Should children pay for the long term care of their parents? In the thirty states that have Filial Responsibility laws, they can be legally required to do so. Texas does not have these laws, but the issue is important for Texans whose parents live elsewhere or for Texas parents who might consider moving to another state. Filial Responsibility Laws allow the state, or a health care provider, to sue family members to recover money that was spent on a relative's medical care. Some of the laws take … [Read more...]
Filial Responsibility & Health Care Costs
Should children pay for the long term care of their parents? In the thirty states that have Filial Responsibility laws, they can be legally required to do so. Texas does not have these laws, but the issue is important for Texans whose parents live elsewhere or for Texas parents who might consider moving to another state. Filial Responsibility Laws allow the state, or a health care provider, to sue family members to recover money that was spent on a relative's medical care. Some of the laws take … [Read more...]
Planning for Long Term Care
Long term care in a nursing home can be very expensive. If you do not plan properly, you can lose most of your assets before Medicaid will start paying for your care. Because you do not know whether or not you will need it, planning for the possibility of long term care should be a part of your overall estate plan. You have several options to plan for long term care. In Texas, you even have a unique option that is not available in most other states. In Texas, you can use a particular type of … [Read more...]
Mistakes that Families Make With Medicaid and Nursing Home Expenses
Medicaid often enters the lives of senior citizens when it comes to paying for the catastrophic costs of nursing home care. Not being familiar with the complex Medicaid system, many families make mistakes within this confusing area of elder law. Some of the most common mistakes include: 1. Relying on Medicare or health insurance to pay nursing home expenses. Neither Medicare nor regular health insurance pays for the cost of long-term care in a nursing home. With the average cost of … [Read more...]
Tips for Medicaid Estate Planning
Many people get Medicaid confused with Medicare, but there are many distinctions between the two programs. Medicaid, simply put, is a medical assistance program that's designed for disabled persons and low income, older people. It can also cover younger people who are receiving welfare from the government. Medicare, on the other hand, offers identical benefits to anyone enrolled regardless of their income level. Medicaid is actually managed by the individual states, so eligibility … [Read more...]
Medicaid: Separating Fact from Fiction
There’s a lot of information floating around about Medicaid, particularly when it comes to paying for nursing home care. Some of the information is reliable, while some is not accurate at all. So, how do you know which information you can trust? Get the facts from a trusted expert, like an experienced and qualified elder law attorney. Below are three myths surrounding Medicaid, along with the corresponding facts: 1) You can simply transfer your assets to your spouse and qualify for … [Read more...]
Worried About Long-Term Care? Don’t Become a Deer in the Headlights
The specter of long-term care looms large for many people. Whether or not you’re facing an immediate need for nursing home care or assisted living, it’s likely that some form of long-term care will be a reality for you or a loved one at some point during your lifetime. Like so many other topics that are related to elder law and estate planning, long-term care is tough to think about. For one thing, no one looks forward to losing their health, not to mention losing some degree of control over … [Read more...]
Qualifying for Medicaid: Timing is Everything
If you or your spouse anticipate the need for nursing home care in the future, and particularly if you’re concerned about how you’ll finance that care, you’ll likely want to meet with an elder law attorney sooner rather than later. Given the strict rules that govern Medicaid qualification, the absolute best case scenario is to start planning to qualify for the program at least five years before you actually need apply for benefits. Medicaid imposes a five year “look back” period, which means … [Read more...]
Is All Property “Countable” for Medicaid Purposes?
The Medicaid program is one resource available to help cover the high costs of nursing home care. It is a federally-established program designed to help people of limited means gain access to the health care they need. Although the program is established by the federal government, it is administered by the states, and each state has slightly different rules for qualifying for Medicaid. “Countable” vs. “Non-Countable” In order to qualify for Medicaid, an applicant must meet certain income and … [Read more...]
How Will You Pay for Long-Term Care?
Americans are living longer and healthier lives than ever before. And while this is true, it’s also true that more of us than ever before will need some form of long-term care. This fact changes the way we look at both retirement planning and estate planning. There are three main ways to pay for long-term care: Pay out-of-pocket through savings or by selling off assets. This method of paying for care requires advance planning and may have a great effect on the size and type of inheritance … [Read more...]
