Elder law attorney Jim Koewler joins Suzanne to talk about what to do when a care facility threatens to discharge or evict a senior loved one. There are specific federal rules that apply when the reason for the discharge is failure to pay: * No "failure to pay" if Medicaid application is pending - If not first application, there must be difference from first * Maybe no "failure to pay" if state hearing or appeal is pending * Facility may try to discharge despite the Medicaid application Just the fact that they are prohibited from these discharge threats doesn't mean they won't try. If they succeed because the family doesn't know any better, then they get away with it. If someone wants to challenge a threat to discharge, make sure you follow all these steps: * Appeal instructions are in the discharge notice * Appeal to the appropriate governmental office ** Include a copy of the proposed discharge paperwork in your appeal ** Send a copy of your appeal to the facility Have the written discharge notice before you began your appeal. You have 30 days, but don't wait to appeal — if you don't appeal soon enough, the facility can go ahead and discharge them. If you win your appeal after that, the facility is first in line to take them back, so long as they have the space. Possible defenses against the discharge: * Challenge the reason for discharge ** If discharge is for failure to pay, show there is aa pending application or appeal * Challenge the choice of their new facility as not appropriate ** If it's your home, for instance, show how it can't meet the loved one's needs * Challenge failure of proper notice In a hearing, the nursing home or assisted living facility goes first, because they carry the burden of proof. When it's your turn, you're probably going to have to be specific about why the new place isn't appropriate. The hearing officer will assume because it was on the notice that it's appropriate, unless you say otherwise. Challenging them is not easy. Every family should have an elder law attorney, because all sorts of situations happen. Watch on YouTube to see slides from Jim's presentation. Learn more about Jim Koewler at his website.

We sign all sorts of paperwork when a senior loved one is admitted to a nursing home, assisted living, or memory care community. But often we don't know what we're signing. Elder law attorney Jim Koewler joins Suzanne to explain exactly what we're signing, and helps us spot legal red flags in the paperwork. This segment focuses on a care facility's threats to discharge or evict a loved one. These rules apply to communities that take Medicare or Medicaid, regardless of whether your loved one is using those programs. If they're private pay, if there's a problem along the way, these laws may still apply: Must give 30 days advance notice, unless Resident's health has improved Resident hasn't yet been there for 30 days Health or Safety Emergency to anyone in the facility Medical Emergency for Resident (Hospitalization) Must still give notice as early as is practical The "health or safety emergency" is often used in cases where a resident has improperly touched or threatened others. The notice of discharge must contain: Reason for proposed discharge Proposed date of discharge Proposed new care facility Right to a hearing and how to request it Long-Term Care Ombudsman contact information The proposed new facility may not be the site where the loved one ends up going, because of circumstances that happen in the ensuing 30 days, but a site must be proposed. While preparing to discharge: A new place must be able to meet care needs New place needs to agree to take the personNot necessarily at time of notice of dischargeRequired at time of actual discharge Old place must ensure a safe, orderly discharge Given the threat of discharge to your residence, anyone challenging the discharge should say that your residence is unable to meet care needs, or else the hearing officer can assume whatever is on the notice is appropriate. They may say you have to come and take your loved one, but no, that is not a safe discharge. They have to make transportation arrangements. The ombudsman should give you this information, but we don't know that they will, or how much they know. Services in the Seattle area such as Sound Generations and Homage Senior Services help seniors with discharges and qualifying for Medicaid. Reach out to your city or county departments of aging but Watch on YouTube to see slides from Jim's presentation. Learn more about Jim Koewler at his website.

Elder law attorney Jim Koewler joins Suzanne to talk about the admissions paperwork we have to sign when a senior love one comes into a skilled nursing facility. Most nursing home and assisting living agreements now have a spot where they want someone else from the family to sign as "resident representative." Subject to federal rules: Resident Representative: Promise to pay from resident's money Has "Sole" control of the resident's money "Volunteer" to guarantee payment Will take in resident if the nursing home discharges the senior loved one The second point you're signing, that you have "sole" control of the resident's money, is often not the case. You may have the ability to spend mom's money as power of attorney, but you don't have sole control unless you're the guardian of their estate — your mom can still also spend her money. If you sign that, you've already lied. The admission person handing this for you to sign doesn't know the difference, but the nursing home's attorney knows it isn't true and has put it in there anyway. The third part means if you sign this, you personally will be held accountable to pay bills. The fourth part meets state and federal rules for the nursing home to provide a save environment in case of discharge. You don't want to agree to these items if you can avoid it. If there's a Medicaid mess-up, then you become responsible for the private pay of your loved one's care. This actually happened to Suzanne, who signed admission papers for her mom even though she wasn't her mom's power of attorney, because someone had to fill out the forms, and by signing, she "volunteered" to cover the bills. How do you avoid this? Watch for it; cross it out. Or if you don't want to draw attention to that, sign your name with a comma, followed by POA. This means that you're signing this on behalf of the loved one, not as your individual self, which legally protects you from agreeing to consequences that affect you personally. Suzanne urges anyone who's facing these situations to consult with an elder law attorney so they you can avoid the situation she found herself in. Watch on YouTube to see slides from Jim's presentation. Learn more about Jim Koewler at his website. Lead image © Can Stock Photo / aoo3771

