Long Term Care ⋆ Estate Planning Lawyer ⋆ Vicknair Law Firm Louisiana Estate Planning, Probate, Trust, Tax, and Business Attorney Tue, 30 Sep 2025 18:35:57 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.3 https://vicknairlawfirm.com/wp-content/uploads/cropped-favicon-300p-32x32.png Long Term Care ⋆ Estate Planning Lawyer ⋆ Vicknair Law Firm 32 32 What Should I Know About Long-Term Care? https://vicknairlawfirm.com/what-should-i-know-about-long-term-care/ Tue, 18 Apr 2023 15:22:04 +0000 https://vicknairlawfirm.com/?p=11627 What Should I Know About Long-Term Care?

Long-term care insurance is a specialty type of insurance that helps pay for costs that are typically connected with long-term care. This can include items such as care given in a hospital, nursing home services, medical services provided in your home and treatment for dementia.

WGN’s recent article entitled “10 Crucial Things to Know about Long-Term Care“ looks at these important items.

  1. The Biggest Financial Threat. The most significant threat to your financial nest egg is long-term care. About 70% of people over 65 will need some kind of long-term care during their life. The national average for home health care services is $16,743 per month. However, there are ways to manage this without buying a traditional long-term care insurance policy where “you use it or lose it.”
  2. Long-Term Care Insurance is Really “Lifestyle” Insurance. It’s NOT nursing home insurance.
  3. Reverse Mortgages. These have become a popular and accepted way of paying for expenses, including the cost of long-term care. Reverse mortgages are designed to keep seniors at home longer. A reverse mortgage can pay for in-home care, home repair, home modification and other needs.
  4. Using Medicaid to Pay For Long-Term Care. This should be a last resort to pay for long-term care, but it also may be the only way to protect family assets. Medicaid will pay for long-term care, but certain criteria must be satisfied. If you have too many assets, you may not qualify. Talk to an elder law attorney to get qualified amd before applying for Medicaid.
  5. Important Considerations When Selecting a Long-Term Care Plan. Four things to consider: (i) go with a company with an AM BEST rating of A+ or better; (ii) the assets of the insurance company should be in the billions; (iii) some long-term care insurers will allow for group discounts through employers, or “affinity” group discounts through a local organization; and (iv) the tax advantages for tax-qualified long-term care insurance plans. At the federal level, premiums for long-term care insurance fall into the “medical expense” category. On the state level, 26 states offer some form of deduction or tax credit for long-term care insurance premiums.
  6. The Annuity-Based Long-Term Care & The Pension Protection Act. In 2006, this law was enacted to permit those with annuity contracts to have long-term care riders with special tax advantages. The Act allows the cash value of annuity contracts to be used to pay premiums on long-term care contracts.
  7. Asset-Based Long-Term Care Solutions. The best planning approach for those who choose to self-insure is to “invest” some of their legacy assets so the assets can be worth as much as possible whenever they may be needed to pay for care. If unneeded, the money would then pass to the intended heirs, with no “use it or lose it” issues as with conventional long-term care insurance.
  8. Long-Term Care Strategy Using IRA Money. Most people use their IRA to supplement retirement. However, sometimes waiting until age 72 when mandatory required minimum distribution rules apply, some people have instead opted to take a portion of their IRA and fund an IRA-based annuity which then systematically funds a 20-pay life insurance plan with long-term care features. This type of IRA-based long-term care policy is unique in the sense that it starts out as an IRA annuity policy, also known as a tax-qualified annuity, and then over a 20-year period makes equal distribution internally to the insurance carrier and funds the life insurance.
  9. Important Documents for Long-Term Care Planning. Ask an experienced estate planning attorney about a power of attorney for health care and financial power of attorney, as well as an advance directive or living will.
  10. Using Veterans Benefits to Pay For Long-Term Care. The VA offers a special pension: the Aid and Attendance (A&A) Benefit. This is a “pension benefit” and is not dependent upon service-related injuries for compensation.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “What Should I Know About Long-Term Care?” read also these additional articles: What Do Seniors Say About Aging in Place? and The Difference between Revocable and Irrevocable Trust and What Is Asset Protection Planning? and Do I Need a Prenup?

