Category Archives: Healthcare Senior Tips

Community Spouse Resource Allowance

Tip: Don’t’ impoverish your spouse if you go on Medicaid.

You may have heard that you can only have $2,000.00 and still qualify for Medicaid to pay for long-term care. While this is true for individuals applying for Medicaid, if the person applying for Medicaid is married, Federal law allows the spouse remaining at home to retain a significant amount of the couple’s assets so that he or she doesn’t become impoverished when the other spouse goes into
a care facility.

If a person needs but can’t pay for the cost of long-term care, in addition to filing a Medicaid application for the spouse going into a facility, a couple should file a Community Spouse Resource Allowance (CRSA), which allows the stay-at-home spouse to retain certain assets. For the following discussion on the CRSA, I am designating the stay-at-home spouse the wife and the Medicaid applicant, the spouse going into a facility, the husband.

Medicaid categorizes resources as exempt assets and countable assets. Exempt
assets include the following:
• Primary residence
• Personal household goods
• One vehicle per spouse
• Prepaid funeral
• IRAs if the RMD is being taken

Exempt assets are not counted toward the $2,000 asset limit to qualify for Medicaid. Countable assets include pretty much everything else including the following:
• Cash
• Savings and checking accounts
• Cash value of insurance policies

The total value of the countable assets of an individual cannot exceed the $2,000 asset limit.
In 2024, in addition to the exempt assets, the wife can retain 50% of the couple’s countable assets, up to a maximum of $154,140. If the non-applicant’s share of the assets is under $30,828, 100% of the assets, up to $30,828 can be retained by the wife.

To be eligible for Medicaid, the husband’s share of the countable assets cannot exceed $2,000. If he has more than $2,000, he cannot give money away (except to a disabled child); however, he can use the money to pay off the couple’s debts, pay off their mortgage, make repairs to their home, upgrade their car, prepay their funerals, pay legal expenses and pay for his care.

One final point, now that the couple’s assets have been transferred to the wife, if by chance she dies before the husband, all the wife’s assets will go back to him making him ineligible for Medicaid. To avoid this, the wife, may make a Will that includes a Special Needs’ Trust for her husband. Then if the wife dies before the husband, the assets do not go to him but are held in a Trust to be used for his benefit. In this way he remains eligible for Medicaid.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

September 2024

Staying Physically Active

Tip –There are many enjoyable ways to remain active.

In an article by the American Heart Association, it states, “There are many reasons why staying active is one of the best things you can do to keep your body healthy—no matter what your age. It can also improve your overall wellbeing and quality of life.”

“The idea is to move more and sit less. Every minute of moderate to vigorous activity is helpful. You don’t have to make big changes to see the benefits. Staying active helps delay or prevent chronic illnesses and diseases associated with aging. You can start by building more activity into your day, one step at a time.” (American Heart Association,” Healthy for Good”)

We all know walking is a great way to get moving. There is nothing better than a nature ‘walk and talk’ with a friend. Senior Centers often offer exercise classes and trip opportunities. I have gotten hooked on Chair Volleyball, offered at the Blackfoot Senior Center. Each team has 6 players with the players sitting on chairs and volleying a beachball across a low net. People in wheelchairs love to
participate. We play twice a week on Mondays and Wednesdays at 9:00 AM. Chair volleyball gives us the opportunity to stay active, have fun, and connect with friends, helping us to feel happier and less stressed. We welcome all who would like to join us!

In Southeast Idaho, every year Pocatello hosts the “Senior Games.” This is designed with the goal of staying active in mind! This takes place every July, and it includes a variety of competitive, friendly events you can choose to be a part of. Basketball, tennis, pickleball, and chair volleyball are just a few of them. Chair Volleyball was a new event last year in the Pocatello Senior Games and is
spreading to other Senior Centers in the area.

If you want to improve your quality of life—stay active. Consider finding something you enjoy, and like the Nike motto says: “Just do it.”