Elder law attorney Jim Koewler joins Suzanne to talk about the admissions paperwork we have to sign when a senior love one comes into a skilled nursing facility. In part one, they talked about how the agreement should document what services are available that meet your loved one's needs. This segment focuses on aspects of the agreement that are subject to federal rules. Under CMS rules, a place that takes Medicare and Medicaid: Can't demand giving up right to Medicaid, unless the facility doesn't accept Medicaid Can't demand a waver of personal property loss Arbitration Agreement: Resident can reject at signing, can rescind up to 40 days after signing    Watch on YouTube to see slides from Jim's presentation. Learn more about Jim Koewler at his website.

This hour addresses all the paperwork — legal contracts — involved in a loved one's transition to senior living. Sometimes you're electronically signing your name and initialing a few signature blocks on an iPad, but you aren't shown the 50 related pages that are on the document you just signed. You're under the gun in an emergency and need to arrange for a care now, and you just assume you'll sign this, and mom or dad will be taken care of, and everything will be OK. Usually it is. Today we're talking about troublesome clauses that might be in the underlying contracts you were asked to sign with or for your loved one. Elder law attorney Jim Koewler joins Suzanne to showcase red flags to watch out for. They apply to nursing home, assisted living, and memory care admissions. First off, this agreement must document what services are available that meet your loved one's needs, and they must disclose limitations on service. Watch on YouTube to see slides from Jim's presentation. Learn more about Jim Koewler at his website. Lead image © Can Stock Photo / daisydaisy

Elder law attorney Jim Koewler joins Suzanne to talk about presumptive qualifications for VA Compensation, particularly service during Vietnam, in which veterans are presumed to have been exposed to Agent Orange if certain disabilities have occurred. At the 6 minute point, Jim talks about services administered through the health side of the Department of Veterans Affairs, the same group that runs the VA hospital. Available services include geriatric evaluation, adult day health care, respite care, and skilled home health care. There are also a number of services available, tied to being in a particular residence. They help support assisted living, residence at adult family homes, and others. To qualify, you have to qualify for VA Compensation or VA Pension, have to have income low enough to qualify, and if you don't qualify for some other government benefits. You can see slides from this presentation on the YouTube video of this podcast. Learn more at http://www.protectingseniors.com or email Jim at jkoewler-afe@protectingseniors.com.

When qualifications are met, the Department of Veterans Affairs rates the level of disability, from 0 to 100 in increments of 10. The money received is based on that level. Elder law attorney Jim Koewler joins Suzanne to talk about the money paid out for VA Compensation. A single, 100% disabled veteran would qualify for $3,332.06/month in 2022, whereas for a married veteran the level is $3,517.84/month. A person's rating level can be appealed, and the money is adjusted for cost of living each December. On top of Compensation, a special monthly compensation can also be paid, and the money varies. As of 2022, based on the level of difficulty, Compensation rates for surviving spouses is a maximum of $1,437.66/month. An additional $305.28/month is available if the veteran was totally disabled due to a service-related ailment for eight years. They qualify for an additional $306/month for two years after the veteran's death if they have minor children, plus $356.16/month additional per minor child. If the spouse qualifies for Aid & Attendance, they qualify for an additional $356.16/month or $166.85/month if the spouse is housebound. You can see slides from this presentation on the YouTube video of this podcast. Learn more at http://www.protectingseniors.com or email Jim at jkoewler-afe@protectingseniors.com.

Elder law attorney Jim Koewler joins Suzanne to talk about qualifying for the federal program known as VA Compensation. There is also a Compensation program for surviving family members left behind when a veteran has died during their active service time or training in the military. There is no requirement for having to serve during wartime. There is special monthly compensation for a veteran or a surviving spouse, child, or parent who has certain disabilities or needs help with at least two activities of daily living: eating, walking, bathing, getting in and out of a bed/chair, cleaning up after going to the bathroom, grooming, dressing. When qualifications are met, the Department of Veterans Affairs rates the level of disability, from 0 to 100 in increments of 10, which is up to the case manager. If the rating is 0, it was still established to be related to a service-related injury, and if the disability worsens later in life, you just have to demonstrate that it's worse, and the level could be raised. You can see slides from this presentation on the YouTube video of this podcast. Learn more at http://www.protectingseniors.com or email Jim at jkoewler-afe@protectingseniors.com.

