If in-home care is not an option for you or your elder loved one, then you may be thinking about other kinds of long-term care and living situations. First, you should consider the level of independence you or your loved one has and the type of care needed. With this in mind, you will be able to narrow down the kinds of homes and facilities that can best suit your needs. Independent Living homes are also known as group homes, retirement communities, or residential facilities. These are small, private facilities that house roughly 20 residents or less who live in private or shared rooms. Residents receive personal care, meals, and access to staff, but nursing and medical care are not provided on-site. These facilities can house from 25 residents to over 100, and residents have their own apartments and share common areas. In addition to meals, housekeeping, laundry, 24 hour supervision, and social and recreational activities, the facilities also provide different levels of care, including aid in personal care and medication. Skilled Nursing Facilities are similar to assisted living facilities, but they generally have the most focus on medical care. They additionally provide supervision and security, as well as assistance with everyday activities and physical, occupational, or speech therapy services. CCRCs are communities that offer different levels of service or care in one spread-out location, where independent housing, assisted living, and skilled nursing are all offered. Where you live depends on the level of service you need, and various healthcare services and recreation programs are also provided.
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Virginia Lawyer’s Weekly recently named partner Jeanne Hepler as one of their Go-To Lawyers for Elder Law!
Read the full interview here.
A Special Needs Trust (SNT) protects assets for someone who is chronically ill or physically or mentally disabled so that they can remain eligible for public benefits while being able to inherit or draw income from a separate fund.
Various benefits like Supplemental Security Income, Medicare, Medicaid, or other programs provide monetary assistance for qualifying individuals who make below a certain amount. SNTs are set up so that the individual has a resource that does not belong to them, but that they can still draw from. A trust of this kind does not count as part of the individual’s assets, therefore they can qualify for financial assistance while still retaining a source of income. Generally, the funds have to be used for certain purposes, such as medical expenses, payments for caretakers, transportation costs, and other things that public benefits do not cover. Having a protected source of income in a Special Needs Trust is incredibly beneficial for someone with a disability or chronic illness, where medical and living expenses are high but disability benefits can only go so far. It is important that the SNT gets established before the beneficiary turns 65 years old. There are different kinds of SNTs that accomplish the same goals—supplying the individual with income while they remain eligible for public assistance—but in different ways. Additionally, the party who creates the SNT will designate someone to control it. That person will oversee the management of the trust and disburse the funds to the beneficiary. The disabled or chronically ill person can put their own money into a first party SNT that they can draw from later. However, first party SNTs may be subject to Medicaid repayment rules, meaning that the money is still considered the individual’s and will be used to evaluate whether they qualify for financial assistance programs. There are also third party SNTs, which are also called Supplemental Needs Trusts, which have funds that get put into the trust by someone else, such as the parents of the individual, which the disabled or chronically ill person draws from later. These funds are not subject to Medicaid repayment rules and do not effect the beneficiary’s eligibility for public benefits. An SNT can be created as part of someone’s will or as a standalone. If the SNT is created under a Last Will and Testament or a Living Will, then the beneficiary cannot withdraw funds until the testator dies. If an SNT is created on its own and not part of someone else’s will, the beneficiary does not need to wait to withdraw funds. They are also designated as revocable or irrevocable, meaning that if the beneficiary has the power to revoke the trust, the assets will be considered available for Social Security and Medicaid purposes (remember, these programs consider the individual’s finances when deciding how many benefits they can award). If the SNT is irrevocable, the beneficiary cannot dissolve the trust and the assets cannot be seized by certain programs. When setting up a Special Needs Trust or any kind of fund for yourself or a loved one, you should consult an attorney to draw up a valid legal document that will ensure that the trust has a clear directive and purpose. Seek out an attorney who has experience in trusts, estate planning, elder or disability law. Happy New Year! Whether you are celebrating with family, making goals to achieve in 2022, or planning for the future, we wish you health, wealth, and happiness!
