / Fiduciary Services
Trusts
VA Benefits
Wills
Wound Care

The goal of ElderCareMatters.com is to provide families across America with the help they need to plan for and deal with their elder care matters. Let us know if there are other elder care services that you would like to have us list on ElderCareMatters.com – America's #1 source for Elder Care Experts plus information & answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO, ElderCare Matters, LLC
ElderCareMatters.com
1-877-379-4500

Question / Comment of the Day on ElderCareMatters.com: "This is a comment more than a question, but I wanted to compliment ElderCareMatters.com on being listed #5 this morning on Google for the search term "Elder Care". Since my family is always looking for useful information & resources about elder care, I wanted to commend ElderCareMatters.com on not only containing wonderful information about this important topic but also making it easy for families across America to find this information, i.e., being listed on page 1 of all the major internet search engines for many search terms pertaining to Elder Care / Senior Care Services. Congratulations!"

psanders — Thu, 15 Sep 2011 14:54:46 +0000

Answer: Thank you for your kind comments. This is exactly what we at ElderCareMatters.com are trying to accomplish, i.e., to become a trusted resource to ALL families across America regarding elder care matters.

We continually strive to make it easier for families such as yours to locate ElderCareMatters.com via ALL the major internet search engines, and we will continue to improve our search engines rankings for key words related to elder care matters.

In addition to our improved internet ranking, ElderCareMatters.com now has more than 1,600 professional members who provide 72 different elder care / senior care services to help families across America plan for and deal with their elder care matters.

The # of professionals listed on ElderCareMatters.com is increasing daily; however, there are still many professionals across America who are not yet listed on this national elder care matters resource.

If you know of elder care providers near YOU who are not yet on our list, encourage them to join the national ElderCare Matters Alliance and to be listed on ElderCareMatters.com - America's #1 source for Elder Care Experts plus information and answers about a wide range of elder care matters.

Thank you for your support of Elder Care Matters and for your help in increasing the # of professionals listed on ElderCareMatters.com - a resource to help families across America plan for and deal with their elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder of ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "I noticed this morning that ElderCareMatters.com now has a total of 72 different elder care / senior care services that are included on this wonderful website. Can you tell me how these services are selected, and are there a maximum # of services that will be included on ElderCareMatters.com?"

psanders — Mon, 12 Sep 2011 14:40:43 +0000

Answer: ElderCareMatters.com is an elder care resource to help families across America plan for and deal with their elder care matters. With this goal in mind, we will continue to add more elder care-related services to ElderCareMatters.com in order to make this online elder care resource invaluable for families looking for help in planning for and/or dealing with their elder care matters.

Below are the 72 different elder care services currently listed on ElderCareMatters.com (with more services soon to be added):

Adult Day Care
Advance Medical Directives
Aging in Place Services
Alzheimer's / Memory Care Communities
Annuities
Arbitration
Asset Protection Planning
Assisted Living Communities
Assisted Living Referral Services
Bankruptcy
Caregiving Education
Consumer Law
Continuing Care Retirement Communities
Crisis Intervention
Daily Money Management / Bill Paying
Dementia Care
Disability Income Insurance
Elder Abuse Litigation Services
Elder Law
ElderCare Planning / Long-Term Care Planning
Estate Administration
Estate Liquidation
Estate Planning
Financial Planning
Funeral Services
Geriatric Care Management
Guardianship / Conservatorship
Health Insurance
Hoarding Clean Up and Coaching Services
Home Care
Home Downsizing Services
Home Health Care
Home Modifications
Hospice Care
Independent Living Communities
Investment Services
Life Care Planning
Life Insurance
Litigation
Long-Term Care Insurance
Medicaid / Disability Planning
Medical / Healthcare
Medical Alert Systems
Medical Claims Processing
Medical Equipment & Supplies
Medicare Consulting
Medicare Supplemental Insurance
Medication Management Services
Moving / Relocation Services
Personal Finance / Accounting / Tax Preparation
Powers of Attorney
Probate
Professional Organizing
Public / Non-Profit Resources
Real Estate Services
Rehabilitation Services
Residential Psychiatric Care
Respite Care
Retirement Planning
Reverse Mortgages
Securities Arbitration & Litigation Services
Senior Move Management
Senior Move Planning
Social Security Disability Services
Special Needs Planning
Tax Law
Tax Planning
Transportation Services
Trustee / Fiduciary Services
Trusts
VA Benefits
Wills

If you need help with your family's elder care matters, you can count on ElderCareMatters.com to provide you with the experts, information & answers you need to plan for and deal with your elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO of ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "I searched ElderCareMatters.com this morning looking for help with a specific elder care service in my home state and found the comment "Coming Soon". What specifically does this mean, i.e., when can I expect to see experts in this category for my home state of Missouri?"

psanders — Fri, 09 Sep 2011 14:02:27 +0000

Answer: Almost 1,600 professionals across America who help families plan for and/or deal with the issues of aging are now members of the national ElderCare Matters Alliance and listed on ElderCareMatters.com - America's #1 source for Elder Care Experts plus information and answers about a wide range of elder care matters.

Listed on ElderCareMatters.com are professionals who provide a total of 69 different elder care services (and this # will continue to grow), including:

Adult Day Care
Aging in Place Services
Assisted Living
Daily Money Management / Bill Paying
Elder Law
Estate Planning
Financial Planning
Geriatric Care
Home Care
Life Care Planning
Medical Equipment & Supplies
Real Estate Services
Senior Move Management
Special Needs Planning
VA Benefits
Wills

Phillip G. Sanders, MBA, MSHA, CPA
Founder of ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "Is there a certain number of Elder Care Experts that will be accepted into the national Elder Care Matters Alliance? Specifically, will the Alliance have a maximum number of experts in each service category for each state chapter?"

psanders — Thu, 08 Sep 2011 15:44:19 +0000

Answer: Our commitment at ElderCare Matters is to provide families across America with elder care resources (Experts, Information & Answers) to help them plan for and deal with their elder care matters. To this end, we have no set # of experts that we will showcase on ElderCareMatters.com but rather we are inviting ALL competent, caring elder care professionals across America to become a part of this phenonmenal elder care resource.