If someone in active military service is injured or becomes ill, or has some prior injury or illness exacerbated by their service, and later in life it results in a disability, then they're entitled to compensation. Elder law attorney Jim Koewler joins Suzanne to talk about the benefits of this federal program run by the Department of Veterans Affairs. Compensation is available to certain veterans and certain surviving veteran family members. VA has a program Congress called Pension, in which a veteran or spouse qualifies, for serving in the military during a time of war, and who now need more health services than they can afford, if you qualify for Pension and you also need help with Activities of Daily Living, they can get Aid & Attendance on top of Pension. If you get Compensation, and also need help with Activities of Daily Living, you can also get Aid & Attendance on top of Compensation. This is a disability program, not limited to people who served during a time of war the way that VA Pension is. Medical and personnel records are very important to show the disability occurring now is connected to something that goes back to their time in the military. Before going into further details, Jim revisits some items he discussed about Pension in earlier podcasts, in particular accreditation and discharge papers. You'll want to request a copy of the discharge papers that the VA will see. For people have a dishonorable discharge, they may be able to get it changed. You can see slides from this presentation on the YouTube video. Learn more at http://www.protectingseniors.com or email Jim at jkoewler-afe@protectingseniors.com.

If you're applying for Medicaid, what happens if they say you have "too much income?" Elder Law Attorney Jim Koewler joins Suzanne to discuss this interesting scenario. You would need to seek a lawyer, set up a qualified income trust, called a "Miller trust," and then you have to use that trust every month, in order to even qualify for Medicaid. Income is a monthly event, so watch your state's rules, which can be very complicated. Learn more at http://www.protectingseniors.com or email Jim at jkoewler-afe@protectingseniors.com. Lead image: courtesy of Pexels/Rodnae Productions

If you are a married couple, what happens to your income as a Medicaid applicant? Elder Law Attorney Jim Koewler joins Suzanne to answer this question. They must be married; some states recognize common law marriage, others not. The income of the well spouse does not get to be used under Medicaid rules to pay the expenses of the ill spouse. That doesn't mean that a nursing home might not try. If the ill spouse has more income than the well spouse, things get complicated — the ill spouse may have to share some of their income to the well spouse to use. If the well spouse's housing costs are greater than "average," they may get to have more of the ill spouse's income. Learn more at http://www.protectingseniors.com or email Jim at jkoewler-afe@protectingseniors.com. Lead image: courtesy of Pexels/Marcus Aurelius

If you are a single Medicaid applicant, what happens to your income? Almost every dollar is accounted for in the Medicaid rules. Elder Law Attorney Jim Koewler joins Suzanne to talk about where can you expect that money to go.  Talking in generalities, regarding income for a single person, a person's income is used first, before Medicaid dollars. There are three places where money is usually going to go: 1) your personal needs allowance (spending money); 2) rent if you're in an assisted living community; and 3) health insurance premiums. Whatever's left goes to pay the costs of care so Medicaid doesn't have to. Learn more at http://www.protectingseniors.com or email Jim at jkoewler-afe@protectingseniors.com.

Elder Law Attorney Jim Koewler joins Suzanne to talk about how Medicaid and other long-term care situations handle retirees who continue to receive income the rest of their lives. Income payments can come from Social Security retirement benefits, disability benefits, pension payments, VA pension payments, annuity payments, or income from rental properties. Learn more at http://www.protectingseniors.com or email Jim at jkoewler-afe@protectingseniors.com.

Kelley Smith at CarePartners Senior Living joins Suzanne to talk more about the Bill of Rights of senior living. After reviewing the first 16 rights, they talk about the final four of the 20 rights. 17. To be free of retaliation after they have exercised their rights provided by law or rule. 18. To have a safe and home-like environment. 19. To be free of discrimination in regards to race, color, national origin, gender, sexual orientation, or religion. 20. To receive proper notification if requested to move out of the facility or community, and be required to move out only for reasons stated in the 50-state assisted living facilities law. Learn more about CarePartners at their website.

Suzanne talks more about the 20 Bill of Rights for senior living residents with Kelley Smith at CarePartners Senior Living, a code of conduct that all senior living communities have to follow by law. Residents have a right to their money, to be involved and have access to what's theirs. If they think their care plan isn't being followed, or a caregiver is being rude, they have a right to speak their mind without fearing repercussions. 12. To manage personal/financial affairs unless legally restricted. 13. To have access to, and participate in, social activities. 14. To be encouraged and assisted in exercising your rights as a citizen. 15. To be free of any written contract or agreement language with the facility or community that purports to waive their rights or the facility's liability for negligence. 16. To voice grievances and suggest changes in policies and services to either staff or outside representatives without fear of retaliation. Learn more about CarePartners at their website.

