Elder Law often involves planning in advance for illness or incapacity to minimize legal problems, preserve assets and maintain the dignity of senior citizens. Sometimes Elder Law involves crisis planning, such as when an elderly loved one is in need of immediate placement in a long term care facility.
Advance planning allows you to greatly minimize legal fees, avoid emotional trauma for family members and preserve assets. Planning ahead when you have the ability to do so also allows you, rather than a court, to decide in advance what medical care you will or will not receive. A well drafted estate plan which includes at least a will, living will, designation of health care surrogate, health care power of attorney, and financial power of attorney can avoid the need for court intervention to obtain a Guardianship. These court proceedings are time consuming, very expensive, intrusive and upsetting.
Approximately 40% of all persons over 65 will spend some time in a nursing home. The cost of long term care in a skilled nursing facility in Florida currently averages over $60,000 per year. Private health insurance does not cover nursing home care, and Medicare will only partially cover skilled care in a nursing home for up to 100 days following a hospital stay. Few people have Long Term Care Insurance, but even those who do find that it rarely pays the entire bill. In reality the cost of nursing home care is paid for out of pocket, unless the individual who requires the long term care qualifies for assistance through the Medicaid program.
An attorney from Deeb Elder Law, P.A. can offer you advice and assistance in becoming eligible for Medicaid benefits for nursing home care without spending all of your assets first. Even before a person may need nursing home care, we can advise you on how to best plan for that possibility.