ElderCare Matters is where you will find 1,579 Elder Care Experts near YOU (and this # is growing daily) who have years of experience in helping families with elder care matters, including:

Elder Law Attorneys
Estate Planning Advisors
Financial & Investment Advisors
Geriatric Care Managers
Insurance Professionals
Reverse Mortgage Lenders
Senior Move Managers
Tax Advisors
Daily Money Managers
Other elder experts with long and successful careers working with seniors and their families

This is also where you will find some of America's best:

Assisted Living Communities
Alzheimer's / Memory Care Communities
Continuing Care Retirement Communities
Home Care Agencies

So if you help families plan for and/or deal with elder care matters and you are a competent, caring elder care professional, then you should be listed on ElderCareMatters.com – America's #1 source for Elder Care Experts plus information and answers about a wide range of elder care matters.

To request an Application for Membership to the national ElderCare Matters Alliance, send an email directly to: info@ElderCareMatters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO of ElderCare Matters
ElderCareMatters.com
1-877-379-4500

Question of the Day on ElderCareMatters.com: "I'm an Elder Care Professional with years of experience in helping families plan for and deal with their elder care matters. Would you please let me know how I can get listed on ElderCareMatters.com (this wonderful online resource to help families across America plan for and deal with their elder care matters) and what the different pricing options include, including your FREE Membership option?"

psanders — Mon, 05 Sep 2011 21:25:00 +0000

Answer: The more resources (Experts, Information & Answers) families have available to help them with their elder care matters, the better decisions they will be able to make when planning for and dealing with these important elder care matters.

In fact, this Labor Day weekend, my family and I are dealing with Elder Care Matters with my in-laws because my Mother-in-Law has Alzheimer's Disease with a myriad of other health issues and my Father-in-Law finally made the decision early Sunday morning to admit her to a Skilled Nursing Facility.

My family and I found the help we needed (including finding the Elder Law Attorney whom my Father-in-Law hired from a small South Georgia town) through my contacts with the national ElderCare Matters Alliance, a national network of 1,576 Elder Care Experts who have "teamed up" on ElderCareMatters.com to provide families, such as ours, with the resources that they need to be able to make educated decisions about Elder Care Matters.

The purpose of ElderCareMatters.com is to provide ALL families across America with easy online access to ALL competent, caring Elder Care Experts in America, plus useful, up-to-date Elder Care Information, and answers to their Elder Care Questions.

Although ElderCareMatters.com currently has 1,576 professional members available to help families with their elder care matters, this is not enough.

So in order to encourage ALL Elder Care Professionals across America to become a part of this online resource, we have decided that we will now offer 3 different Membership options, including a FREE Basic Membership option.

Now, there should be no excuse (including financially) why ALL competent, caring Elder Care Professionals across America should not be listed on ElderCareMatters.com - America's #1 online source for Elder Care Experts plus information & answers about a wide range of elder care matters.

To request an Application for any of our 3 different levels of Professional Membership (Basic, Premium or Lifetime) to the national ElderCare Matters Alliance, send an email directly to: info@ElderCareMatters.com.

Phillip G. Sanders, MBA, MSHA, CPA
Founder, ElderCareMatters.com
1-877-379-4500

This Week's Featured Elder Care Expert on ElderCareMatters.com is Phillip Sanders, Founder of ElderCareMatters.com

psanders — Mon, 05 Sep 2011 20:22:15 +0000

Phillip G. Sanders, MBA, MSHA, CPA
Founder of ElderCareMatters.com
1-877-379-4500

This week's Featured Elder Care Expert on ElderCareMatters.com is Phillip G. Sanders, MBA, MSHA, CPA, Founder of ElderCareMatters.com, America's #1 online source for Elder Care Experts plus information & answers about a wide range of elder care matters.

Every day this week (M-F), Mr. Sanders will answer one of your questions about this online elder care resource that helps families across America plan for and deal with their issues of aging.

One selected question along with Mr. Sanders' answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask the Founder of ElderCareMatters.com a question, just send a short email (a few sentences please) to: Questions@ElderCareMatters.com.

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Elder Care Question of the Day.

Question of the Day on ElderCareMatters.com: "My Dad was placed in a assisted living home 3 weeks ago, my mom now lives with me. Two questions please. How do I separate their money? And am I allowed to have my mom help pay the bills now that she is living with me?”

psanders — Fri, 02 Sep 2011 16:33:27 +0000

Answer: The best thing to do is to get your Mother (and Dad, if possible) to sign a power of attorney form, giving you the right to handle their financial affairs. If they have a checking account, I suggest you take the executed Power of Attorney form to their bank and become a signatory on their checking account. Once both sign the POA form, there will be no need to “separate” their money. Hope this helps.

To find competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Gregory D. Roberts, CFP, CLU, ChFC, CLTC, EA
Life Solutions
Aiken, South Carolina 29803
803-617-9805
Member of the national ElderCare Matters Alliance, South Carolina chapter

Question of the Day on ElderCareMatters.com: "My husband and I had never purchased long term care insurance, since it was too expensive. Now that he has passed away, I am concerned that I might become a burden for my children. Are there any options for me at my age?”

psanders — Tue, 30 Aug 2011 19:09:25 +0000

Answer: Yes, there are planning steps you can take now. First, check with your local agencies, such as the Area Council on Aging to find out what eldercare services are available in your area. You may find that there are adult day care centers that cost nothing or are very reasonably priced. Next, determine out what the cost of eldercare is in your community. These providers will include home health care agencies, nursing homes, and assisted living facilities. Prices vary, so survey the market carefully.