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

February 2024

Powerful Tools for Caregivers

Tip – Caregivers may use available resources for help and support.

Being a caregiver can be a wonderful blessing, as well as a tremendous challenge. It can give you a new perspective on life and help you to love others more fully. It also shows those you care for the love that still exists in the world. On the other hand, being a caregiver requires things that are difficult—like merging schedules, constantly putting someone else first, and dealing with their struggles, pains, and emotions, while keeping your own in check.

One of the services Packer Elder Care Law provides is to connect people who have a need to the resources that can help and support them. Thankfully, there are resources to go to for help, both online and in person. Many resources are free and have various time schedules. Some of these resources include joining a support group or taking a class to learn how to be a better caregiver and how to take care of yourself at the same time. These resources can teach you effective ideas such as teaming up with someone—like a family member or a friend—so that the time, energy, and responsibility in caring for someone is shared.

The Pocatello Area Agency on Aging is offering a class, free of charge, for anyone who would like to attend. The classes are held every Wednesday, starting January 24 — February 28, 2024. The same class is given twice a day – one from 2:00- 3:30pm, and one from 7:00-8:30pm. Here is a list of the classes that are being taught:

Jan 24
1. Taking Care of You

Jan 31
2. Identifying & Reducing Personal Stress

Feb 7
3. Communicating Feelings, Needs, & Concerns

Feb 14
4. Communicating in Challenging Situations

Feb 21
5. Learning from our Emotions

Feb 28
6. Mastering Caregiving Decisions

The classes are held virtually, via Zoom, and each class has handouts as well as a
Caregiver’s Help Book.

The class is sponsored by grants through the Area Agency on Aging and is taught by Ann Harrild and Jamie Ramsayer. For more information on the class and how to register, call or text Ann Harrild at 208-530-0844, or call the Pocatello Area Agency on Aging at 208-233-4032.

Here is a flyer on the classes being offered.

P.S. Disregard the incorrect year of 2023.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

January 2024

Aging Gracefully

Tip – Interact with others, contribute, and enjoy life.

“As we age, physical changes—such as discomfort, illness or frailty—are simply the most visible of a host of other changes. You also may notice emotional fluctuations such as loneliness, anxiety or sadness. As we grow older, our amount of stress often increases while our ability to deal with it decreases.” (Caring For Aging Loved Ones, Henry Holstege, Ph.D and Robert Riekse, Ph.D., pg. 184)

Maintaining relationships with family and friends is very important and can help us handle the emotional challenges we face. Humans are social creatures and need to be around other people and have meaningful interactions. Where can these meaningful interactions be found? There are many answers to that question, including family, friends, neighbors, and religious fellowship. You might
also go to your local Senior Center and ask about the activities and services that are provided there.

Let your family and those around you know that you would like visits or phone calls. Interactions with others keeps loneliness at bay and helps you maintain independence. A luncheon, a trip to the grocery store, or even a phone call can make a huge difference.

As a senior citizen, there is still much you can contribute. I know of one elderly lady who was feeling lonely, so she decided to call other seniors from the Senior Center on their birthdays. There are also many opportunities to contribute to the community through humanitarian projects, food distribution, and other worthwhile activities.

Aging gracefully is being able to successfully master life changes and stresses
and find a way to keep contributing and enjoying life.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

October 2023

 

Annual Enrollment Period for Medicare

Tip – It’s that time of year! Understand your options and plan choices!

The annual Medicare Open Enrollment period is upon us! During open enrollment, individuals can make changes to their Medicare Part D prescription drug plans and change or enroll in Medicare Advantage plans.

This annual open enrollment period lasts from October 15th to December 7th and any changes you make will be reflected starting in January 2024. For example, if you decide to change your prescription drug plan during open enrollment, the new plan will be effective on January 1, 2024.

