Hurley Elder Care Law Newsletter - September 2017
 
 
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September 2017   

The Major Medicaid Mistakes

As our aging population continues to grow, more and more families will face the need for long-term care for their loved ones. If that care is received in a nursing home, these families will face costs of $7,000 - $10,000 per month (and that number increases each year). Since Medicare does not cover the cost of skilled nursing home care (except for limited rehab stays), most residents must pay the full cost of skilled nursing home care. At $7,000 - $10,000 per month, the average family will exhaust their life savings within the first year of nursing home care. Most nursing home residents will eventually end up needing Medicaid to pay for the nursing home care. The thought of paying for nursing home care and even eventually needing Medicaid terrifies most families. The rules are complex and ever-changing, and there is a ton of misinformation in the community about how Medicaid works. Here are the most common Medicaid mistakes made by families facing this stressful situation that we have noticed over the years:


HAVING NO PLAN AND TAKING NO ACTION:
So often families are simply overwhelmed by the health and care needs of the nursing home resident. They are aware that the nursing home costs are extraordinary, but they are like deer caught in the headlights, frozen and unable to act. Every year hundreds of millions of dollars are lost simply because families stood back and did nothing. Frequently it is wrongly assumed that once a person is in the nursing home, nothing can be done to save their assets. In most cases the assets could have been saved, but action must be taken before the money is gone.

ASSUMING INELIGIBILITY FOR MEDICAID:
Many people cannot afford to pay $7,000 - $10,000 per month for the cost of a nursing home. For this reason, Medicaid has become the long-term care insurance of the middle class. Many of those middle class families, however, have a hard time believing that they could be eligible for Medicaid. Medicaid iseen as the health insurance for only the most destitute. This mistake has cost many families thousands of dollars.

GIVING AWAY ASSETS WITHOUT A PLAN:
One of the most common "do-it-yourself" ideas is to just give assets away. You cannot simply give assets away to meet the asset limits for Medicaid eligibility. If you have given assets away for less than fair market value within five years of a Medicaid application date, you must disclose the transfers of these assets on the application. A penalty period will be assessed based on the value of the assets given away. Making gifts can be an important part of an effective Medicaid asset protection plan, but doing so without a plan, or, worse yet, without fully understanding the consequences can be financially devastating.

THINKING A REVOCABLE TRUST WILL PROVIDE PROTECTION:
Revocable trusts can offer a number of financial benefits but protection from Medicaid is not one of them. Assets in a revocable trust are still considered as part of the nursing home residents assets and considered to be available to pay for care costs. Additionally, assets owned jointly with another person are all included in the calculation of assets.

DEPENDING ON UNEDUCATED ADVICE:
Families in such difficult situations often have no idea where to turn. So, they often end up listening to their neighbor, sister-in-law, insurance agent, or anyone who claims to have personal experience with Medicaid. This has led many families to make costly mistakes.

FOLLOWING THE ADVICE OF THE DFCS WORKER:
The DFCS workers job is to evaluate the Medicaid application and determine whether an applicant is currently eligible for Medicaid benefits. It is not their job, nor are they
typically knowledgeable enough, to help you save assets. Do not assume that the DFCS worker, no matter how nice he or she seems, is on your side. The government will only tell you what you can't do, not what the law says you can do to protect your assets. 

FAILING TO AVOID ESTATE RECOVERY:
The Medicaid Estate Recovery Unit will attempt to recover every last cent of the benefits provided to the nursing home resident after the residents death. It is possible that a person can own assets and still qualify for Medicaid; and the Medicaid Estate Recovery Unit can claim those assets after death. In most cases, however, proper actions taken proactively can protect them from Medicaid Estate Recovery.

HANDLING THE APPLICATION ON YOUR OWN (OR LETTING THE NURSING HOME DO IT)
Yes, there are people who apply for Medicaid and are approved without complication. The problem is that it is difficult to identify when a complication or serious mistake is looming in the application. If a Medicaid application is made and the resident is denied because of real estate or forgotten stocks, she will not learn about the denial until months of eligibility have beelost and debt of tens of thousands of dollars to the nursing home have accrued. An easy fix for this is a consultation with a Certified Elder Law Attorney (CELA) who can review the situation and advise whether the person, nursing home, or
attorney should handle the application. Nursing home social workers and business office managers are a great resource to help people file a basic Medicaid application, but their job is to provide care, not protect your assets. If eligibility is questionable, it is best to seek help from a CELA. Medicaid has truly become the long-term care insurance of the middle class. As we live longer and as care costs continue to rise, more families will look to Medicaid to pay the cost of Nursing Home care. The rules for Medicaid are complex, but help does exist. If you would like more information on using Medicaid and pre-paid funeral plans, please contact our office at (404)843-0121 or info@hurleyeclaw.com.