Kelley Smith at CarePartners Senior Living joins Suzanne to talk about the Bill of Rights for senior living residents. The Bill of Rights has 20 items, spelling out basic rights to be yourself, to not restrain you, to feel safe in your home, and to not feel like they are being taken advantage of financially. As a matter of privacy, some communities do not dispense medications in the dining room. In this segment, Suzanne and Kelley discuss items 6-11. 6. To be free from neglect, financial exploitation, and verbal/mental/physical/sexual abuse. 7. To receive services in a manner that protects privacy and dignity. 8. To have prompt access to review all of their records and be given photocopies. Photocopies must be promptly provided but in no case require more than two business days, excluding the weekend and holidays. 9. To have medical and other records kept confidential except as otherwise provided by law. 10. To associate and communicate privately with any individual of choice, to send and receive personal mail unopened, and to have reasonable access to the private use of a telephone. 11. To be free from physical restraints and inappropriate use of psychoactive medications. Learn more about CarePartners at their website.

Suzanne joins Kelley Smith at CarePartners Senior Living to learn about the 20 Bill of Rights for Senior Residents. One reason people are hesitant to move into assisted living is a fear of losing autonomy — they believe someone's going to tell them when to get up, when to go to bed, when to eat dinner — and who wants to live like that? Every community with senior living type of license has a resident Bill of Rights. In this segment, Suzanne and Kelley discuss the first five rights: To be treated with dignity and respect. To be given informed choices and opportunities to select or refuse service and accept responsibility for the consequences. To participate in their initial care service plan and any revisions or updates at the time changes occur. To receive information about the method for evaluating their service needs and assessing the costs for their services provided. To exercise their individual rights that do not infringe upon others or the rights or safety of others. Learn more about CarePartners at their website.

When talking to an elder law attorney, what questions should you ask about spend downs, and what questions you should be prepared to answer? If you have the power of attorney for a senior loved one, how do you start the conversation with the family about their assets, and how do you best navigate this with them? Elder law attorney Jim Koewler joins Suzanne Newman to answer these questions. Many people have false assumptions about Medicaid. The biggest question is how much care is needed. Most people don't think they want assisted living, but also don't realize the family burdens this creates to provide them with 24/7 care forever. This is an unrealistic expectation, because the quantity of care eventually exceeds caregiver ability, and the person receiving care then struggles when they aren't getting the support they need. Start the conversation with, "I want to try to keep you home, but what happens when I don't think I can any more?" That is a difficult question to ask, but it has to be asked. What next? Unless the caregiver is an RN with long-term care experience, explain that you're not an expert with the type of care they may eventually need, so seek out a geriatric care manager. Go to https://www.aginglifecare.org and search for one near you. Tell your family that you need to gain some expertise on what your loved one is likely to need down the road. Make a care plan with professional input. Find out what's expected of you: what kind of care your loved one wants. Make sure you have power of attorney, so medical personnel can talk to you about their care. Your caregiver should have general power of attorney for you — if they're caring for you, empower them to pay for your care. Even if care isn't needed yet, notification of power of attorney should be given to banks and investment houses so legal departments have time to look over the legal documents. Don't put this off until an emergency arises, as you don't have to have to wait for legal reviews in order to get funds. For spend downs, you have to ask about, and know about your loved one's assets. Jim Koewler addresses later-life financial and legal issues. Talk to an elder law attorney to guide you in your state with your situation. Learn more at Answers for Elders or at Jim's website.

How do you take care of your spouse if you need long term care now? What can you do with your money if your spouse is still at home? Elder law attorney Jim Koewler joins Suzanne Newman to answer these questions, by spending down your money to access Medicaid and VA benefits. In the previous two segments, Jim talked about financial eligibility for married couples for VA pension benefits and Medicaid, and some of the ways to make eligibility to "spend down" when you're single or married. Part 3 focuses on some specific things you can do when you're married, you need long term care now, and your spouse is relatively healthy by comparison. What can you do to spend down? Depending on whether it's VA benefits or Medicaid, your assets also include real estate, rental property, stocks, and bonds. IRAs are extremely complicated and in flux. As far as initial eligibility goes, you can keep your house. With Medicaid, one vehicle is exempt, even a mobile home, even if you can't drive. Household goods like a fridge don't count, but if your decorations include a Picasso or bars of gold, those would count. Cash-value annuities and cash-value life insurance policies count toward your assets — If you can sell it to pay for your care, it counts. Listen to hear specific details. If a spouse is still living at home, first make quality-of-life purchases (extra dentures, lift chair, extra eyeglasses) and pre-pay funerals for you and your spouse. Then, if the house needs a new roof or the spouse wants a new living room, or bathroom remodel, as long as the purchase is for equivalent levels of value, it's allowed. An aging-in-place remodel is appropriate even if you're not living in the house, as it can help the spouse stay in the house longer. Depending on your state of residence, you may be able to sell assets for cash and purchase an annuity that pays to the healthy spouse. Specifically you would want a Medicaid-compliant annuity with equal monthly payments for a fixed term. This would count as spousal income, and such income isn't considered part of the assets needed to pay down. Jim Koewler addresses later-life financial and legal issues. Talk to an elder law attorney to guide you in your state with your situation. Learn more at Answers for Elders or at Jim's website.