Maybe you are planning on selling your home, or maybe you are looking to buy. In a real estate transaction, there is a buyer and a seller. There is also the buyer’s real estate agent (also called a realtor or a broker) and the seller’s real estate agent. The agents’ roles are to help the buyer and seller navigate the process of transferring real property and ensure that each individual’s interests are protected. The buyer searches for a home to purchase while their real estate agent negotiates the sale and prepares the purchase offer. The seller formally agrees to list their home for sale and authorizes their real estate agent to market the home, attract buyers, and negotiate a home sale on their behalf. Usually the buyer and seller will each have their own agent. A mortgage lender (which could be a bank or a mortgage broker) helps the buyer apply and be approved for a mortgage. A buyer will usually work with a mortgage lender before looking at any homes with a real estate agent, because the mortgage lender will give the buyer a “pre-qualification” letter that states how much money the buyer is financially qualified to borrow in order to purchase a house. This “pre-approval” can be very important in a competitive real estate market, as it can make your bid more attractive to a seller than a potential buyer without pre-approval. Once an offer is made, the buyer will usually be given the opportunity to hire a licensed home inspector who will evaluate the home and ensure that the property is up to county or state code. The home inspector will evaluate sanitary facilities, living, sleeping, cooking, and dining areas, water quality, temperature, roofing, electricity, any lead paint, ability to access the property without trespassing onto someone else’s property, ensure there is safe drinking water, make sure there are no pests, mold, or mildew, and consider any non-residential use of the property. Generally, the home inspector will assess the property to make sure the house is fit to live in safely and comfortably. The inspector then provides a written report, which can be used by the purchaser to negotiate certain repairs or upgrades as recommended in the report. Buyers will also pay for an appraiser to inspect the homes and give a Notice of Value that shows the parties how much the home will cost. The primary function of the appraisal is to satisfy the lender that the home is worth the purchase price, since the home will be collateral for the loan. A title company generally acts as the combined agent of mortgage company, buyer, seller, and other related parties, and their role is to ensure that the seller legally owns the property and can transfer the title to the new buyer. A buyer pays an initial deposit called “earnest money” to the title company to hold until the home’s closing, and the escrow officer is the person responsible for taking care of the money and having it available at closing to give the deed to the buyer. The company also issues a title insurance policy. An attorney may also be the escrow officer and replace the role of the title company instead. The closing agent is either a title company or an attorney, who collects and the purchase money and closing costs, prepares the necessary documents for closing, ensures that the documents are executed properly and recorded in the public records as necessary, and then disburses the proceeds of sale to the seller after seeing that all closing costs are paid. The closing agent will also inspect the legal title and certify to the lender and/or purchaser that they are receiving a good and sufficient legal title to the property. The different parties to the home-buying process work to accomplish a series of goals:
Clearly, selling a house is harder than it looks. That is where qualified professionals can help you navigate a complex process while keeping your best interests in mind.
The Nursing Home Improvement and Accountability Act is a bill that was introduced in August which addresses common issues that nursing home staff and residents face, especially in the wake of COVID. Nearly 1 in 3 COVID-related deaths were connected to nursing homes, and more than 184,000 nursing home and long-term care residents and staff have died from the virus. The NHIAA is designed to improve staffing issues, quality, oversight of nursing home and long-term care facilities, require an infection preventionist to be working full-time, and improve transparency for residents and their families. Keep reading to learn about what the bill intends to do for seniors and staff:
1. Resolve Staffing Issues The NHIAA will require all nursing homes to employ an “infection prevention and control specialist”—someone who controls and prevents the spread of diseases—and ensure that nurses are available 24 hours a day (currently nurses must be present only 8 hours a day). It also gives power to the Department of Health and Human Services (HHS) to study how many nurses and nursing assistants are needed in nursing homes to be able to provide quality care to residents. Then the HHS can also use that information to ensure that facilities are never understaffed. 2. Protect Seniors’ Legal Rights Many nursing homes require applicants to sign an arbitration agreement before being admitted into the facility, which requires the residents and the facilities to resolve issues together instead of suing each other in court. The bill will protect seniors so that they won’t have to choose between long-term care and their right to sue their nursing home if they suffer during their car. 3. Ensure that Nursing Homes are Financially Stable To ensure that nursing and long-term care facilities are financially secure, the bill requires that the post a bond of $500,000 to the HHS as an emergency fund. This bond ensures that there will always be money available in case of emergencies or unexpected circumstances, for example, if the facility must suddenly close or if it faces financial hardships. The HHS will also provide additional oversight to low-performing nursing homes to help improve their quality of care, infection control, and emergency preparedness. 4. Modernize the Physical Environments Facilities will receive help to upgrade their physical space for residents and staff. The NHIAA proposes to “enhance staff experience” and “promote evidence-based, patient-centered care for residents” to make nursing homes better places to live and work. There will also be a demonstration program which provides money to nursing homes so that they can invest in improving the facilities and raise workforce standards. You can read more about the Nursing Home Improvement and Accountability Act here and read it in its entirety here. If you are thinking about the future, you probably have a lot on your plate: How do I draft a will? What is a power of attorney? Why do I need to manage my assets? But, have you thought about nursing home care?