  
Family Business We would like to welcome the newest member to our Hurley Elder Care Law Family. Theresa Denlinger, and her husband Michael, welcomed their daughter, Magnolia (Maggie) Joy on September 16th. Both mother and baby are doing great. 
Events Open to the Community:

CORRECTED- Friday, September 29th- Join Miles Hurley, JD, CELA, for a presentation on “Hidden Secrets of Veterans Benefits that the VA Won’t Tell You About at Forsyth County Senior Center

The “Aid and Attendance” benefit is one of the VA’s best-kept secrets from our retired service men and women. Veterans over age 65 who are disabled can be eligible for as much as $2,127 per month to help defer the cost of long-term care expenses such as home care, assisting living community costs, and nursing home costs. Surviving spouses can qualify for up to $1,153 per month. Learn more about this “hidden benefit” and other non-service related benefits. 2:00 PM- 3:00 PM - Presentation. Forsyth County Senior Services, 595 Dahlonega Street, Cumming, GA 30040. RSVP: Apryl Milam, Program Coordinator, agmilam@forsythco.com 770-781-2178

Tuesday, October 3rd- Join Danielle Humphrey, JD, CELA, for a complimentary presentation on “You Don’t Know What You Don’t Know- The Importance of Being Educated Prior to a Crisis” at Westminster Memory Care

The options for paying for long-term care are limited. Did you know that Medicare will not pay for home care or assisted living care? Do you know what Medicaid provides? Most families do not realize their limited options until they are in a crisis, usually when their loved one is about to be discharged from a hospital. Making decisions while in a crisis can be stressful and result in bad choices. This seminar is intended to provide information prior to a crisis. Learn how to best find, get and pay for good long-term care. 6:00 PM- 7:00 PM - Appetizers & Presentation. Westminster Memory Care, 3366 Atlanta Hwy, Dallas, GA 30132. RSVP: westminstermemory.eventbrite.com

CEU Events for Healthcare Professionals:

Tuesday, September 26th- Join Miles Hurley, JD, CELA, for a Complimentary Dinner CEU on "The Dementia Maze: Understanding the Options and Cost of Care" at The Phoenix at Dunwoody

Every 67 seconds someone in the U.S. develops Alzheimer’s, and one in three seniors will die with Alzheimer’s or another dementia.  The purpose of this activity is to review the basics of Alzheimer’s disease and then analyze the financial impact of the disease to families and employers as well as those affected by it.  Knowing the options available and planning for the unexpected loss in functional and cognitive capacity is the best way for healthcare professionals to advise their patients and families. The earlier you plan, the more options are available. Dementia is hard enough when there is a plan in place; dementia with no plan will leave families exhausted, stressed and broke. CEUs available:  1 core hour for social workers; 1 contact hour for case managers and RNs. 5:00 PM-5:30 PM - Registration and Dinner; 5:30 PM-6:30 PM - CEU Education. The Phoenix at Dunwoody, 4484 N Shallowford Rd, Dunwoody, GA 30338, RSVP: phoenixdunwoody.eventbrite.com

Wednesday, September 27th- Join Michelle Allen, LCSW, for a Complimentary CEU on "Successful Nursing Home Placements" at Hurley Elder Care Law

The decision to transfer a family member to a nursing home can be a difficult one. The many emotions arising from such a decision may be impacted further by a complex placement process. It is the family’s responsibility to explore facilities and to make decisions about which facilities can best meet the patient’s financial, physical, and social needs, but healthcare providers also play a crucial role. Case managers and social workers must understand how to complete the DMA-6 and Level 1, how to navigate the options, and how to advise families on paying for nursing home care. Please join us to learn what you need to accomplish Successful Nursing Home Placements. CEUs available:  1 core hour for social workers; 1 contact hour for case managers. 4:00 PM-4:30 PM - Registration and Snacks; 4:30 PM-5:30 PM - CEU Education. Hurley Elder Care Law,  100 Galleria Parkway, Suite 650, Atlanta, GA 30339, RSVP:  hurleyceusept.eventbrite.com

Tuesday, October 3rd- Join Miles Hurley, JD, CELA, for a Complimentary CEU on "The Dementia Maze: Understanding the Options and Cost of Care" at Merryvale Assisted Living