What is a Medicaid spend down? Elder law attorney Jim Koewler joins Suzanne Newman to answer this question, and shows how it differs if you're single or married. In the previous segment, we talked about what to do if you're married and you or a senior loved one needs care now — a crisis situation — and have some money available. With a single person, if they want VA coverage, they have the same asset limits of $130K. If they want Medicaid long-term care coverage, they need to reduce assets to $2K, or their state's level, which is very different from the VA level. How you do that is through a spend down. A spend down is spending the excess money above your limit on anything that gives you roughly equal value. If you want to hide your assets, for example by buying your son's junk car for $25,000, that is not considered a legitimate expense. Buying hearing aids, extra eyeglasses, dentures, those purchases are OK. Buying ten $1,000 TVs is acceptable as long as you don't give them away. Pre-paying your funeral and your spouse's funeral (you can't over-pay), funeral services, is a great way to use extra money. You may be required to private pay your care until spend down is finished, in some places, but check those details with a lawyer. Acceptability of donations varies by state, and sometimes even by case worker. Most cases involving church donations have been allowed, but donations have to follow your previous pattern of donation. Jim Koewler addresses later-life financial and legal issues. Talk to an elder law attorney to guide you in your state with your situation. Learn more at Answers for Elders or at Jim's website.

What do you do when you or a senior loved one needs care now — a crisis situation — and they have some money available? Elder law attorney Jim Koewler joins Suzanne Newman to answer this question.  In this situation, one option is to choose to private pay for the care. This segment focuses on financial eligibility for married couples to receive VA pension benefits and Medicaid. More providers don't want to participate in Medicaid's reimbursement because it doesn't pay as much as private pay, though this could change in the face of COVID. If you're married, to get Medicaid you have to spend your assets down below $2,000 (Federal and Ohio levels; amounts vary by state). If you have more than $260K, the healthy spouse would be able to keep about $130K. The rest of it is attributed to the one who needs care and must be spent down. The VA has roughly similar levels whether you're single or married, but there is no 50/50 split between spouses. VA penalizes money given away in the last 3 years; Medicaid for the last 5 years. There are differing effects on property ownership, depending on your state.  What you can do with your wealth differs with VA pension benefits and Medicaid, but you can still spend. Spending is OK — you can't give away without the potential penalties, and the penalties are treated differently in the two programs as well. If you want to spend on things that make sense, for instance on a lift chair, or comfortable clothes that are easy to take on and off, or hearing aids, dentures, glasses, or four cruises around the world, that's OK. Jim Koewler addresses later-life financial and legal issues. Talk to an elder law attorney to guide you in your state with your situation. Learn more at Answers for Elders or at Jim's website.

Elder law and special needs attorney Jim Koewler talks with Suzanne Newman about veterans benefits, claims, and appeals under the current rules. If your loved ones have spent any time in the military, they may qualify for benefits you might not be aware with. This segment covers: Eligibility Update for VA Pension (a.k.a. Aid and Attendance) Financial eligibility, as of 12/1/2021 Assets less than $138,489, including one year's income$30,000 seems to get quicker reviewHome property above 2 acres counts Income below or close to medical expense Prior transfers "Prior Transfers" affect only VA Pension Three year look back for assets given away Only penalizes giveaways that made applicant financially eligible Penalty can be up to five years of ineligibility VA will not pay for one month for every $2,421.25 given away, as of 12/1/2021 Tricky issues Providing for spouses expenses at home Deciding whether to give away assets Getting income within the target amount Not screwing up the possibility of getting Medicaid in the future Listen or watch on YouTube if you want to follow along with the presentation. Contact Jim Koewler at The Koewler Law Firm in Richfield, OH by calling 330-659-3579 or emailing jkoewler-afe@protectingseniors.com. His website is https://www.protectingseniors.com.

Elder law and special needs attorney Jim Koewler talks with Suzanne Newman about veterans benefits, claims, and appeals under the current rules. If your loved ones have spent any time in the military, they may qualify for benefits you might not be aware with. This segment continues the conversation from part 3 on who is eligible for veterans benefits and covers: Eligibility Update for VA Pension (a.k.a. Aid and Attendance) Aged 65 or older or 100% disabled Health care expenses use up most or all household incomePeriodic, predictable health care expenses ClassificationsAid & Attendance - Need help with some Activities of Daily Living, or need a Protective EnvironmentHousebound - Can't easily get out on your ownPension - Expected medical expenses use up most or all income Monthly benefits for VA Pension (a.k.a. Aid and Attendance), as of 12/1/2021 Aid & Attendance Housebound Pension Listen or watch on YouTube if you want to follow along with the presentation. Contact Jim Koewler at The Koewler Law Firm in Richfield, OH by calling 330-659-3579 or emailing jkoewler-afe@protectingseniors.com. His website is https://www.protectingseniors.com.