Why might you want to make a change to your prescription drug plan or Medicare Advantage plan? Some people choose to change plans if they have high prescription drug costs with prescriptions that are not covered under their current Part D plan’s formulary (the plan’s list of covered drugs). Some people also may change plans if they are paying a high monthly premium for their plan but have few medications and may be able to enroll in a plan with a lower monthly premium. Still others may change a Medicare Advantage plan if they have been dissatisfied with their current plan.

What if you are satisfied with your current coverage? If you are already enrolled in a Medicare Part D prescription plan or a Medicare Advantage plan and you are satisfied with your coverage, you do not need to do anything during open enrollment. Your coverage will automatically enroll for the coming year. Just remember, many plans will make changes to their coverage each year, so it is still a good idea to review your plan information.

Individuals who have a Medigap plan where Medicare pays 80% of their hospital and doctor costs and the Medigap policy pays the additional 20% of the costs, can make changes to their plan or change their insurance carrier under the Birthday Rule. The Birthday Rule provides that individuals with a Medigap policy may make changes to their policy for 63 days from the date of their Birthday.

Sometimes plans will discontinue service in your area and you may receive a non-renewal notice from the plan. If this occurs, or if you simply want to review your options, contact your local SHIBA office (1-800-247-4422 – SHIBA Medicare Helpline), your insurance agent, or go online to www.medicare.gov to review your plan options and choose a different plan that meets your needs.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

September 2023

Will With a Special Needs Trust

Tip – A Will with a Special Needs Trust protects the assets of your spouse who is on Medicaid.

If you are married and your spouse needs help with his or her care—whether in a facility or in your own home—you may apply for Medicaid to help pay for their care. Once your spouse is on Medicaid, if you pass away before your spouse does and all your assets go to him or her, it will put your spouse over Medicaid’s asset limit of $2,000, and they will no longer be eligible to receive Medicaid. It is a little known fact that if you have a spouse who is receiving Medicaid, you can write a Will with a Special Needs Trust. If you have a Special Needs Trust for your spouse, your assets go into a Trust instead of going to your spouse. This keeps your spouse from losing his or her eligibility for Medicaid.

A Will with a Special Needs Trust works just like a regular Will, except it protects the assets of your spouse who is on Medicaid. The Trust funds may be used to supplement the needs of your spouse over and above their care, support, and maintenance. The Trust can be used to cover medical services not covered by Medicaid. In addition, the Trust can make expenditures for travel, companionship, cultural experiences, recreational activities, sporting activities, trips, hobby
materials, furnishings, or personal needs—anything that will enhance the quality of life of your spouse. After your spouse passes, the assets in the Trust are subject to Estate Recovery.

In conclusion, if you pass away before your spouse who is on Medicaid, a Special Needs Trust, written in your Will, can protect your assets and be used to enhance your spouse’s quality of life.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

August 2023

Friendship is a Priceless Gift

Tip – Why not reconcile with someone this Holiday Season?

I have always been intrigued by the story of Thomas Jefferson and John Adams. Here is the story as told by the History Channel.

https://www.history.com/this-day-in-history/thomas-jefferson-and-john-adams-die

Former Presidents Thomas Jefferson and John Adams—who were once fellow Patriots and then adversaries—died on the same day, July 4, 1826, within five hours of each other.

Thomas Jefferson and John Adams were the last surviving members of the original American revolutionaries who had stood up to the British empire and forged a new political system in the former colonies. However, while they both believed in democracy and life, liberty, and the pursuit of happiness, their opinions on how to achieve these ideals diverged over time.

Adams preceded Jefferson as president (1797-1800); it was during this time that their ideas about policymaking became as distinct as their personalities. The irascible and hot-tempered Adams was a firm believer in a strong centralized government, while the erudite and genteel Jefferson believed federal government should take a more hands-off approach and defer to individual states’ rights. As
Adam’s vice president, Jefferson was so horrified by what he considered to be Adam’s abuse of the presidency—particularly his passage of the restrictive Alien and Sedition Acts of 1798—that he abandoned Adams and Washington for his estate at Monticello, Virginia. There, he plotted how to bring his Republican faction back into power in the presidential election of 1800. After an exceptionally bitter campaign, in which Jefferson and Adams engaged in slanderous attacks on each
other in print, Jefferson emerged victorious. It appeared the former friends would be eternal enemies.