Reference: WGN (2022) “10 Crucial Things to Know about Long-Term Care“

 

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What Do Seniors Say About Aging in Place? https://vicknairlawfirm.com/what-do-seniors-say-about-aging-in-place/ Tue, 11 Apr 2023 14:00:24 +0000 https://vicknairlawfirm.com/?p=11628 What Do Seniors Say About Aging in Place?

A new study published in the Journal of the American Geriatrics Society found that the challenges posed to seniors – many of whom were left sequestered alone in their homes – actually increased the amount of trust they were able to place in themselves and their abilities.

Seasons’s recent article entitled “Pandemic has made seniors more confident about aging in place, study reports” reported on this survey.

In fact, the survey was a part of a larger study, which asked 214 respondents to rate their general self-confidence as well as their confidence in a variety of scenarios—from managing their health to social interactions. This might be confidence in their ability to arrange rides and appointments or seeking support when they need help understanding something.

The researchers from Northwestern University found significant differences between the 66 seniors who responded to the survey before the pandemic and the 148 who answered after.

In fact, pandemic-era respondents not only had higher confidence in general but reported significantly higher confidence in their abilities to manage social interactions.

“Self-doubt is a part of human nature,” the study’s authors wrote. “COVID-19 restrictions forced older adults to experience the loss of in-person human interactions and overcome their self-doubt in managing social interactions. Older adults adapted to the challenges of isolated aging in place and came ahead with higher self-efficacy.”

The news is positive, considering that 77% of older adults want to age in place, according to the AARP. A jump in confidence will be a big help for caregivers who don’t want to see their loved ones institutionalized. Moreover, it opens the door for the necessary planning that will be needed to keep a senior home long-term. This includes installing grab bars and ramps or reconfiguring a two-story house.

Aging in place is good for both seniors and their caregivers. By staying in their homes, older people are able to hold onto more of their independence as they can determine their day-to-day life.

Moving individuals at the end of their life can also have many detrimental effects, including anxiety, depression and loneliness.

For caregivers who are concerned about these aspects, keeping a loved one home can be a big relief with the right support.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “What Do Seniors Say About Aging in Place?” read also these additional articles: The Difference between Revocable and Irrevocable Trust and What Is Asset Protection Planning? and Do I Need a Prenup? and Can a 529 Plan Help with Estate Planning?

Reference: Seasons (Aug. 9, 2022) “Pandemic has made seniors more confident about aging in place, study reports”

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What Do People Think About Government-Paid Long-Term Care? https://vicknairlawfirm.com/what-do-people-think-about-government-paid-long-term-care/ Tue, 11 Apr 2023 11:00:15 +0000 https://vicknairlawfirm.com/?p=11626 What Do People Think About Government-Paid Long-Term Care?

About 50% of adults say that assistance for older adults should be funded by Medicare and Medicaid, according to an Associated Press-NORC Center poll.

MSN’s recent article entitled “Bipartisan support for policies to pay long-term care costs: Poll” says that 75% of adults surveyed say long-term care should be funded through Medicare Advantage or supplemental insurance programs. Close to two-thirds of respondents also said they’d support a government-administered insurance program, government funding for low-income people to receive long-term care at home and Social Security earnings credit or tax breaks for those providing long-term care to a senior.

Overall, 66% of respondents said they think it’s the federal government’s responsibility to make sure all people in the U.S. have health insurance coverage, with 73% of people aged 18-49 likely to support vs. 53% of those aged 50 and older.

Republican and Democratic responses were about the same, according to the poll.

About the same number of Republicans and Democrats favor nontaxable funds to pay for long-term care insurance—about 70%. The largest party difference was about the option for low-income people to receive government-funded, long-term care in their homes. Roughly 84% of Democrats supported this, compared to 55% of Republicans.

Overall public satisfaction with the U.S. healthcare system is low. Just 12% think the government is handling healthcare very or extremely well. When asked about healthcare specifics, 74% of adults said the U.S. handles prescription medication costs or mental healthcare “not too/not at all well,” and 70% said the same about mental healthcare.

The survey found that whites had a more negative view of the U.S. healthcare system compared to black and Hispanic adult respondents. When looking at healthcare for older adults, 56% of white adults think it is not too/not at all handled well, with 49% of Hispanic adults and 44% of black adults responding the same.

The poll consisted of 1,505 interviews between July 28 and August 1, with a 3.6% margin of error.

Under current law, MediCARE will only pay for the first 100 days of long term care.  After that, to pay for long term care, you need to either (a) have long term care insurance, (b) private pay out of your own funds (which will run at least $6,500 per month up to $9,000 per month in Louisiana); or (c) qualify for MediCAID Long Term Care benefits.  MediCAID is different from MediCARE.  MediCAID is a means based program intended for the poor, so to qualify and avoid losing your assets to nursing home poverty, it is best to get your plan in order well before you need to go into the nursing home.  I can help save at least half your assets even with a MediCAID crisis plan, but it is better to save all of your assets rather than merely half.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “What Do People Think About Government-Paid Long-Term Care?” read also these additional articles: The Difference between Revocable and Irrevocable Trust and What Is Asset Protection Planning? and Do I Need a Prenup? and Can a 529 Plan Help with Estate Planning?

Reference: MSN (Sep. 12, 2022) “Bipartisan support for policies to pay long-term care costs: Poll”

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The Difference between Revocable and Irrevocable Trust https://vicknairlawfirm.com/the-difference-between-revocable-and-irrevocable-trust/ Tue, 11 Apr 2023 00:42:39 +0000 https://vicknairlawfirm.com/?p=11625 The Difference between Revocable and Irrevocable Trust

A living trust can be revocable or irrevocable, says Yahoo Finance’s recent article entitled “Revocable vs. Irrevocable Trusts: Which Is Better?” And not everyone needs a trust. For some, a will may be enough. However, if you have substantial assets you plan to pass on to family members or to charity, a trust can make this much easier. Keep in mind that both revocable trusts and irrevocable trusts avoid probate for the assets that are transferred to them.

A revocable trust is a trust that can be changed or terminated at any time during the lifetime of the grantor (i.e., the person making the trust). This means you could:

  • Add or remove beneficiaries at any time
  • Transfer new assets into the trust or remove ones that are in it
  • Change the terms of the trust concerning how assets should be managed or distributed to beneficiaries; and
  • Terminate or end the trust completely.

When you die, a revocable trust automatically becomes irrevocable and no further changes can be made to its terms. An irrevocable trust is permanent. If you create an irrevocable trust during your lifetime, any assets you transfer to the trust must stay in the trust. You can’t add or remove beneficiaries.  But you may be able to change certain terms of the trust, as long as they are purely “administrative” terms.  In other words, changing the successor trustees.  But  changing the beneficiaries may not be allowed under Louisiana law.

The big advantage of choosing a revocable trust is flexibility. A revocable trust allows you to make changes, and an irrevocable trust doesn’t. Revocable trusts can also allow your heirs to avoid probate when you die. However, a revocable trust doesn’t offer the same type of protection against creditors as an irrevocable trust. If you’re sued, creditors could still try to attach trust assets to satisfy a judgment. The assets in a revocable trust are part of your taxable estate and subject to federal estate taxes when you die.

An irrevocable trust has a big advantage: it can allow you to become qualified for long-term care benefits.  Plus, it can protect your assets from creditors, and in certain cases, irrevocable trusts can also help in managing estate tax obligations. The assets are owned by the trust (not you), so estate taxes can be avoided.

When it comes to most irrevocable trusts, you can act as your own trustee.  However, acting as your own trustee for some irrevocable trusts that are established for estate tax avoidance purposes is not suggested.

Speak with an experienced estate planning or probate attorney to see if a revocable or an irrevocable trust is best or whether you even need a trust at all.

I wrote a more detailed blog post entilted “What is the Main Purpose of a Trust” which can be obtained here: https://vicknairlawfirm.com/what-is-the-main-purpose-of-a-trust/

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “The Difference between Revocable and Irrevocable Trust” read also these additional articles: What Is Asset Protection Planning? and Do I Need a Prenup? and Can a 529 Plan Help with Estate Planning? and Can You Prevent Family Fights over Inheritance?

Reference: Yahoo Finance (Sep. 10, 2022) “Revocable vs. Irrevocable Trusts: Which Is Better?”

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What Is Asset Protection Planning? https://vicknairlawfirm.com/what-is-asset-protection-planning/ Tue, 04 Apr 2023 16:00:25 +0000 https://vicknairlawfirm.com/?p=11623 What Is Asset Protection Planning?

Yahoo’s recent article entitled “How to Protect Your Money, Even If You’re Not Rich” says that contrary to what many people believe, asset protection planning isn’t just for the wealthy. The estates of anyone, in any income group, can be sued or suffer from hefty taxation.

The following strategies in a good asset protection plan can mitigate the effect of creditor claims and other issues on your wealth.

If you want and need to protect your assets, you should be proactive. However, if you have significant debt and few assets and you are subject to a lawsuit, it may be better to file for bankruptcy than to create an asset protection plan.

That’s because it’s only worth it if you have significant assets, although some events cannot be protected against. These include tax liens, mechanics liens, alimony judgments and child support claims.

An plan benefits these people the most:

  • Anyone with a significant amount of assets.
  • Anyone with a significant, recurring amount of credit card debt.
  • Homeowners underwater on their mortgage (your mortgage balance is greater than the value of your home).
  • Anyone whose profession carries with it a high probability of liability, such as doctors and attorneys.

Some assets aren’t subject to creditors, such as retirement accounts under the protection of the Employee Retirement Income Security Act of 1974 (ERISA).

You may also legally preserve a small portion of your home equity. But Louisiana residents should not rely on this.  The amount exempt from seizure of Louisiana homeowners is only $35,000.  Contrast this with residents of Texas and Florida who generally have an unlimited exemption from seizure.

However, if you engage in asset protection planning ahead of time with a good estate planning attorney, your attorney can place your home into an asset protection trust, which can also qualify you for long-term care benefits and help your estate avoid probate, potentially saving you and your heirs tens of thousands, maybe hundreds of thousands, all while protecting your assets from lawsuits.  You really can have your cake and eat it too when it comes to asset protection planning.

For business owners or those who own property commercial or residental rental property, often an indespensible asset protection tool is a business entity such as a limited liability company or LLC.  But be careful with the use of corporations, since a C corporation or S corporation can have very negative income tax effects that you should avoid if you own appreciated or appreciating property.

The goal of asset protection planning is to set a level of legal separation between you and your assets. This allows you to legally shelter your assets from creditors without doing anything illegal.  This can be done through a good estate and asset protection attorney.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “What Is Asset Protection Planning?” read also these additional articles: Do I Need a Prenup? and Can a 529 Plan Help with Estate Planning? and Can You Prevent Family Fights over Inheritance?

Reference: Yahoo! (Nov. 6, 2022) “How to Protect Your Money, Even If You’re Not Rich”

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Is A Medicaid Planner Right for Me? https://vicknairlawfirm.com/is-a-medicaid-planner-right-for-me/ Fri, 02 Sep 2022 14:00:43 +0000 https://vicknairlawfirm.com/?p=11562 Is A Medicaid Planner Right for Me?

A Medicaid Planner is a term that encompasses many different types of professionals who may be able to assist you or a loved one with qualifying for Medicaid benefits. Not every Medicaid Planner may be appropriate for your individual needs or situation.

Although Medicaid is a federal program, it is run on a state-by-state basis. This means every state has its own rules and requirements. If you are considering working with a Medicaid Planner, it is important you work with someone who is familiar with your state’s particular requirements to Qualify for Institutional Long-Term Care, which is a needs-based program.

Here is a list of the different types of Medicaid planners:

Elder Law Attorneys — Elder law attorneys are licensed to practice law in a specific state, so they are knowledgeable about their state’s individual Medicaid eligibility requirements. They can help individuals or families protect their assets with a particular type of trust intended to get you qualified. These types of trusts are permitted in Louisiana. If you live in a state other than Louisiana, an elder law attorney can help you explore alternatives to reorganize assets or income so that you can qualify for Medicaid in the future.

Elder law attorneys can also help you appeal a Medicaid denial or adverse Medicaid determination. In addition, where issues become contested with skilled nursing or long-term care facilities, an elder law attorney may be able to help you navigate these issues.

Financial Planners — Financial planners can provide a broad range of advice and planning, but by law they cannot draft legal documents. They can help you put together a long-term care plan, discuss and evaluate investment options, and provide other financial advice. However, not every financial planner understands the intricacies of Medicaid or the particular care requirements that a person may have.

Care Managers — Elder care managers are more focused on care planning and coordination, such as resolving issues you may face if you need community or skilled nursing home care, as opposed to handling financial planning or legal matters. Because they are more familiar with day-to-day care issues, they often can serve as very knowledgeable resources on local programs and alternatives to Medicaid.

Counselors — Medicaid counselors are typically volunteers who offer limited services, like assisting with the application process, at no cost. They usually cannot advise a person on how to qualify for Medicaid. They also cannot provide legal or financial advice.

Insurance Agents and Commission-Based Medicaid Planners — These professionals also have a limited ability to assist with Medicaid planning. Only some products they can sell are Medicaid-compliant. For example, only specific insurance policies, such as prepaid burial insurance and certain annuities, are not “counted” in the Medicaid asset limit applicable in your state. These professionals can help sell you one of these options and will receive commissions paid by the insurance company.
Not every type of Medicaid Planner may be suitable for your situation. For those with significant assets or income, a legal professional combined with a financial professional may make the most sense. Others, whose resources are limited, would benefit by a good medicaid “pre-plan” drafted by an elder law attorney.

For more information on Medicaid planning, BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “Is A Medicaid Planner Right for Me?” read also these additional articles: Alert: Scam Targeting Medicare Recipients and CMS Issues Updated Guidance Intended to Improve Quality of Nursing Home Care and What Happens If Couple Divorce and Own Business? and Can Some Foods Help Prevent Alzheimer’s?

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CMS Issues Updated Guidance Intended to Improve Quality of Nursing Home Care https://vicknairlawfirm.com/cms-issues-updated-guidance-intended-to-improve-quality-of-nursing-home-care/ Thu, 01 Sep 2022 05:57:18 +0000 https://vicknairlawfirm.com/?p=11555 CMS Issues Updated Guidance Intended to Improve Quality of Nursing Home Care

Today, more than 1.4 million individuals live in Medicare- and Medicaid-certified nursing homes across the United States. As part of an effort seeking to improve the health and safety of nursing home residents nationwide, the Centers for Medicare and Medicaid Services (CMS) released updated guidance in June for the state agencies that are responsible for surveying long-term care facilities and investigating complaints. An overview of the guidance is at the CMS.gov website entitled Updated Guidance for Nursing Home Resident Health and Safety.

The wide range of updates include the following:

  • Nursing homes must provide data on their staffing, which the CMS will use in a research study aimed in part at establishing minimum staffing level requirements for these facilities.
  • LTC facilities will be required to employ at least one part-time, on-site infection preventionist who meets the needs of the facility and oversees an effective infection prevention and control program.
  • Nursing home surveyors across states will need to investigate complaints and reports of abuse in a timely and consistent manner. A 2019 Government Accountability Office report had previously found that information on abuse was not readily available and that the processes through which incidents of abuse were reported to law enforcement varied widely by state.
  • The revisions provide clarifications on various requirements related to nursing homes’ discharge of residents, compliance with arbitration agreements, and the procedures they follow to manage complaints and report incidents.
  • Updated mental health guidance targets the inappropriate use of unnecessary medications, such as antipsychotics.
  • The CMS also outlines recommendations for nursing homes on limiting occupancy per room to two individuals to help prevent infection while also offering an enhanced level of comfort and privacy for residents. It also urges operators to allow for a greater number of single-occupancy rooms.