Elder law and special needs attorney Jim Koewler talks with Suzanne Newman about veterans benefits, claims, and appeals under the current rules. If your loved ones have spent any time in the military, they may qualify for benefits you might not be aware with. This segment begins a conversation on who is eligible for veterans benefits and covers: Eligibility Update for VA Pension (a.k.a. Aid and Attendance) Qualifying branches Length of service Designated periods of war Listen or watch on YouTube if you want to follow along with the presentation. Contact Jim Koewler at The Koewler Law Firm in Richfield, OH by calling 330-659-3579 or emailing jkoewler-afe@protectingseniors.com. His website is https://www.protectingseniors.com.

Elder law and special needs attorney Jim Koewler talks with Suzanne Newman about veterans benefits, claims, and appeals under the current rules. If your loved ones have spent any time in the military, they may qualify for benefits you might not be aware with. This segment provides an overview of three basic veterans benefits: VA Pension (a.k.a. Aid and Attendance) To help aged or disabled "wartime" veterans or their surviving spouses pay for high medical costs  VA Compensation (a.k.a. VA Disability) For veterans with disabilities that are the result of a disease or injury incurred or aggravated during active service  Dependent and indemnity compensation For surviving spouses, children, or parents IF veteran's death was connected to service, or if veteran died during active duty or training Special monthly compensationFor veteran who needs help from another person with Activities of Daily Living, or has certain disabilities (e.g., loss of limb)For surviving spouse, child, or parent who needs help from another person with ADLs  VA Long-Term Care in VA Health Program Geriatric Evaluation Adult Day Health Care Respite Care Skilled Home Health Care Residential services  Listen or watch on YouTube if you want to follow along with the presentation. Contact Jim Koewler at The Koewler Law Firm in Richfield, OH by calling 330-659-3579 or emailing jkoewler-afe@protectingseniors.com. His website is https://www.protectingseniors.com.

Elder law and special needs attorney Jim Koewler talks with Suzanne Newman about veterans benefits, claims, and appeals under the current rules. If your loved ones have spent any time in the military, they may qualify for benefits you might not be aware with. This segment covers: * Accreditation* Discharge papers** DOD (not VA) Form SF180 Listen or watch on YouTube if you want to follow along with the presentation. Contact Jim Koewler at The Koewler Law Firm in Richfield, OH by calling 330-659-3579 or emailing jkoewler-afe@protectingseniors.com. His website is https://www.protectingseniors.com.

In this hour, Elder Law and special needs attorney Jim Koewler talks with Suzanne Newman about how to appoint people to represent you in situations where you're unable to act for yourself – a who's who of people who should be involved in your estate plan. This segment focuses on trusts. Revocable Trust Initial Trustee: Grantors (the people setting up the trust in the first place) Successor Trustee (After initial trustees both deceased or physically/mentally unable to continue as trustee): Person who gets stuff done, meets deadlines, and doesn't buckle under pressure from other heirs. Irrevocable Third-Party trust for disabled person Grantors are initial trustees Successor Trustee First Approach - Trustee: Person who will look out for disabled beneficiary but will not cave in to unreasonable demands for money from trust and will not resent having to deal with beneficiary Second strategy:Trustee: Bank or trust company or trusted family memberDistribution Committee (to make decisions on when to pay out for benefit of beneficiary, taking pressure off the trustee):- Special needs attorney- Social worker- Family member(s) (maybe) HIPAA Release (Gives access to health information. Doesn't grant decision-making authority. Include everyone who is named in Health Care Power of Attorney Include any other family members or friends who are likely to help look after you if you need care (long-term or otherwise) Include elder law attorney and, if attorney has one, attorney's care coordinator You can listen to the podcast or watch it on YouTube. Learn more at protectingseniors.com.

In this hour, Elder Law and special needs attorney Jim Koewler talks with Suzanne Newman about how to appoint people to represent you in situations where you're unable to act for yourself – a who's who of people who should be involved in your estate plan. We've been talking about powers of attorney and living wills. This segment focuses on after you pass away. You can choose between a will-based estate plan or a trust-based estate plan. Even if you do a trust, make a will, which will catch anything forgotten in the trust. In the will, you name an executor, who is in charge of handling the will (or lack of a will) in probate court. The executor would be the most business-focused person we talk about in this hour. The job of the will is to handle your affairs and close up shop, and your stuff goes where you want it to go, strictly a business transaction. But the executor has to take it through the probate court process. Will Executor: Spouse first Backup Executor (if spouse not able): Person who gets stuff done, meets deadlines, and doesn't buckle under pressure from other heirs You can listen to the podcast or watch it on YouTube. Learn more at protectingseniors.com.

