Consultation with an estate-planning attorney versed in long-term care is highly advised to determine whether VA benefits and/or Medi-Cal benefits can be acquired. Click here or call 877-822-3335 to ask attorney, Stuart Furman a question or arrange a consultation.
| Source | Value/Amount Husband |
Value/Amount Wife |
|---|---|---|
| Home | ||
| Checking | ||
| Savings/CDs | ||
| Stocks/Bonds/mutual funds | ||
| IRAs | ||
| Annuities | ||
| Other | ||
Total Sources |
Consultation with an estate-planning attorney versed in long term care is highly advised.
The basics before you search for a care home
Establish a budget (considering a spouse that might be living at home)
Determine the desired location
Determine an individual`s functional and mental capabilities
If the answer is NO to ANY of the above, this is the time to prepare or amend such documents. Consultation with an estate-planning attorney versed in long term care is highly advised. Click here or call 877-822-3335 to ask attorney, Stuart Furman a question or arrange a consultation.
Living Trust.
A living trust is an entity that holds title to certain assets for easy management in the event of incapacity or death. A properly drafted and funded living trust avoids the need for Probate, Conservatorship or Guardian proceedings (over the financial affairs), can maximize tax savings for heirs, and can provide valuable tools to help the family qualify for certain governmental entitlements or benefits.
Will.
This is a last will and testament which gives a Probate court judge instructions as to whom you want to pass your assets to.
Financial Power of Attorney.
A financial power of attorney can be drafted giving current powers to an agent or can be a 'springing' power of attorney where the powers spring into effect upon incapacity. Powers of attorney can also be general powers of attorney or limited to certain actions.
Health Care Advance Directive.
This is a power of attorney to allow another person to make your medical decisions in the event that you are unable to make them for yourself. This document includes 'end-of-life' decisions including 'pulling-the-plug'.
HIPAA.
This is a general release of medical records for certain specified people.
Catastrophic health care provisions.
These are certain provisions drafted into the living trust and power of attorney that give the power to take action to protect assets and qualify an individual for governmental benefits.
Are assets held in the proper name? Certain assets, like real estate, must be transferred to the living trust in order to avoid probate. Other assets are not transferred to the trust but otherwise avoid probate, such as IRAs, life insurance and the like. It is important to review the 'vesting' of assets to make sure that all resources are in the proper name.
No one can be forced to move or do something that they do not want to do or against his or her will without a Court order (called a 'conservatorship over the person' or 'guardianship', in some jurisdictions).
A common fallacy is that a medical advance directive gives the 'agent' this legal power. The medical advance directive only grants the agent the right to make medical decisions for the individual not to physically force them to do something against their will.
Before considering a move, discuss the options with the elder that is competent to understand their situation and options. If they are not competent, you must determine the legal authority that you have (for 'combative' and for 'complacent' incompetent elders).
What is Home Health Care?
Home health care is simply health care at home. It helps seniors live independently for as long as possible, given the limits of their medical condition.
More specifically, home health care may include occupational and physical therapy, speech therapy, and even skilled nursing. It may involve helping the elderly with activities of daily living such as bathing, dressing, and eating. Or it may include assistance with cooking, cleaning, other housekeeping jobs, and monitoring one`s daily regimen of prescription and over-the-counter medications.
The distinction between home health care and home care services is not always clear. Home health care is medically oriented while home care is limited to chores and housecleaning services. Since there is a medical component to home health care, the care givers are often licensed nurses, therapists, or home health aides. Most work for home health agencies, hospitals, or public health departments that are licensed by the state.
For more information on Home Health Care services:
What is Respite Care?
Respite Care is short-term, temporary relief for the primary caregiver of an elderly or dependent adult that would normally require assistance out of the home. Respite care can be provided through a variety of different programs and services:
For more information on respite care: