Author Archives: Tom Packer

Medicare / Medicaid

As I consider this article and putting Medicare and Medicaid into a nutshell, squirrels scamper outside my window. The fall preparation and resiliency of these creatures are tested by our long Idaho winters. Winter has been aptly compared to old age. The Roman poet Ovid wrote, “Then with faltering steps, and shriveled, shivering, old winter treads; now all its hair is gone-or any left is white.” Like winter, old age is a test of a lifetime of preparation and an individual’s resiliency

 

Procuring and paying for medical care is one of the challenges of old age. Medicare is a federal program intended to provide financial protection against medical care costs for older adults. Eligibility requirements for Medicare include being age 65 and over and qualifying for Social Security or Railroad retirement benefits. Medicare is divided into different parts. Part A coverage is premium-free and covers expenses related to hospitalization and related care and equipment, inpatient care at a skilled nursing facility, home health care, and hospice. Part B of Medicare is a voluntary supplemental insurance to Part A. In 2012, the Part B premium for individuals earning less than $85,000 annually was $99.90. Part B covers physician’s services, medical supplies, and many other services not covered by Part A. Many people entering older adulthood assume that their health care costs will be covered by Medicare. While the goal of Medicare is financial protection, only a percentage of health care expenses for the elderly are paid by Medicare. Unfortunately, limitations and exclusions of the Medicare program result in a gap in coverage. This gap in coverage is paid by a number of different sources including self-funding, private supplemental insurance, the Veterans Administration, and Medicaid.

 

Medicaid is a joint federal and state program. It was developed through legislation in the 1960s to offer assistance to people without the financial means to pay for necessary medical care. Accordingly, a means test for assets and income determine eligibility for Medicaid. Assets are treated as either “countable” or exempt. For example, exempt assets commonly include a primary residence, personal furnishings, prepaid funeral and one vehicle. Countable assets include cash, savings and checking accounts, IRAs and the cash value of insurance policies. Before an individual can qualify for Medicaid, countable assets must be exhausted. Special consideration is afforded to spouses of nursing home residents. Spouses are allowed to keep monthly income such as Social Security benefits and retain a portion of the couple’s joint assets. During older adulthood, Medicaid often provides funding for nursing home care that would otherwise be unaffordable to many.  Next month we will review some Medicaid misconceptions and mistakes to look out for.

 

Medicare and Medicaid rules are complex.  If you have a specific question, you should consult with an attorney.

 

Fulfilling Basic Needs

All of us, including Seniors, have 6 basic human needs. Anthony Robbins, a life coach, describes them as follows:

 

  1. Certainty: to be comfortable and have some level of consistency.
  2. Uncertainty: we need variety and change to feel alive.
  3. Significance: the need to feel unique, special and important.
  4. Love and connection: we need to give and receive affection and support from others.
  5. Growth: to become more.
  6. Contribution: to give beyond ourselves.

(www.TonyRobbins.com)

 

These needs don’t diminish as we grow older.  We still need certainty—we want to have predictability and make

our own decisions.  We also need uncertainty—spontaneous activities and things to do that keep our interest. We need significance—to be treated with respect and dignity.  We need love and connection—our families and friends need to spend time with us and show that they care.  We need growth and contribution—even though this is not always possible, Longfellow observed: “Even the oldest tree some fruit may bear.”  This reminds me of John Wooden, the famous UCLA basketball coach, who said:  “Nowadays my bad knees and bad hips make it difficult to walk very far or to stand for very long…even at 94, I want to be the best I can be, and hard work is the only way to make this happen.”

 

Seniors enrich our lives in so many ways.  As a nursing home administrator, I loved to talk with the residents about their lives.  One resident’s father had been a Confederate soldier in the Civil War.  Another had come with his family from Russia and entered the United States through Ellis Island.  Later, they homesteaded 160 acres in American Falls.  Next time you’re with a Senior, take the time to ask him or her about their life.

 

Wishing you and your family a Christmas Season filled with peace, love and joy.

 

Tom Packer is an Elder Care Attorney serving all of Southeast Idaho.

Living Will and Durable Power of Attorney for Health Care

A will is an expression of your wishes or desires.  When we talk about a will, we are usually referring to your desires concerning the disposition of your property after your death.  A Living Will—a will that takes effect while you are still living—is an expression of your wishes concerning medical treatment.  The Idaho legislature recognizes “the right of a competent person to have his or her wishes for medical treatment and for the withdrawal of artificial life-sustaining procedures carried out even though the person is no longer able to communicate with the physician.”[1]  Idaho’s Medical Consent and Natural Death Act[2] establishes an effective means for making such a communication.

 

In Idaho, there are two kinds of advance directives—a living will and a durable power of attorney for health care.  A single form is used for both and can be obtained from your local hospital, attorney or the Idaho Secretary of State’s web site.  Your living will is an advance directive to your health care provider communicating your wishes for medical treatment at the end of your life.  Your durable power of attorney for health care takes effect when you are not able to communicate.  You may want to personalize your durable power of attorney for health care beyond the basic form by giving directions to your health care agent concerning the type of care you desire and your personal preferences if you become incapacitated.

 

Idaho also uses a POST form (Physicians Order for Scope of Treatment) to express your wishes concerning how you want to be treated from a medical perspective.  The POST form is recognized as Idaho’s Do Not Resuscitate Order. To be valid the POST must be signed by you (or your agent acting as a durable power of attorney for health care) and by your physician.  If you have a POST form you should keep a copy of it where it is immediately visible to Emergency Medical Service personnel so that they can honor your wishes.

 

The POST form and the living will compliment each other. Like suspenders and a belt working together to keep your pants up, a POST form and a living will work together to make sure your wishes are followed.

 

You may register your living will and durable power of attorney for health care and your POST at no cost in the Idaho Health Care Directive Registry located in the Idaho Secretary of State’s office.  By registering these documents your family and health care providers with internet access may view these documents in case of an emergency.  You will receive a wallet-size registration card with an individual filing number and password on it from the Secretary of State that you can keep with you.

 

We plan for every important event in our lives—births, weddings, education and careers.  It can be difficult to plan for our incapacity or end of life.  However, by planning for them we can assure that our wishes will be fulfilled and our loved ones will have peace knowing what to do.

 

If you have a question about a senior’s legal, financial or health care need, give us a call.  We’d love to talk with you.

 

Tom Packer is an Elder Care Attorney serving all of Southeast Idaho and is a licensed Nursing Home Administrator.

Power of Attorney

The other day I got a call from a daughter whose mother had fallen and broken her leg.  She explained that her mother had been declining both physically and mentally for several months.  Friends had advised the daughter to get a power of attorney.  The daughter asked me, “What is a power of attorney and do I need one?”  This question illustrates the fact that a senior who has a health problem has a financial and a legal problem too.  If a senior becomes incapacitated, who will make decisions and act for the senior in his or her financial and business matters?

 

A power of attorney is a document that evidences the authority of one person to act for another, known as an agency relationship.  Using a power of attorney, you (the principal) grant legal rights and powers to another (the agent or attorney-in-fact.)  Your agent stands in your shoes and can make financial decisions for you.  For individuals coping with dementia, this type of financial assistance is essential.  However, before executing a power of attorney you should know these important facts:

 

  • A power of attorney authorizes your agent to make decisions concerning your property. Your agent can do whatever you may do—withdraw funds from bank accounts, trade stock, pay bills, cash checks, deed property—unless limited in the power of attorney.

 

  • The power of attorney does not authorize your agent to make health care decisions for you.

 

  • Unless a power of attorney is springing—taking effect only if you become incapacitated—it takes effect as soon as it is signed.

 

  • You should select someone you trust to serve as your agent. Your agent’s authority will continue until your death unless you revoke the power of attorney or your agent resigns.

 

  • Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

 

  • You may revoke the power of attorney at any time by sending your agent a letter that the power of attorney is revoked

 

  • The law governing powers of attorney is explained in the Uniform Power of Attorney Act, chapter 12, title 15, Idaho Code.

 

In addition to making a power of attorney for financial matters, you should also make a living will and durable power of attorney for health care.  With these two documents, many times the need for a guardianship/conservatorship can be avoided in case of incapacity.  In next month’s tip we will discuss living wills and durable power of attorney for health care.

 

Tom Packer is an Elder Care Attorney serving all of Southeast Idaho and is a licensed Nursing Home Administrator.

 

Visit www.packereldercarelaw.com.

Alzheimer’s

When a loved one is facing the challenges of Alzheimer’s disease or other forms of dementia, remember their reality is not your reality. It is important that you DON’T try to change their reality.  No matter how hard you try, you won’t succeed and both you and your loved one will become more frustrated.

 

Jo Huey’s book, “Alzheimer’s Disease, Ten Simple Solutions for Caregivers” is a great resource for individuals looking for practical steps that are easy to remember when caring for individuals suffering with Alzheimer’s or related dementias. In her book, Jo identifies Ten Absolutes to employ when working with someone with Alzheimer’s. Here are Jo’s suggestions of what not to do and what to do instead.

 

Don’ts                                       Dos

1) Argue                    instead     Agree

2) Reason                  instead     Divert

3) Shame                   instead     Distract

4) Lecture                   instead     Reassure

5) Say “remember”     instead     Reminisce

6) Say “I told you”      instead     Repeat/regroup

7) Say “You Can’t”       instead     Do what they can

8) Command/Demand instead     Ask/Model

9) Condescend            instead     Encourage/Praise

10) Force                   instead     Reinforce

 

Try this approach and watch how things change for the positive. Let’s face it, none of us want to be told what we can and can not do.

 

September is world Alzheimer’s month.  Make a point to say thank you to someone you know that is caring for someone with Alzheimer’s disease. Take time to hug someone you know that is dealing with some form of Dementia.

 

For more information and helpful resources from Jo Huey visit www.alzheimersadvocate.com .

 

Another great resource on Alzheimer’s disease or other dementias can be found at www.alzheimersreadingroom.com .

 

Jodi Davis, Elder Care Coordinator, Esplin & Packer LLP

 

The content here is not intended to be legal advice.  If you have a specific question, you should consult with an attorney.