In this hour, Elder Law and special needs attorney Jim Koewler talks with Suzanne Newman about how to appoint people to represent you in situations where you're unable to act for yourself – a who's who of people who should be involved in your estate plan. This segment focuses on living wills. One person does the job – pick one person. A power of attorney document should be written as though it's needed when you need long-term care, because it's mostly used for that. Name your agent with long-term care in mind. Pick them for that reason – don't name your son as general power of attorney because he handles money better and name your daughter as your health care agent; if the daughter reaches the end of her rope, the son might not agree to pay for help, and he would control the checkbook. Living Wills may be different in every state; this covers when you've suffered a brain death and you can tell the family whether to keep the respirator running. Keep your chosen people the same order for both the powers of attorney and the living will. That way you don't have the person listed first on the health care power of attorney having to fight with the person listed first on the living will. Keep them all the same to avoid conflict at a time when conflict slows down your medical care. Living Wills Person to receive phone call (that Principal seems to have suffered traumatic brain damage): Probably spouse First alternate person to receive phone call: person most likely to take in Principal (person signing the Living Will) if Principal needs long-term care Second successor agent: Person second-most likely to take inPrincipal if Principal needs long-term care Others: The person listed on Living Will to receive the phone call doesn't have any "power," but many families don't know that. So, to avoid "power struggles" among family members, it is prudent to list the same people in the Living Will as are named in the Powers of Attorney  You can listen to the podcast or watch it on YouTube. Learn more at protectingseniors.com.

In this hour, Elder Law and special needs attorney Jim Koewler talks with Suzanne Newman about how to appoint people to represent you in situations where you're unable to act for yourself – a who's who of people who should be involved in your estate plan. In this segment, Jim focuses on the people you select to have power of attorney and those involved with your living will – and to guide your selections, the personality traits they should have. Powers of Attorney (General and Health Care) Agent: Probably spouse (unless spouse cracks under pressure of making decisions for others) First successor agent: Person most likely to take in Principal (person signing the POA) if Principal needs long-term care Second successor agent: Person second-most likely to take in Principal if Principal needs long-term care Others: We suggest naming the same agents and successor agents in both the General and Health Care Powers of Attorney so that, should you ever need long-term care, the person providing care also has the ability to hire help and to pay for it.  You can listen to the podcast or watch it on YouTube. Learn more at protectingseniors.com.

There are 150 million caregivers in the United States. In this segment, Elder Law and special needs attorney Jim Koewler recommends some nationwide resources for senior caregivers: Hiring Geriatric care managers Elder law care attorneys: National Academy of Elder Law Care Attorneys Elder law attorneys who work with care coordinators: Life Care Planning Law Firms Association Nationwide web resources Elder Care decision guides at Answers For Elders Genworth care scout Benjamin Rose Institute on Aging: 216. 273.1797 Alzheimer's Association Pro Seniors Learn more at The Koewler Law Firm website: protectingseniors.com. Search for a comparable elder law attorney in your state at naela.org.

This hour, elder law attorney Jim Koewler at the Koewler Law Firm provides us with a guide to help people who are worried about long term care costs in the future. There are three basic strategies: do nothing, buy insurance, or give away assets. In this segment, Jim goes in further detail about buying insurance. There are two approaches: the "traditional" long term care insurance, and having long term care insurance tied to an asset investment. A PowerPoint presentation accompanies this segment — watch this segment on YouTube’s Answers For Elders channel.

This hour, elder law attorney Jim Koewler at the Koewler Law Firm provides us with a guide to help people who are worried about long term care costs in the future. There are three basic strategies: do nothing, buy insurance, or give away assets. When giving away assets, there are two approaches: direct gifts, and an irrevocable trust. This segment focuses on direct gifts. A PowerPoint presentation accompanies this segment — watch this segment on YouTube’s Answers For Elders channel.

This hour, elder law attorney Jim Koewler at the Koewler Law Firm looks at the criteria used to compare planning strategies. There are three basic strategies: do nothing, buy insurance, or give away assets. The criteria Jim uses compare those methods are: the cost to implement the strategy, the risk to your money, how convenient is it to carry out the strategy, how much control does it give you over money, and the likelihood that it will protect your assets. A PowerPoint presentation accompanies this segment — watch this segment on YouTube’s Answers For Elders channel.

This hour, elder law attorney Jim Koewler at the Koewler Law Firm provides us with a guide to help those who are worried about long term care costs in the future. He talks about how older senior loved ones can protect their life savings and plan for the costs of long term care. Goals are to avoid becoming a burden to our children, leaving a financial legacy, military benefits, earning a feeling of accomplishment and preserving your identity. A PowerPoint presentation accompanies this segment — watch this segment on YouTube’s Answers For Elders channel.

Elder Law and special needs attorney Jim Koewler talks about long term care insurance. Insurance takes the burden from you. You want to look at a stable company and stick with it for life. These are companies you don't see in the news, don't take risks, and have a history. One that underwrites on a long-term care model is best, rather than a disability model.