Nursing home surveyors will begin to apply the new guidelines in October 2022.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “CMS Issues Updated Guidance Intended to Improve Quality of Nursing Home Care” read also these additional articles: What Happens If Couple Divorce and Own Business? and Can Some Foods Help Prevent Alzheimer’s? and Wayward Senior Tracked by Bluetooth Technology and What is the First Sign of Dementia?

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Understanding the Issues of Elder Law https://vicknairlawfirm.com/understanding-the-issues-of-elder-law/ Wed, 27 Jul 2022 03:33:07 +0000 https://vicknairlawfirm.com/?p=11048 Understanding the Issues of Elder Law

The legal needs of many older Americans go beyond basic legal services. They are also all intertwined. In addition to understanding the legal issues and complications that older Americans face, elder law attorneys must also understand the surrounding personal concerns of their clients, such as health, financial and family issues, and how those affect their clients’ legal issues.

Recently Heard’s article entitled “What You Need to Know About Elder Law” explains that other specific areas of expertise include the following:

  • End of life planning could extend to planning your health care support system as you age, signing a general power of attorney, establishing a medical power of attorney and other issues surrounding end of life care.
  • Financial issues frequently entails questions about retirement and financial planning, housing financing, income and estate tax planning and gift tax issues.
  • Long term care can include planning for asset protection, insurance for in-home care or assistance with activities of daily living, Medicaid long-term care planning, insurance, veterans’ benefits and other issues.
  • Residents’ rights issues may include claims or complaints you bring while a patient in a nursing home or long term care facility.
  • Workplace discrimination issues stem from the fact that older Americans sometimes face age and disability discrimination in the workplace.
  • Interdiction (called Guardianship in states other than Louisiana) issues might include interdiction avoidance, planning wills and trusts, planning for the future of a special needs child, probate court and other issues surrounding minor or adult children.
  • Landlord-tenant law may mean handling disputes with landlords, contesting an eviction, dealing with foreclosure issues, rent increases and more.
  • Abuse, neglect, and fraud. These elder law attorneys specialize in cases where an older client is being victimized.

An elder law attorney can be a great partner for you as you plan out the legal and financial aspects of the next stage of your life-or the life of a loved one. Speak to one today.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “Understanding the Issues of Elder Law” read also these additional articles: What are the Advantages of a Business Trust? and What Is the Best Asset Protection? and What Happens If My Partner Dies and We’re Not Married? and What Does a Blended Family Need to Know about Finances?

Reference: Recently Heard (June 23, 2022) “What You Need to Know About Elder Law”

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SCOTUS Rules States Can Recoup a Larger Share of Injury Settlements https://vicknairlawfirm.com/scotus-rules-states-can-recoup-a-larger-share-of-injury-settlements/ Thu, 14 Jul 2022 14:00:08 +0000 https://vicknairlawfirm.com/?p=11010 SCOTUS Rules States Can Recoup a Larger Share of Injury Settlements

If you are injured due to another person’s negligence and receive Medicaid benefits to pay for care, the state has a legal right to recover the funds it spends on your care from a personal injury settlement or award. Yet in a legal case involving a Floridian teen who was catastrophically injured more than a decade ago, the U.S. Supreme Court has ruled that state Medicaid programs may be repaid from settlement funds reserved for future medical expenses as well.

The decision affects anyone who receives medical care through Medicaid after suffering a disabling injury that results in a lawsuit.

In 2008, a truck struck 13-year-old Gianinna Gallardo, leaving her in a vegetative state. The state’s Medicaid agency provided $862,688.77 in medical payments on Gallardo’s behalf. Her parents sued the parties responsible, and the case eventually settled for $800,000, of which about $35,000 represented payment for past medical expenses. The settlement also included funds for Gallardo’s future medical expenses, lost wages, and other damages.

The state Medicaid agency claimed it was entitled to more than $300,000 in medical payments from this settlement, including money that had been specifically allocated for Gianinna’s future medical expenses.

Gianinna’s parents then sued the agency in federal court, arguing that the state of Florida should be able to recover monies only from that portion of the settlement allocated for past medical expenses.

When a U.S. district court ruled in favor of Gianinna, the Medicaid agency appealed. A court of appeals reversed the lower court’s decision. Ultimately, the U.S. Supreme Court agreed to hear the case in order to resolve the conflict.