Involve your children and inform them of your wishes in the event you need custodial eldercare services, and write down your wishes. Name one of your children or friends that you trust as your eldercare coordinator. As an aside, it is always a good idea to consult with an attorney and have a durable power of attorney drafted, as well as a living will.

If you have assets available for possible eldercare expenses, you should designate those as being for that purpose. If you have existing life insurance or annuity policies, it may be possible to leverage those products by re-positioning them into products that can provide enhanced eldercare dollars in the event that you need them. Check with your financial advisor.

Gregory D. Roberts, CFP, CLU, ChFC, CLTC, EA
Life Solutions
Aiken, South Carolina 29803
803-617-9805
Member of the national ElderCare Matters Alliance, South Carolina chapter

Question of the Day on ElderCareMatters.com: "My parents are both in their 80s and living in Illinois. We are considering moving them into an assisted living arrangement that requires a deposit, which would be returned (on a pro-rated basis) should they move or die. Does this deposit qualify for the homestead exemption under Medicaid eligibility?”

psanders — Fri, 26 Aug 2011 00:12:00 +0000

Answer: Whether or not your parents’ deposit qualifies as an exempt asset under Medicaid depends on whether the contract is a lease agreement or a contract to purchase a unit. At many assisted living residences the contract is a lease agreement, not ownership, and will not qualify. In Massachusetts, home ownership is required to qualify for the exemption for your home. The home ownership exemption, however, is not valid if he is not able to return home. As a result, many clients who own homes will protect them and their life-savings with an asset protection trust. That way the deposit at an assisted living residence can be funded with home sale proceeds or other savings and continue to be protected in the trust even if they get sick in a nursing home and are no longer able to satisfy the requirement of “intending to return home.” As a result of the asset protection trust there is more flexibility and greater protection for life savings, without the otherwise required ability to return home.

Dennis B. Sullivan, Esq., LLM, CPA
Estate Planning & Asset Protection Law Center of Dennis Sullivan & Assoc.
Wellesley, Massachusetts 02482
781-237-2815
Member of the national ElderCare Matters Alliance, Massachusetts chapter

Question of the Day on ElderCareMatters.com: "My father recently moved to an Assisted Living Facility but still owns the home he moved from. We plan to apply for a VA pension to help cover the cost of assisted living (prior to moving to assisted living, he was receiving in-home care). I have done a lot of reading about applying and qualifying for VA benefits but still have this question: I know that an applicant’s net worth does not include the value of the home he lives in. But will the VA consider the value of his home as part of his net worth/assets as he is not currently living in the home?"

psanders — Thu, 25 Aug 2011 13:23:31 +0000

Answer: As far as the Veterans Administration is concerned, the home your father owns is considered his home whether or not he is currently living there and will not impact his eligibility for benefits. One thing you and your family should be careful of, however, is renting the home. If you rent the home and its classification switches from residential property to rental property, it may be considered an asset and cost your father his veteran’s benefits.

Question of the Day on ElderCareMatters.com: “My 93 year old grandfather from North Carolina who is in good health moved in with my family 9 months ago. My (absentee) brother and I are the only heirs. My husband and I are purchasing a new home to increase space for our new family. My grandfather wants to give us $200k toward the house in order to spend down a portion of his cash savings. Should we include him on the deed and homestead him in the new state of Florida or simply receive the money as a "gift"? My husband and I are financially independent and while we appreciate the gift, we do not need the gift to purchase the new home.”

psanders — Tue, 23 Aug 2011 20:16:59 +0000

Answer: There is a 5 year look back period for Medicaid. Any asset transfers, including gifts, made within this 5 year look back window will trigger a penalty period of ineligibility to receive Medicaid benefits. There are ways to avoid triggering these penalties but an outright gift is not one of the ways.

As an example of the problem with making an outright gift, if your grandfather gifts to you $200,000 today and in 3 years requires skilled care, the gift of $200,000 will render him ineligible for Medicaid benefits for a significant period. During the period of ineligibility he, or you, will have to pay for any nursing home care.

In Massachusetts, the homestead protection will not keep your grandfather’s $200,000 from the reach of nursing homes, but a primary residence is often an exempt asset for Medicaid (Mass Health). In Massachusetts however, the nursing home or skilled care facility will be able to put a lien on your home if you use a portion of his $200,000 gift to purchase the home and put his name on the deed.

However, since you are buying your home in Florida, it may be to your grandfather’s advantage to have him contribute to the new house and count it as his “homestead”. If he requires nursing home care in Florida, it is my understanding that his $200,000 would be exempt, but you should check with an attorney in Florida.

If your grandfather is truly seeking to protect assets from the reach of nursing homes, setting up an asset protection trust is often the recommended option. Creating an irrevocable trust starts the 5 year look back clock as soon as the trust is funded. Once the property is in the trust, your grandfather can make any type of gift or transfer he so chooses without “resetting” the 5 year look back period. In addition the irrevocable trust allows your grandfather to protect ALL of his assets while allowing access to income. As another added benefit, your grandfather’s life savings will be left to his loved ones without the need for probate.

Question of the Day on ElderCareMatters.com: "I’m the trustee on my parent’s trust. Parts of the trust’s assets are held in the stock market. With the recent market fluctuations, can I be held responsible for any losses the trust’s stock may have sustained?"

psanders — Mon, 22 Aug 2011 13:47:37 +0000

Answer: Generally, a fiduciary is a person who manages property for the benefit of another, exercises discretionary authority or control over an asset(s), and/or renders comprehensive and continuous investment advice. When you accept the role to trustee, you are a fiduciary and accordingly you become personally liable to all trust beneficiaries. Liability is not determined by the performance of investments but by whether you followed “prudent investment practices”.