 

Tom Packer is an Elder Care Attorney serving all of Southeast Idaho.  As a Life Care Planning law firm, the Elder Care Practice of Tom Packer offers a holistic solution for families struggling to care for an elderly loved one.

Home Sweet Home Continued

Last month, we talked about giving your home to your children during your life time.  This month we will discuss property transfers that occur after death.

 

The following is a brief outline of the some of the methods used to transfer property after death:

 

  1. Life Estate Deed: A deed retaining a life estate allows you to convey your ownership interest in your home to your children, but retain control of your home until you pass away.
  2. Community Property Right of Survivorship: If a deed declares that your home is community property with a right of survivorship, your home will go to the surviving spouse without having to go through probate.
  3. Revocable Living Trust: If you transfer your home to a trust, it is held by the trustee for the benefit of another.  When you pass away, the terms of the trust determine to whom the property will be given.
  4. Will: A will is the legal expression of your desires as to the disposition of property after your death.  Your personal representative will transfer your home to whomever you have designated in your will.
  5. Intestate Succession: If you have not done anything to transfer your home before your death, the Idaho Uniform Probate Code will designate to whom your home will be given.
  6. Probate: Probate is the legal process whereby a personal representative is named and your property is gathered and re-distributed under the direction of the courts. Probate only applies to wills and intestate succession.
  7. Affidavit of Heirship: If you have not used any of the above methods to transfer your home before your death; after three years, your heirs can record an affidavit of heirship, which will transfer the property to them.

 

These methods have specific rules that must be followed to accomplish the transfer of your home.  You may

want to seek the advice of an attorney to help choose the method that will be best for your situation.

 

The content here is not intended to be legal advice.  If you have a specific question, you should consult with an attorney.

 

Tom Packer is an Elder Care Attorney serving all of Southeast Idaho.  As a Life Care Planning law firm, the Elder Care Practice of Tom Packer offers a holistic solution for families struggling with the demands of an elderly loved one’s care.

Home Sweet Home

Home Sweet Home

 

For most of us, our home is our biggest investment and our most valuable asset.  But, a home is more than just a number on a ledger sheet.  Within the walls of our homes, our families have lived, loved and learned the lessons of life.  Seniors frequently want to leave their homes to their families.

 

When is the best time to transfer the home to the family:  during life or after death?  Each transfer has specific rules and consequences that are important to understand.  Today’s Tip will discuss life-time transfers; Augusts’ tip will discuss transfers that take place after death.

 

A recorded gift deed will transfer the title of your home to your family.  The following are some of the consequences of transferring your home during your lifetime:

 

ADVANTAGES:

  • Your family will not have to file for probate to obtain the title to your home.

DISADVANTAGES:

  • Once your children own the property, they are in complete control—they can sell or mortgage your property without your permission.
  • If your children are faced with bankruptcy or divorce, your home could be used to satisfy their creditors or be divided in their divorce.
  • You will lose your homestead exemption, and your property taxes will increase.
  • After gifting your home, you will be ineligible for Medicaid for 5 years unless your children reconvey your home back to you.
  • When your family sells your home after you are gone, they will have to pay capital gains tax. If your property has appreciated in value, this tax could be substantial.

 

Wills, trusts and nonprobate transfers are used to transfer a home after death.  The consequences of using these methods will be the subject of our next Senior Tip.

 

The content here is not intended to be legal advice.  If you have a specific question, you should consult with an attorney.

 

Tom Packer is an Elder Care Attorney serving all of Southeast Idaho.  As a Life Care Planning law firm, the Elder Care Practice of Tom Packer offers a holistic solution for families struggling with the demands of an elderly loved one’s care.

Long-Term Care Partnership Program

One of the biggest challenges facing seniors is financial security. A key aspect of this challenge is the need for long-term care insurance verses the affordability of the policy. The federal government is trying to help. In 2005, Congress passed the Deficit Reduction Act (DRA) in an effort to encourage and enable people to purchase long-term care insurance. The DRA created the Qualified State Long-Term Care Partnership program, which offers long-term care insurance policies that allow buyers to protect assets and qualify for Medicaid when the long-term policy benefits run out. When you purchase a policy, the state will not count an equal amount of assets as the face value of the policy when it determines your eligibility for Medicaid assistance.

 

For example, if you are single you would normally be allowed to keep only $2,000 in assets to qualify for Medicaid. However, if you buy a Qualified Long-Term Care Policy that provides a $150,000 of benefits, you would be allowed to keep $152,000 in assets and still qualify for Medicaid. When purchasing long-term care insurance it is important to purchase a qualified policy and to understand the different coverage options offered under the policy. For example some policies will offer inflation protection of 5% a year and non-forfeiture benefits which returns a least part of the premiums to you if you cancel or let your policy lapse. You should also understand when the policy will begin to pay for your care, what services are covered (skilled nursing facility, assisted living, home care) and the length of care covered. To get more information call the Idaho Department of Insurance Senior Health Insurance Benefits Advisors at: 1-800-247-4422.