Florida Elder Law Blog - A blog by Elder Law Associates, South Florida's premier elder law attorneys, who handle elder law, medicaid planning, guardianships and much, much more.
We've all known for a long time that the State of Florida has failed its obligations to provide seniors and people with disabilities access to long term care in the least restrictive setting and, if possible, in the community rather than in a nursing home. We're pleased to see that there are some who are doing something about it.
Take a
look at this Associated Press article from September 20, 2008, Florida Medicaid Recipients Want Out of Nursing Homes by Matt Sedensky for details.
Labels: florida elder law, medicaid
A large majority of the American public still believes that the government will provide long term care when needed. It is this misconception that most likely prevents people from doing any planning at a younger age for the future need for care. According to the National Care Planning Council, many people believe they can give away assets prior to the need for long term care and qualify for Medicaid. The Council suggests that this belief prevents people from considering other ways to fund the cost of future care.
As a matter of fact, it may be possible to use the system and allow Medicaid to cover care but at what cost? Why would anyone want to plan to spend his remaining years in a nursing home--which is the preferred living arrangement for Medicaid. Why go through the expense and effort of trying to manipulate the system to get welfare care, when a little preplanning at an earlier age would be a better option?
In our Florida elder law attorney practice we hear frequent objection to long term care planning from people who think Medicare or the Veterans Benefits Administration will take care of them. While this is true to a certain extent, these people simply don't understand the limitations of these government programs.
Below are quotes taken from individuals who, over the years, have voiced misconceptions about long term care planning.
"Uncle Jim got along just fine with the government paying his care"
"I can give away my assets and have the government pay for it"
"We have a trust and all of our assets will go to our family so the government will pay for our care"
"I'm not interested in home care or assisted living, just stick me in a nursing home and Medicaid will pay the bill"
"Long term care insurance is too expensive"
Government could be more involved in providing care but our constipated system of delivery prevents this from happening. The National Aging Network, a government-sponsored program, is in the best position to help people receive long term care in their homes. And studies have shown that the cost of providing this kind of care is significantly less than the cost of providing nursing home care through government programs.
Unfortunately, for every dollar that supports a person through the Aging Network the government spends about $270 supporting a person in a nursing home. Because it has inadequate funding, the National Aging Network must confine its valuable services to people who have little income or for social reasons are disadvantaged. Moderate and middle income Americans can receive some services from the network but are mostly excluded from the more valuable caregiving services.
We believe the public's misunderstanding of Government long term care programs is an impediment to proper long term care planning. When people understand the limitations of relying on government programs they are most likely to be more motivated to plan for the future by making provisions in advance and providing advance funding to pay for care. Prior planning also allows people to have a choice in their care setting and in the type of services they receive.
--Ellen Morris, JD & Howard Krooks, JD CELA
Labels: elder care, long term care, medicaid
Wealth Counsel, a quarterly magazine for the estate planning community, recently published an article I wrote on the Deficit Reduction Act, entitled "How the DRA Has Affected the Use of Personal Care Contracts."
It specifically details how Medicaid agencies have responded to the upswing in the use of personal care contracts, and what you need to know when preparing a personal care contract for a loved one.
Click here to read
"How the DRA Has Affected the Use of Personal Care Contracts."-- Howard S. Krooks, JD, CELA
Labels: florida elder law, medicaid, personal care contracts
On May 28, I attended an Aging Policy Forum for aging network leaders conducted by The Florida Association of Aging Services Providers, through funding from the Florida Department of Elder Affairs. The purpose of the Forum was to identify key topics and share insights, expertise and experiences on emerging aging-related issues. Strategies for communication and collaboration on advocacy on behalf of older Floridians were also discussed.
The central theme of the session was for those involved in the senior community to become more active in grassroots lobbying for increased funding of programs for seniors and persons with disabilities.
Given the opportunity to address the group, I spoke about estate planning and Medicaid planning in regard to the serious lack of resources available to our clients and the almost desperate need to increase funding. Everyone in attendance agreed that the value of waiver programs which keep seniors at home or allow them to go to an interim facility is unparalleled. In comparison to a senior entering a nursing facility, waiver programs save everyone involved (the senior, the State, and the federal government) tremendous amounts of money while preserving the senior’s dignity. Hopefully the increased lobby efforts of leaders in the aging advocacy community will help achieve this most important and common sense goal.
- Ellen Morris, Esq.
Labels: elder care, medicaid