The Prudent Investor Act sets forth 7 Uniform Standards of Care to avoid being found liable for investments losing value:

Know standards, laws, and trust provisions.
Diversify assets to the specific risk/return profile of the trust. Each trust and beneficiary will have specific cash flow requirements and risk return objectives. The interests of all need to be weighed.
Prepare an Investment Policy Statement (IPS). The IPS is basically a business plan for the trust’s investments. It lays out goals and policies regarding trust investments.
Use “prudent experts” (lawyers, money managers, CPAs) and document due diligence. Unless you are an experienced professional this can be a daunting task. Any slip up and you could be paying out of your pocket. Hiring an expert, so long as you use due diligence in determining their qualifications, and your liability is eliminated.
Control and account for investment expenses. It is your role to make sure that the trust is paying a fair fee for the professional services.
Monitor the activity of “prudent experts”. Monitoring the investment professional is part of using due diligence. You, as trustee, want to be sure the money manager is not taking funds and is working toward accomplishing the goals stated in the IPS.
Avoid conflicts of interest and prohibited transactions. Although this seems silly, trustees often violate this principal. A trustee cannot use entrusted assets for personal or business gain.

This is one of the most common areas of litigation we see today. Especially with the market falling and stocks losing value, people are afraid to make changes and are standing still, thinking that if they do nothing they will not be liable for losses. NOT TRUE. Trustees do not need to personally guarantee every investment decision is successful. What a trustee should do is follow a system that ensures you are following the Prudent Investor Act standards. There is a 5 Step Investment Management Process you can use to be sure you are within the prudent investor standard:

Analyze Current Position. This is where you review current investment activates, disbursements, investing strategies and policies, and legal constraints. You examine what the trust’s investment picture currently looks like.
Design the Optimal Portfolio. This is where you propose optimal asset allocation strategies and suggest any changes, keeping in mind the current market.
Formalize Investment Policy. The policy should include investment objectives, guidelines, as well as guidelines for selecting and monitoring money managers, if you have them.
Implement Policy. Here you would propose a number of alternative money manager structures, negotiate favorable fees and coordinate brokerage services.
Monitor & Supervise. In monitoring the investments you would prepare detailed monthly appraisal and transaction report as well as quarterly reports that compare performance of the trust’s investments against the performance of the market and the state objectives.

To answer your question, as long as you followed the 7 Uniform Standards of Care and the 5 step process for managing investments you will not be found liable for any investment losses.

This Week's Featured Elder Care Expert on ElderCareMatters.com is Dennis B. Sullivan, Esq., CPA, LLM

psanders — Mon, 22 Aug 2011 13:28:50 +0000

Dennis B. Sullivan, Esq., CPA, LLM
888 Worcester Street, Suite 260
Wellesley, Massachusetts 02482
781-237-2815
www.EstatePlanandAssetProtection.com

Member of the national ElderCare Matters Alliance, Massachusetts chapter

This week's Featured Elder Care Expert is Dennis B. Sullivan, Esq., CPA, LLM, Member of the Massachusetts chapter of the national ElderCare Matters Alliance (a network of 1,500+ elder care experts across America).

Mr. Sullivan has over 25 years of experience helping individuals and families with tax, estate, and asset protection planning.

Every day this week (M-F), Attorney Sullivan will answer one of your questions about his areas of expertise (Tax, Estate Planning, Asset Protection Planning), and this selected question along with Mr. Sullivan's answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask Mr. Sullivan a question about your elder care matter, just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Featured Elder Care Question of the Day.

Question of the Day on ElderCareMatters.com: "Help! I hired an independent home care provider several months ago and now I am literally fearing for my safety. Many of my treasured items from my home have been taken and money has been taken from my purse as well. The care that I was supposed to be given is almost non-existent and I dare not complain. How do I go about getting rid of this person without fearing that she will harm me afterwards? Whom should I contact?"

psanders — Thu, 18 Aug 2011 16:47:26 +0000

Answer: You should contact the local authorities immediately, report the theft, and ensure they understand that you’re fearful for your safety. In addition, I would terminate the services of your current caregiver and contact a local licensed home health agency.

Question of the Day on ElderCareMatters.com: "My mother is 79 years old and suffers with Alzheimer’s Disease. She and my Dad, who is 81 years old, live by themselves with Dad now providing all of her elder care, which simply cannot continue because Dad is showing signs of “burning out” both mentally and physically. My question is: Can you please provide me with a series of questions that I could ask when interviewing home care agencies so that I will have a better chance of hiring the right home care company for my elderly parents? This hiring decision is simply too important to leave to chance. Thank you."

psanders — Tue, 16 Aug 2011 16:45:13 +0000

Answer: This is a great question. Choosing the home health agency that is best-suited for your needs is essential, but the most important selection is the caregiver. Selecting a caregiver that understands the specific needs and dynamics of an Alzheimer’s patient is critical and will determine the success of a strong relationship between your parents. Here are the questions I suggest you ask:

Is the home health agency licensed? If so, request a copy of their license. This will insure that the agency is operating under the regulations of the state.
How long has the agency been in business? It is best to choose a well-established agency. They generally offer more experienced, trained caregivers.
Are the caregivers licensed, insured and supervised? You want an agency that has professional, general liability and workers compensation coverage. If the caregivers are going to drive your parents, you should inquire about non-owned auto insurance. If caregivers are transporting patients and utilizing their own vehicle, this is a must. If they’re going to use your parents’ auto, call your parents’ insurance carrier and inquire about adding them to coverage. Moreover, if driving is required, ask the agency if they run a DMV check on the caregiver.
Does the agency do an Assessment Visit? If so, is this done by a Registered Nurse and is there a cost ? This is another significant step in the process for a number of reasons. You might feel that your mother needs four hours per day, but after assessing her, the opinion of the licensed professional might be considerably different. A clinically trained expert can determine if other services are needed, e.g. physical therapy. In addition, a better understanding of the home surroundings will ensure a safer environment for your parents.
How often is the caregiver supervised and by whom? Look for a RN supervision answer here. If not, that’s a concern.
What type of background screening is required of the caregiver? You should focus on a criminal background, abuse registry and reference checks. For me, the criminal background and reference checks are the most important.
Can I/we interview the caregiver(s)? If so, is there a charge? Either way take advantage of it.
If we’re not satisfied with the current caregiver, what’s the agency policy on providing a replacement?
Does the agency have a minimum amount of hours that are required? Although this varies agency by agency, most require a four hour minimum.
What are the rates?
1. Hourly
2. Daily: This is typically a live-in case where the caregiver is present in the home for 24 hours per day. This practice varies agency by agency based on the availability of live-in caregivers.
3. How often do they bill and are you required to pay in advance? If they request advanced payment, it is typically for two weeks. See if you can pay this on a credit card. The credit card will offer some safeguard to you if you’re not happy with the agency and want to make a change.