After Jefferson’s two presidential terms (1801-1809), Jefferson and Adams each expressed to third parties their respect for the other, and their desire to renew their friendship. Adams was the first to break the silence; he sent Jefferson a letter dated January 1, 1812, in which he wished Jefferson many happy new years to come. Jefferson responded with a note, in which he fondly recalled when they were fellow laborers in the same cause. The former revolutionaries went on to resume their friendship over 14 years of correspondence during their golden years.

On July 4, 1826, at the age of 90, Adams lay on his deathbed while the country celebrated Independence Day. His last words were, “Thomas Jefferson still survives.” He was mistaken: Jefferson had died five hours earlier at Monticello at the age of 83.

Epicurus said, “Of all the things which wisdom provides to make life entirely happy, much the greatest is the possession of friendship.” This Holiday Season may we mend a quarrel and remember a forgotten friend.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

November 2022

Resources for Seniors

Tip – Do you know what resources are available to help Seniors?

Many families, who provide care to a loved one, need help but don’t know where to find it. There are many resources available if you know where to look for them. For example, the Area Agency on Aging in Pocatello, also known as SICOG, has the following programs:

Idaho Lifespan Respite. Often, caregivers providing care to someone with a significant disability or chronic illness are unable to get out of the home to do shopping and other things they need to get done. Lifespan Respite gives caregivers a break. It allows the caregiver to hire someone and provides funds to pay for up to 10 hours of respite care a month. To be eligible the caregiver must be providing unpaid service to a loved one with whom they live or to whom they are providing frequent on-site visits throughout the day.

Additionally, Seniors, who live alone and do not have a caregiver, may qualify for 10 hours a month of in-home care at no cost to them.

Veteran-Directed Home & Community Based Services. Veterans in this program are given a flexible, monthly budget to help them hire personal care aides and buy items and services that will help them live independently in their own home. A care advisor from the local Area Agency on Aging will work with the Veteran to identify care needs and assist in developing a spending plan to obtain
the needed services.

Pro Age Connections. This program helps seniors who may need social contact. Volunteers reach out to those seniors by sending monthly post cards and making regular phone calls to seniors who sign up for the program.

Adult Protective Services. Adult Protective services protects vulnerable adults from abuse, neglect, and exploitation. If you know a vulnerable adult who is not getting the care they need, adult protective services are available to assist.

\If you or your family feel that you may qualify for some of these services, contact your Area Agency on Aging. They are located at 214 East Center Street, Pocatello, Idaho 83201, 208-233-4032 / 935 East Lincoln Road, Idaho Falls, Idaho 83401, 208-522-5391.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

October 2022

Aging With Grace and Dignity

Here are 7 keys to a long, healthy life.          

Another year has come and gone, but with it have come memories, and an appreciation for the opportunity to live, grow and spend time with loved ones.

Growing older can bring challenges. Often, we are not prepared for the natural progression of aging. Eric Shapira, DDS, in his book entitled A New Wrinkle, stated: “(Aging) is a subtle experience for some, but for others it can happen in an instant and is more of a shock. So how do we define aging? How do we adapt to it? How do we embrace this transition with love and acceptance to make the change with grace and dignity? How do we make this the most exciting and rewarding time in our lives?”

“Whether you’re ready for this next stage in life or not, there are ways to handle new challenges. Grace is the ability to accept things in a manner that is calm, considerate, loving, and reflective. Dignity is one’s ability to maintain a positive sense of self—taking pride in being able to do things for ourselves and others, to stand up for ourselves, and to be independent as well.” (A New Wrinkle)

So, with all this in mind, what can one do to make this the most rewarding time of their life? According to Eric Shapira, the 7 keys to living a long, healthy life are:

  1. stimulating the mind;
  2. staying social;
  3. eating right;
  4. getting enough rest;
  5. experiencing closeness with others;
  6. remaining ambulatory; and
  7. last but not least, getting out of yourself.