In a 7-2 decision, the Supreme Court agreed that the state is allowed to recover benefits for Gianinna’s past — as well as future — medical care. Justice Clarence Thomas, who wrote the majority opinion, noted that Medicaid law “distinguishes only between medical and nonmedical care, not between past (paid) medical care payments and future (un-paid) medical care payments.”

Justices Sonia Sotomayor and Stephen Breyer dissented. They argued that accepting Medicaid shouldn’t leave a beneficiary indebted to the state for future care that may or may not be needed.

The important takeaway here from the perspective of the attorney who is planning for his or her client, is that any settlement or judgment should, if possible, be weighted less toward reimbursment of medical expenses (past and future) and loss of wages for the injured person, and more toward pain and suffering for the injured person and her family, as well as punitive damages.  Good medicaid planning ahead of time in drafting the judgment will be critical in determining whether the family – or the state – will be awarded more or less of the judgment.

To read the full decision, click here.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “SCOTUS Rules States Can Recoup a Larger Share of Injury Settlements” read also these additional articles: Three Estate Planning Options for Your Art Collection and What Common Mistakes are Made with Living Trusts? and How Do I Maximize My IRA? and Can My Pet Help Me in Old Age?

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Can New Program Help Dementia Patients? https://vicknairlawfirm.com/can-new-program-help-dementia-patients/ Sun, 10 Jul 2022 03:11:44 +0000 https://vicknairlawfirm.com/?p=10965 Can New Program Help Dementia Patients?

Medical Xpress’ recent article entitled “How a care program could improve the lives of people with advanced dementia” reports that the Namaste Care program was developed in the U.S., and looks to give comfort and pleasure to those with advanced dementia through engagement and meaningful activity, fun and sensory stimulation, especially through touch and movement.

A feasibility trial of Namaste Care was carried out by Lancaster University in conjunction with clinics across the U.K. who tested its use with people with advanced dementia in nursing care homes in a study funded by the National Institute for Health and Care Research.

Catherine Walshe, Professor of Palliative Care and Co-Director of the International Observatory on End-of-Life Care at Lancaster University, remarked, “People with advanced dementia living in care homes sometimes spend long hours alone in their rooms, and care home staff can find it hard to engage them with the day to day activities in the care home. Namaste Care provides a structured way of engaging with people with advanced dementia, with indications that this increases social engagement and promotes greater calm.”

Namaste Care is operated by the staff already working within the care home and doesn’t require expensive equipment. The program seeks to structure on the “empty time” for residents with advanced dementia, when they’re not engaged in personal care or mealtimes.

The overall goal is to enhance quality of life for residents with advanced dementia. Namaste Care is based around sensory experience: music, massage, color, taste and scents. Some examples include:

  • Offering familiar objects from a personal memory box
  • Scenting the patient’s room with floral, citrus and wood aromas
  • Providing a hand massage, foot spa and a facial with warm flannels to the face and hands
  • Varying the volume, tempo and style of music
  • Speaking appreciatively and affirmatively to residents
  • Reading them familiar texts of poetry; and
  • Engaging patients in enjoyable activities, such as blowing bubbles.

As a result of their study published in Health Technology Assessment, the research team developed an illustrated booklet to explain the features of Namaste Care. They also made an animated video.

Aimed at nursing care home staff, this may also be helpful to friends and family to help explain Namaste Care in greater detail.

BOOK A CALL with me, Ted Vicknair, Louisiana Board Certified Estate Planning and Administration Specialist, Louisiana Board Certified Tax Law Specialist, and Louisiana CPA to learn more about estate planning in Louisiana, incapacity planning, and Louisiana asset protection.

If you liked this article, “Can New Program Help Dementia Patients?” read also these additional articles: RMD Formula Changes for First Time in 20 Years and Dynasty Trusts: A Tax-Efficient Way o Pass Wealth Down Through the Generations and What Does An Executor Do? and How to Deal with an Estranged Child in Your Estate Plan

Reference: Medical Xpress (June 14, 2022) “How a care program could improve the lives of people with advanced dementia”

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