Another aspect of selection is whether or not your parents have Long Term Care insurance (LTC). If they do have coverage, here are some questions.

What LTC carriers do they accept?
Do they accept Assignment of Benefits (AOB)? If so, this allows the agency to bill the LTC carrier directly.
Does the policy have an Elimination Period? If so, how long? If the policy does, which most do, you’re required to pay for services within the Elimination Policy. An Elimination Policy can range from 30 to as many as 120 days.

I hope that I’ve given you a starting point for discussions with prospective home health agencies. I would shop a minimum of three agencies and dig as much as possible.

Bart Delsing, Owner & Chief Operating Officer
FirstLantic Healthcare, Inc.
Delray Beach, Florida 33445
561-243-7979
Member of the national ElderCare Matters Alliance, Florida chapter

Question of the Day on ElderCareMatters.com: "I'm trying to manage my mother’s doctor appointments, health insurance and everyday needs from another state, but this is becoming overwhelming. Is there a service that I could rely on to provide my mother with the care she needs while I am so far away?"

psanders — Mon, 15 Aug 2011 14:43:35 +0000

Answer: Meeting the needs of your loved one from hundreds of miles away is no easy task. Increasingly, as the population ages, many families are finding themselves in similar situations. Professional geriatric care management specializes in the challenges associated with long distance care giving. This service is designed to ensure peace-of-mind when it is neither feasible nor realistic to be hands-on and act as a locally-based caregiver. A professionally trained care manager specializes in caring for the aged, injured and disabled, and acts as a consultant and advocate for your loved one, ensuring the integrity of care you demand.

For instance, at FirstLantic Healthcare, we conduct a thorough assessment of the client’s needs, evaluate his or her ability to function independently, review his or her physical, emotional, and social well-being, as well as financial viability and medical condition. We develop and discuss a plan of care, arrange for the appropriate services, and fully implement the plan, which can be as extensive or as minimal as the situation warrants. Services include:

- Client advocacy

- Comprehensive evaluations and assessments

- Special needs trust and disability management

- Crisis intervention

- Supportive counseling

- Medication management

- Budget preparation

- Attendance at appointments

- Coordinating care and community services

- Residential placement assistance

- Guardianship monitoring and/or avoidance

- Legal support through complementary documentations

Care managers are nurses or social workers, specialists that understand the intricacies of the healthcare system. If and when you make the decision to hire a professional management company, be sure they deliver the right combination of service, professionalism and kindness. It makes all the difference in providing you a sense of security and alleviating the anxiety and concerns of taking care of your loved one in the best possible manner.

Bart Delsing, Owner & Chief Operating Officer
FirstLantic Healthcare, Inc.
Delray Beach, Florida 33445
561-243-7979
Member of the national ElderCare Matters Alliance, Florida chapter

Question of the Day on ElderCareMatters.com: "When you need an answer to one of your elder care questions, who can you ask?"

psanders — Thu, 11 Aug 2011 23:26:47 +0000

Answer: Ask the experts of the national ElderCare Matters Alliance, 1,500 of America's top elder care experts with years of experience in helping families plan for and deal with their elder care matters.

Every day one of our elder care experts will answer your family's important questions about elder care matters – from legal, financial, housing, healthcare, etc.

If you would like to ask one of our Elder Care Experts a question about his/her areas of expertise, just send a short email (a few sentences only please) to: questions@ElderCareMatters.com.

Every day we will post one of your questions along with an answer provided by our Featured Elder Care Expert of the Week on the homepage of www.ElderCareMatters.com (which is currently visited by thousands of families each week). Yours may be one of the questions posted. Of course, we'll keep your question anonymous and generic so that every family may benefit. Not to worry.

So bookmark www.ElderCareMatters.com and visit us daily as questions about a wide range of elder care matters are answered FREE of CHARGE by some of America’s top elder care professionals with years of experience helping families plan for and deal with the issues of aging.

Phillip G. Sanders, MBA, MSHA, CPA
Founder, ElderCare Matters
1-877-379-4500
www.ElderCareMatters.com

Question of the Day on ElderCareMatters.com: "What exactly is Medication Therapy Management? Mom’s primary care physician mentioned this briefly at our last doctor’s appointment as an option for my mom who has had several “close calls” recently with overdosing on prescription drugs. Please advise."

psanders — Thu, 11 Aug 2011 18:52:07 +0000

Answer: Medication Therapy Management (MTM) is a process that reviews and evaluates how each senior is responding to their unique group of medications—prescription, non-prescriptions, over the counter and natural medications, supplements, vitamins, minerals…any item that is in use to improve health. It also evaluates food intake, how the medications are taken or used.

Families, caregivers and other loved ones also share their insights about how the senior is responding to the “medications”, as many of them are with the senior at various time of the day. An action plan is developed to address these issues or concerns. There are many things that the senior and/or their family can do to improve the benefits of the “medications” in use and to minimize the side effects or other problems. Prescribers are also contacted for changes in medications orders, provided with information about the use of multiple medications and changes made in medication dosage, and frequency of dose.

Having one person organize such reviews and provide information to other members of the healthcare team can be very successful in avoiding the “close calls” that cause seniors end up in the emergency room, admitted to the hospital or even subsequently moved to the nursing facility.