Elder Law and special needs attorney Jim Koewler talks about planning ahead — what do people need to plan for? When you can't take care of yourself, and you have trouble with activities of daily living — being able to get out of bed or a chair, bathing, eating, toileting, or dressing on your own — you're either injured (temporary) or facing a permanent change. How do you plan ahead for that financially? You can 1) do nothing, 2) buy insurance, or 3) give money away now while you're healthy, and rely on Medicaid later on. If you pick 3, work with a long-term care attorney to find a balance of what you need to care for yourself vs. what you're able to live without. Jim addresses all three choices.

Elder Law and special needs attorney Jim Koewler talks about options if a senior doesn't have enough income to afford Medicare supplemental insurance. If you want to have more than bare Medicare, look for a Medicare Advantage program that does the most for you. Specifically ask for plans that are generous on rehab, because rehab is expensive. Good rehab means a better life after rehab is done. Companies that give you money back, or charge less, means they have less money to cover you with.

Suzanne speaks with Phillip George, an elder law and estate planning attorney from Safe Harbor Legal Solutions at 360-746-7169. This segment addresses things you may be doing that may be a recipe for disaster down the road. A lot of people may think their retirement is set up well by their regular attorney, but regular attorneys aren't familiar with the details of estate plans – this requires an elder law and estate planning attorney. Most plans fail, when judged by their goals, because people don't approach the plans the right way. If you have a stroke, and then rehab while your family is looking for a long-term care facility for, that's when things become a nightmare and this is where normal planning falls off the rails.

Suzanne speaks with Phillip George, an elder law and estate planning attorney from Safe Harbor Legal Solutions at 360-746-7169. This segment focuses on setting goals for retirement planning, and more specifically what those goals should be. The idea is to set up plans to avoid crises in the future. You want to set a direction, know what you're driving towards, and helps people articulate their needs.

Suzanne speaks with Phillip George, an elder law and estate planning attorney from Safe Harbor Legal Solutions at 360-746-7169. As we get close to 2022, it's time to talk about some key issues. No matter if you're 45 or 95, one of the most daunting issues is starting retirement planning. This segment focuses on why it's important to star retirement planning and to set goals. An elder law attorney specializes in helping people create plans as well as helping people if a crisis has struck. Planning ahead of time makes everything so much easier, both for you and your family — so do it for your family.

In this hour, Elder Law and special needs attorney Jim Koewler talks about Medicaid, specifically in the long-term-care process as we're aging. This segment focuses on more of the criteria that would allow someone to participate in Medicaid, in particular the ideas of resources and spend-down.

In this hour, Elder Law and special needs attorney Jim Koewler talks about Medicaid, specifically in the long-term-care process as we're aging. This segment focuses on more of the criteria that would allow someone to participate in Medicaid, in particular the ideas of resources and spend-down.

In this hour, Elder Law and long-term-care planning attorney Jim Koewler talks about Medicaid, specifically in the long-term-care process as we're aging. Medicaid is the single biggest payer toward long-term care in the United States. Medicaid for long-term care is different than Medicaid under Obama-care, different than Medicaid for people with disabilities. In this segment, Jim talks about what it is, as well as some of the criteria that would allow someone to participate in Medicaid, covering some of the differences in different states.

In this hour, Elder Law and special needs attorney Jim Koewler answers questions about the daunting world of Medicare. This segment focuses on Part D, the prescription drug coverage.

In this hour, Elder Law and special needs attorney Jim Koewler answers questions about the daunting world of Medicare. Medicare pays 80% of covered costs, and this segment focuses on how you choose to pay for the remaining 20%, clarifying the differences between Medicare Advantage and the supplement program.

In this hour, Elder Law and special needs attorney Jim Koewler answers questions about the daunting world of Medicare. This segment focuses on the differences between the various parts - A, B, C, and D, the big four parts of Medicare. Part A is free if you paid into it while working, and covers 80% of hospitalization costs with a 0 premium. Part B covers non-admission-related hospital costs such as visits by doctors and specialists, paid for with a deduction from social security payments. Part C are advantage plans, which if you elect one would replace your Part A and B options and includes Part D features, covering a lot but not necessarily covering it well. Part D is prescription drug coverage.

In this hour, Elder Law and special needs attorney Jim Koewler answers questions about the daunting world of Medicare. This segment provides an overview of Medicare, the Federally-funded health insurance for people 65 or over. If you're approaching your 65th birthday, start thinking about this: you can sign up three months prior to and up to three months after your birthday. Don't miss that magic window, at it results in getting an annual late-fee penalty, and you might not be able to get the health insurance that you want to go with your Medicare. Medicare covers 80% of covered health costs; vision and dental aren't covered unless they're considered medical treatments.

What is the job description of a family caregiver? In this segment, Daphne Davis at Pinnacle Senior Placements focuses on the legal side of family caregiving and what Daphne sees when they're dealing with legal aspects.

Elder Law Attorney Jim Koewler talks about advanced directives, crucial for family caregivers.