Following these keys, using your talents, sharing your expertise with others, will add longevity, happiness, and satisfaction to your life.

Senior Citizen Centers, located in your community, help us accomplish many of these keys. Recently, I have been participating in what we call “Chair Volleyball” at my senior center. To play, we have six people sitting on chairs on each side of a low net. We hit a beach ball back and forth over the net following the rules and scoring used when playing volleyball. If you rise off your chair, it’s a foul and you lose the point, but the court is quite a bit smaller than regular size, so it is easier to reach. We play once a week, and we look forward to the laughter that accompanies the different things that happen as we battle to get the ball to the other side. Some people are limited in their mobility, but they find great satisfaction in taking part in the team effort, and they enjoy sharing in the teasing and joking that arises from it. One participant stated, “It’s just fun to come and laugh!” Chair Volleyball is played every Wednesday at 9:00 a.m. at the Bingham County Senior Citizen’s Center in Blackfoot. Come join the fun!

Many other activities are offered at Senior Centers that might catch your interest—nutritional meals are served, exercise classes are provided, and service opportunities are available that gives us a place to get up and get out.

Seniors can take pride in their status as seasoned individuals with knowledge to share, and they can help others be successful by providing a little coaching from their perspective. One ‘seasoned’ individual noticed that her teenage grandson was not wanting to help the family by emptying the dishwasher. Instead of scolding or telling him he should help, she used her wisdom and simply said, “Do you know how much that little act of kindness can help your mom? It makes her job so much easier to be able to just load the dishes and not have to put them away first.” This helped her grandson see things differently and be more willing to help.

And that is another secret to a long and happy life—not just doing for ourselves but doing for others.

December 2021

Nursing Home Resident’s Rights

You have rights and protections as a nursing home resident.

As a nursing home resident, you have certain rights and protections under Federal and state law that ensure you get the care and services you need. In a nutshell, you have the right to be informed, make your own decisions, and have your personal information kept private.

Federal law specifies you have the following rights:

  • Be treated with respect. You have the right to make your own schedule for when you rise until when you go to bed and to choose the activities you want to participate in.
  • Be free from discrimination. Facilities must comply with Civil Rights laws.
  • Be free from abuse and neglect. You have the right to be free from verbal, physical and mental abuse.
  • Be free from restraints. This includes side rails and chemical restraints.
  • Make complaints. You can make a complaint without fear of punishment.
  • Get proper medical care. You have the right to be involved in your choice of a doctor and be fully informed of your health status.
  • Have your legal representative or family member notified. If you have an accident or your health status changes your family member is notified.
  • Get information on services and fees. You have a right to receive information on Medicare and Medicaid benefits.
  • Managing money. You must be allowed access to your bank accounts, cash, etc.
  • Get proper privacy. You have a right to phone calls, private visits and mail. You may also share a room with your spouse if he or she is in the nursing home.
  • Spend time with visitors. You may have visitors at any time, if it doesn’t interfere with other residents or the provision of care.
  • Social services. You have a right to counseling, to contact legal and financial professionals, and to get help solving problems with other residents.
  • Leaving the nursing home. You may leave to visit family or friends overnight. You may also choose to move out of the nursing home.
  • Protection against unfair transfer or discharge. You can’t be sent to another nursing home or discharged unless it is necessary for your welfare, health and safety.
  • Resident groups. You have a right to participate in ‘resident councils’ to air grievances.
  • Have family and friends involved. Family, friends, and your legal representative can help make sure you get good quality care.

The goal of nursing homes is to help the residents feel comfortable and well taken care of and to make sure that their rights are protected. Your desires and decisions matter. If you have any nursing home concerns, our office is available to help and to work with facilities to ensure you receive quality care.

Tom Packer is an Elder Law Attorney serving all of Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

January 2021