Medication Therapy Management may also be known by another name…Comprehensive Medication Review (CMR) which is defined as a systematic process of collecting patient-specific information, assessing medication therapies to identify medication-related problems, developing a prioritized list of medication-related problems, and creating a plan to resolve them with the patient, caregiver and/or prescriber. A CMR is an interactive person-to-person consultation conducted between the patient and/or caregiver and the pharmacist and is designed to improve patients’ knowledge of their prescription, over-the-counter (OTC) medications, herbal therapies and dietary supplements, identify and address problems or concerns that patients may have, and empower patients to self-manage their medications and their health condition(s).

I hope this helps…

To find other competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky 40222
502-425-8642
Member of the national ElderCare Matters Alliance, Kentucky chapter

Question of the Day on ElderCareMatters.com: "My husband and I are both in our 80s and take a lot of prescription medicines. My question is whether there are any programs in place (nationally or in our state of Kentucky) that help seniors get their prescription drugs at a discount. We are spending far too much of our monthly income paying for prescription medicine. Please help."

psanders — Wed, 10 Aug 2011 15:12:42 +0000

Answer: The first option is to always ask your prescriber for samples. While this may work earlier in the year, as many seniors enter the donut hole, the demand for certain medications may far exceed the supply that prescribers have to share with their patients. Always have your “next option” underway.

In my locale, we have KIPDA (Kentuckiana Regional Planning and Development Agency) and similar regional agencies can be found throughout the country. Many offer community outreach programs covering qualified Medicare beneficiaries under the “Extra Help with Prescription Drug Costs.” This program is funded by the Social Security Administration, the Extra Help program provides premium, deductible, and co-payment subsidies for Medicare Part D using new 2011 Federal higher income levels.

Qualified individuals must meet the specific criteria to receive a full or partial subsidy: they must be entitled to, or enrolled in, Medicare Part D; reside in one of the 50 states or the District of Columbia; and meet annual income guidelines. I would suggest that you contact the Social Security office; they should be able to provide a phone number for a similar agency in your region. Ask that office if they provide a similar service. Also, you can go online to www.socialsecurity.gov and click on “Get extra help with Medicare prescription drug costs” located in the left hand column; or call Social Security at 1-800-772-1213 (TTY 1-800-325-0778).

Rx Help at 1-800-760-7616 is an organization that provides drug discount cards services. Share the following with your pharmacy (most national pharmacies participate) and this organization offers 10-85% on all FDA approved brand-name and generic medications (ID# National 001/RX Bin# 014582, Grp NDC707). Another option is Rx Assist (www.rxassist.org or 401-729-3284) that also has information about patient assistance programs and drug discount cards.

Benefits Check Up Rx is sponsored by the non-profit National Council on the Aging. This web site checks the potential eligibility of adults age 55 and over for more than 260 public and private prescription drug programs. After completing a questionnaire, the user receives a confidential, personalized report. The entire process typically takes five to seven minutes to complete. (http://www.benefitscheckup.org/before_you_start.cfm?screen=BenefitsCheckUpRx)

Pharmaceutical Patient Assistance Programs where several pharmaceutical companies feature programs to help eligible applicants reduce their medication costs. These programs are usually limited to the company's brand-name medications, and will most likely have specific requirements including age and income.

Partnership for Prescription Assistance (info@pparx.org or 800-477-2669) is an organization that researches the various drug assistance programs currently available and provides access to more than 275 public and private patient assistance programs, including more than 150 programs offered by pharmaceutical companies.

NeedyMeds (www.needymeds.org) is a web-based service that shares information on cost saving ideas and includes drug coupon programs, disease-specific assistance programs, information about discount drug cards and more.

TogetherRx (www.togetherrxAccess.com or 800-444-4106) is a pharmaceutical sponsored program offers a 40-60 percent discount on certain brand name and generic medications for those who do not have prescription coverage.

I hope that this helps….

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky 40222
502-425-8642
Member of the national ElderCare Matters Alliance, Kentucky chapter

Question of the Day on ElderCareMatters.com: "What are the training requirements for the staff of Assisted Living Facilities as it relates to administering medications to residents?"

psanders — Tue, 09 Aug 2011 14:51:06 +0000

Answer: Training requirements for Assisted Living Facilities (ALFs) are regulated by each state, and educational and training requirements vary among the states to address the specific requirements of the state. Additionally, not all ALFs allow staff to administer medications, these facilities are often referred to as a social model, there are 5 or 6 in this classification.

To better understand the regulations for an individual state, you may find the specifics on each state's ALF association website, or staff within that association may assist you or clarify your questions. Also, ALFs may develop their own training that may exceed state requirement to address the special needs of the residents within the facility.

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky 40222
502-425-8642
Member of the national ElderCare Matters Alliance, Kentucky chapter

Question of the Day on ElderCareMatters.com:"What is the first step in preventing my mother from having problems with her medications?"

psanders — Mon, 08 Aug 2011 14:48:46 +0000

Answer: Make a list of all the medications that she uses, prescriptions, non-prescriptions, over the counters, supplements, and nutritionals.

Keep the list updated, make copies and share with other caregivers. Take the up-to-date list to all healthcare appointments and share with all healthcare providers.

I encourage you to go to my web site and download the Health ICE (In Case of Emergency). This form provides an area to list this information and much more.

Copies of this should be placed in 2 envelops, marked “Health ICE” and with your mother’s name. Place one on the refrigerator and one in the car. Emergency personnel are trained to look for such lists on the refrigerator and in the glove compartment of the car.

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky 40222
502-425-8642
Member of the national ElderCare Matters Alliance, Kentucky chapter

This week's featured Elder Care Expert on ElderCareMatters.com is Lynn Harrelson, R.Ph., Senior Care Pharmacist

psanders — Mon, 08 Aug 2011 14:31:25 +0000

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky 40222
502-425-8642
www.SeniorPharmacySolutions.com
Member of the national ElderCare Matters Alliance, Kentucky chapter

This week's Featured Elder Care Expert is Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist, Member of the Kentucky chapter of the national ElderCare Matters Alliance (a network of 1,500 elder care experts across America).