Every 67 seconds someone in the U.S. develops Alzheimer’s, and one in three seniors will die with Alzheimer’s or another dementia.  The purpose of this activity is to review the basics of Alzheimer’s disease and then analyze the financial impact of the disease to families and employers as well as those affected by it. Knowing the options available and planning for the unexpected loss in functional and cognitive capacity is the best way for healthcare professionals to advise their patients and families. The earlier you plan, the more options are available. Dementia is hard enough when there is a plan in place; dementia with no plan will leave families exhausted, stressed and out of money. CEUs available: 1 core hour for social workers; 1 contact hour for case managers and RNs. 5:00 PM-5:30 - PM - Registration and Snacks;  5:30 PM-6:30 PM - CEU Education, Merryvale Assisted Living, 11980 Highway 142, Oxford, GA 30054, RSVP: merryvaleceu.eventbrite.com

Tuesday, October 10th- Join Danielle Humphrey, JD, CELA, for a Complimentary CEU on "The Dementia Maze: Understanding the Options and Cost of Care" at Arbor Terrace at Crabapple

Every 67 seconds someone in the U.S. develops Alzheimer’s, and one in three seniors will die with Alzheimer’s or another dementia.  The purpose of this activity is to review the basics of Alzheimer’s disease and then analyze the financial impact of the disease to families and employers as well as those affected by it. Knowing the options available and planning for the unexpected loss in functional and cognitive capacity is the best way for healthcare professionals to advise their patients and families. The earlier you plan, the more options are available. Dementia is hard enough when there is a plan in place; dementia with no plan will leave families exhausted, stressed and out of money. CEUs available: 1 core hour for social workers; 1 contact hour for case managers and RNs. 6:00 PM-6:30 PM - Registration & Heavy Appetizers, 6:30 PM-7:30 PM CEU Education, Arbor Terrace at Crabapple, 12200 Crabapple Road, Alpharetta, GA 30004, RSVP: arborterraceceu.eventbrite.com

Tuesday, October 17th- Join Joanna Hurley for a Complimentary CEU on "Planning for the Expected: Decisions, Documents and Death" at Arbor Terrace Johns Creek

Death is unavoidable, yet most Americans are woefully ill-prepared for this eventuality; planning for the expected means taking control. Mrs. Hurley will provide guidelines to begin essential conversations about advance planning and the benefits of taking charge of the inevitable. This presentation offers a welcome road map for healthcare professionals supporting patients and their families facing the end of life. Key discussion points include: the impact of dying without a will, the benefits of a trust, detailed guidelines regarding what to do when someone dies as well as an overview of the probate process. CEUs available: 1 core hour for social workers; 1 contact hour for case managers and RNs. 5:00 PM-5:30 - PM Registration and Dinner, 5:30 PM-6:30 - PM CEU Education. Arbor Terrace Johns Creek, 3180 Karen White Drive, Suwanee, GA 30024, RSVP: arborterracejc.eventbrite.com


For more details and a complete list of upcoming events, please visit Hurley Elder Care Law Community Education.
Recent BlogsFinancial Victimization of Elders- Learn how to prevent elder fraud.

Who Decides? Several decisions you can make for your own aging process.

Caregiver Tips- These ideas can help you cope with caregiver stress.

New Medicare Cards- The features of the new cards.

Elder Care Resources
Help for Acid Reflux- Non-medicinal remedies for heartburn.

Medicaid Rules for Individuals- Take a closer look at Medicaid’s income rules.

Toolkit for Dementia Diagnosis- Online resources for initial detection.

 Cremation Rate Increasing- More families are choosing cremation over burial.


Miles P. Hurley, JD, CELA  Miles P. Hurley founded Hurley Elder Care Law in 2006 to provide legal assistance to the elderly population on issues relating to aging including retaining independence, quality of life and financial security. Mr. Hurley is one of eleven attorneys in the state of Georgia to receive the Certified Elder Law Attorney Certification, and one of approximately 400 nationwide. 
Hurley Elder Care Law is dedicated to the process of long-term care and estate planning. 
Call us today for a free phone consultation with a client coordinator at (404) 843-0121.


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Hurley Elder Care Law
100 Galleria Pkwy, Suite 650
Atlanta, GA 30339
404-843-0121

Satellite Offices
2011 Commerce Dr. Suite 100, Peachtree City, GA 30269   
225 Creekstone Ridge, Woodstock, GA 30188       
6340 Sugarloaf Parkway, Suite 200, Duluth, GA 30096


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