Ms. Harrelson has over 30 years of experience helping patients, families, caregivers, physicians and other health care providers with questions and concerns that arise when multiple prescriptions and other medications are used.

Ms. Harrelson provides guidance for those who are overwhelmed and confused about drug reactions, interactions, and side effects of taking multiple medications.

Every day this week (M-F), Ms. Harrelson will answer one of your questions about her area of expertise (Medication Management), and this selected question along with Ms. Harrelson's answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask Ms. Harrelson a question about your elder care matter, just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Featured Elder Care Question of the Day.

Question of the Day on ElderCareMatters.com: "My elderly parents are failing. It's a complicated situation, but I got a Durable POA to protect my mom's assets if my dad passes before my mom. My dad is named as the primary POA, in case my mom passes before my dad. I am named as the secondary. My question is if my dad passes before my mom, and since I am named as secondary on the POA forms, does that mean I automatically become the primary POA for my mother? Will I have the authority to make decisions regarding her estate? What other things should I know about being name "secondary" POA?. Also, I live in a different state than my parents, but the POA forms were created using the laws of their home state. Does living in another state have any impact on transferring authority from the primary to the secondary POA?"

psanders — Thu, 04 Aug 2011 14:01:26 +0000

Answer: If the power of attorney (POA) is valid in the state in which it was written, it should be valid in any state even if you are the secondary agent. You may have to prove that the primary has died through a death certificate. Assuming the POA grants you the right to make decisions regarding your mother's assets such as the power to write checks, to pay bills and deposit checks payable to your mother, living in another state should have no impact on a transfer of authority. One note of caution: The bank may view and make a copy of the original POA, but under no circumstances should they keep the original document. You will need the original document in the event your mother has assets with more than one financial institution.

Question of the Day on ElderCareMatters.com: "Husband and wife are both 85 and live in Massachusetts. Wife has early stages of Alzheimer's (possible Nursing Home admission in the future). If an income annuity is set up in the Husband's name, since it is income is this now a non-countable asset? Can a trust be named as primary beneficiary, in case he pre-deceases his wife, or do we have to name the State of Massachusetts as primary beneficiary up to the extent of benefits received? This annuity would be set up for income to be received for a period less than his life expectancy."

psanders — Wed, 03 Aug 2011 14:01:37 +0000

Answer: Yes, a trust can be named the beneficiary of an income annuity; however, it must be done 5 years (60 months) prior to eligibility for Medicaid in order to be a non-countable resource for Medicaid purposes. The spouse could be the primary beneficiary with the state the ultimate beneficiary.

Question of the Day on ElderCareMatters.com: "My family doesn’t have the money to hire an attorney but yet we need help with applying for VA assistance for my parents since my father served in World War II. Can you recommend where we could perhaps get this help without hiring a private elder law attorney?"

psanders — Tue, 02 Aug 2011 17:09:21 +0000

Answer: My suggestion is that you call the Dept. of Veteran's Affairs, Benefits Information Claims. The toll free number is 1-800-827-1000. Hope this helps.

Question of the Day on ElderCareMatters.com: "My brother has a severe handicap due to a birth defect. He has been receiving disability benefits through social security, as well as some state aid. When my parents die, if my brother inherits from my parent’s estate, will he be denied benefits due to the inheritance?"

psanders — Mon, 01 Aug 2011 15:33:55 +0000

Answer: In most cases I have recommended that the parents set up a living trust using "handicapped" language for the disabled child. This provides the disabled child supplemental care without loss of federal or state benefits and provides a better lifestyle. In addition, other children that are not disabled or handicapped can inherit their shares in a normal manner. There is no need to "disinherit" the disabled or handicapped individual.

In some cases a "Medicaid payback" trust may be used where the disability is the result of an injury or an accident and there is a sizeable insurance settlement that might reduce or eliminate Medicaid benefits. The theory is that the settlement dollars will be invested and the "payback" to Medicaid upon the death of the beneficiary will still leave a significant amount for the beneficiary's heirs, siblings or others.

To find competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

William "Bill" Brown, Attorney at Law
2999 E. Dublin-Granville Road
Suite 217
Columbus, Ohio 43231-4030
614-890-9099
Member of the national ElderCare Matters Alliance, Ohio chapter

This week's Featured Elder Care Expert on ElderCareMatters.com is William "Bill" Brown, Attorney at Law

psanders — Mon, 01 Aug 2011 15:10:50 +0000

William "Bill" Brown, Attorney at Law
2999 E. Dublin-Granville Road
Suite 217
Columbus, Ohio 43231
614-890-9099
Member of the national ElderCare Matters Alliance, Ohio chapter

This week's Featured Elder Care Expert is William "Bill" Brown, Attorney at Law, Member of the Ohio chapter of the national ElderCare Matters Alliance (a network of almost 1,500 elder care experts). Attorney Brown has practiced in the areas of probate, elder law, trusts and estate planning for over 50 years, and is the author of "Trusts" and "Estate Planning a Practical Guide".

Every day this week (M-F), Mr. Brown will answer one of your questions about his areas of expertise , and this selected question along with Mr. Brown's answer will be posted on the Featured Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask Attorney Brown a question about one of your elder care matters, just send a short email (a few sentences only please) to: questions@ElderCareMatters. com.

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Featured Elder Care Question of the Day.

Question of the Day on ElderCareMatters.com: "How long does the Guardianship process take?"

psanders — Fri, 29 Jul 2011 17:05:49 +0000

Answer: Temporary guardianship can be obtained quickly; it is possible to have a temporary guardian appointed the same day the petition is filed. The length of time required for the guardianship process when an emergency does not exist depends upon the availability of information necessary for preparation of court papers, the availability of a judge, the type of notice required to satisfy the Constitution under the circumstances of the case, and the existence of complicating factors, such as disagreement among interested parties, controversial issues, etc. In routine cases the most time-consuming process is preparing the documents and gathering the information for the presentation of the case. It is important to thoroughly investigate the case before filing it, because it cannot be withdrawn later without the court's permission. One is not permitted to file a frivolous court case and, if the case is filed and later investigation reveals that there is no justification for the case, there can be serious consequences for the petitioner and also for the petitioning attorney.

Once the case is filed, it usually takes from 14 days to two months for a decision to be reached by the court. The fact that a temporary guardian may have been appointed does not determine whether a permanent guardian will be appointed.

Janna Dutton, Attorney at Law
Founding Partner
Dutton & Casey, P.C.
Chicago, Illinois 60603
312-899-0950
Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day on ElderCareMatters.com: "Can Guardianship be used as a protective measure, along with orders of protection?"

psanders — Thu, 28 Jul 2011 18:30:51 +0000

Answer: Yes, guardianship is meant to protect the person and property of those who cannot manage for themselves, but it must be used with caution. Guardianship is an extreme form of intervention in the life of a person, because control over personal and/or financial decisions is transferred to someone else for an indefinite, often permanent, period. Once established, it can be extremely difficult to revoke, even if the guardian or the original petitioner believe that guardianship is no longer necessary. If the courts require expert testimony to support the revocation of guardianship, experts may be hesitant to certify that the person does not need guardianship. The right to privacy and independence in determining how to manage one's own affairs is paramount and should be limited or removed only for the gravest cause.

The law requires that guardianship be used only if it will promote the well-being of the person with disabilities and protect the person with disabilities against neglect, exploitation, and abuse, and encourages development of maximum self reliance and independence.

Orders of protection are defined under the Illinois Domestic Violence Act of 1986, and the Probate Act incorporates the provisions of the IDVA by reference. The Probate Act provides that all IDVA procedures for the issuance, enforcement and recording of orders of protection shall also be available in guardianship cases. Consequently, an order of protection may be joined together with a plenary or temporary petition for adjudication of disability, and a court may enter both orders of protection and orders appointing guardians in the same proceeding.

Janna Dutton, Attorney at Law
Founding Partner
Dutton & Casey, P.C.
Chicago, Illinois 60603
312-899-0950
Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day on ElderCareMatters.com: "What types of Guardianship are available under Illinois Law?"

psanders — Wed, 27 Jul 2011 16:24:57 +0000

Answer: There are several types of guardianship available under the Illinois Probate Act. It is important that all available options be considered to determine the appropriate form of guardianship for a specific person with disabilities. In each case, consideration should be given to requesting either limited or plenary guardianship. Limited guardianship is used when the person with disabilities can make some, but not all, decisions regarding his/her personal care and/or finances.

The basic forms guardianship can take follow:

Limited Guardianship – used when the person with disabilities can make some, but not all, decisions regarding his/her person and/or estate. "Guardianship shall be ordered only to the extent necessitated by the individual's mental, physical and adaptive limitations." A limited guardian makes only those decisions about personal care and/or finances which the ward cannot make. The powers of a limited guardian must be specifically listed in the court order. The ward retains the power to make all other decisions regarding his/her person or estate. Limited guardianship may be used to appoint a limited guardian of the person, a limited guardian of the estate, or both.
Plenary Guardianship – used when the "individual's mental, physical and adaptive limitations" necessitate a guardian who has the power to make all important decisions regarding the individual's personal care and finances. Plenary guardianship may be used for the person, the estate, or both.
Guardianship of the Person – used when a person, "because of his disability, lacks sufficient understanding or capacity to make or communicate responsible decisions regarding the care of his person." The guardian of the person makes decisions regarding the "support, care, comfort, health, education,…maintenance, and…professional services" (such as educational, vocational, habilitation, treatment and medical services) for the person under guardianship who is called a ward.
Guardianship of the Estate – used when the person "because of his disability…is unable to manage his estate or financial affairs". A guardian of the estate makes decisions about management of the ward's property and finances.
Temporary Guardianship – used in an emergency situation. Temporary guardianship can last no longer than 60 days and is a means to assure that the person who evidences need for guardianship receives immediate protection.
Successor Guardianship – used upon the death, disability, or resignation of the initially appointed guardian, when guardianship is still needed.
Testamentary Guardianship – used by parents of a person with disabilities and designates, by will, a person who assumes the guardianship appointment upon the death of a parent. The designated person must still be appointed by the court before he/she can serve as guardian. The court will consider the designated person but is not bound by the testamentary designation. It can appoint someone else if the proposed guardian is found to be inappropriate.

Janna Dutton, Attorney at Law
Founding Partner
Dutton & Casey, P.C.
Chicago, Illinois 60603
312-899-0950
Member of the national ElderCare Matters Alliance, Illinois chapter

Question of the Day on ElderCareMatters.com: "How does one assess that a person may be in need of Guardianship?"

psanders — Wed, 27 Jul 2011 00:58:35 +0000

Answer: The fact that a person has a mental disability does not automatically dictate a need for guardianship. The test for determining the need for guardianship focuses on the ability of the person to make decisions and to properly communicate decisions once made. Making incorrect or ill-advised decisions on a periodic basis is not the test. Rather, it is an inability to engage in the decision making in the first place which is important. A practical set of questions that may be addressed are as follows:

Does the person understand that a particular decision needs to be made?
Does the person understand the options available in any decision?
Does the person understand the consequences of each option?
Is the person able to properly inform appropriate parties once the decision has been made?

The inability to make sound decisions about where to live, where to work, how and when to seek medical care or other professional services, how to properly care for dependents, and how to purchase items like food and clothing is indication that a person may be in need of some guardianship services.

Janna Dutton, Attorney at Law
Founding Partner
Dutton & Casey, P.C.
Chicago, Illinois 60603
312-899-0950
Member of the national ElderCare Matters Alliance, Illinois chapter