Probably not, because almost no one thinks they will have to live in a nursing home or that they will eventually need round-the-clock care. There is no debate that we all want to be independent and we all want to be able to take care of ourselves no matter what. However, despite our best efforts, it can be difficult to plan for emergency medical care or financial difficulty. What do you do when you’ve promised your loved one that you’ll never place them in a home, but you’ve realized that you don’t have the skills to take care of them like a professional? It is a difficult decision for elders and families alike, so it is rare for anyone to even acknowledge that they will have to deal with these things. Nonetheless, even though no one thinks they will even have to consider full-time care in a nursing home, but sometimes the unexpected happens and then you’re facing having to spend thousands of dollars a month while draining your savings and your children’s inheritance. These kinds of changes can be sudden, jarring, and scary. Medicaid can help cover the costs of a nursing home if you have less than $2,000 in assets, but the reality is that most people funnel their life savings into monthly nursing home care until there is nothing left, and only then can Medicaid step in to help. Medicaid Estate Planning Attorneys have the specialized knowledge and training to avoid this outcome and help protect your future. Medicaid Estate Planning can be a difficult field to navigate with complex laws and ever-changing policies, but with the help of an attorney, you do not have to make difficult decisions about long-term care by yourself. If you are already thinking about estate planning—the process of setting up legal protections for your money, assets, and property for yourself and the loved ones who will inherit from you—you also need to plan for long term care. If you are not thinking about your future, you should start planning now. Medicaid Estate Planning attorneys can help you protect your money and property for yourself, your future, and your loved ones, while simultaneously helping you qualify for Medicaid financial assistance for nursing home care whenever you may need it. August 21st was designated as Senior Citizen's Day by President Ronald Reagan in 1988. According to the U.S. Census Bureau, there were more than 54 million senior U.S. residents on July 1, 2019.
A day of celebration and recognizing the accomplishments of our more mature citizens. Take the day to show appreciation for all that they have done and have yet to do! If you are getting married, congratulations! Marriage is wonderful and can bring you a lifetime of joy and happiness!
When planning for marriage, couples often spend a tremendous amount of time preparing their wedding. Why not also spend a few hours preparing a prenuptial agreement? It could be time well spent and although it doesn’t sound romantic or fun, it can potentially save you great heartache and time in the future. Making a prenuptial agreement, which is essentially a contract between future spouses and often called a prenup, does not automatically mean you will need the prenuptial agreement. Hopefully you will not. However, if the unfortunate time arises when you need the agreement, it will be invaluable. Think of it like this: We buy car, medical, and life insurance with the hopes of never needing it, but we are grateful we have it if and when we ever do need it. A prenup has a variety of uses. Many people think these types of agreements are only for the wealthiest of individuals, but that is not the case. While a prenuptial agreement is often used to protect large business or personal assets, it can also be used to protect the future interests of any children you may have prior to your marriage. They are also used to protect you from the debt of your soon to be spouse or to outline how specific property will be divided in the event that the marriage ends. A prenup is valuable in that it decreases conflict and anxiety in the event of an impending separation or divorce. Hopefully, you will never need a prenuptial agreement, but creating and endorsing one is considered a wise move. Therefore, you want to be certain that any prenup you create is valid and enforceable. If you are interested in learning more about prenuptial agreements, contact our office and we will be happy to assist you! A traffic stop can be a terrifying experience. Thoughts and worries come fast and hard. Have you registered your car in the last two years? Is your inspection sticker out of date? Do you have your latest car insurance information? Your registration in your glove box? Your license in your wallet?
There are hundreds of rules and regulations a driver must remember concerning vehicles and traffic. Even the most law-abiding citizens have trouble keeping track. Among the most important of these are your constitutional rights. A thorough knowledge of your constitutional rights can affect potential criminal charges. Advocating for your constitutional rights doesn’t mean treating the police as an enemy. The police officers that pull you over are human beings. They often work long shifts under stressful conditions. You can certainly stand up for your constitutional rights without being rude to the officer. a jerk. Another reason to be polite and compliant with the police is that the police officers are often friendly with the prosecutor, judges, and even defense attorneys. You’re only hurting yourself by being disrespectful to the officer, because you can rest assured that the officer will report your behavior to the judge at trial. Nothing will sabotage your case faster than the judge hearing from a trusted and respected police officer that you were rude and offensive to him as he was trying to do his job. While out on the road, police officers can’t stop anyone without a reason. They need a reasonable suspicion that some crime is being committed before they can flag you down. Reasonable suspicions must be based on facts. That means an officer can’t pull you over on a hunch. A reasonable suspicion must be something the officer could put into words in front of a judge to describe why they thought some law has been broken. Police officers don’t have to have enough evidence to convict you of a crime in order to make a stop. They just need to see something that might reasonably make a person, trained as a police officer, suspicious that a crime may have been committed. A police officer might become suspicious that a person is driving while intoxicated if the car they’re steering swerves on the road. Alternatively, if a person is driving unusually slowly for the traffic conditions, such as driving 25 miles per hour in a 55 mile per hour zone on a clear road, then that could create a reasonable suspicion of driving under the influence of drugs. Most often police officers stop vehicles for breaking actual laws. If you’re doing something illegal in front of an officer, then you can be certain that creates a reasonable suspicion that you’re breaking a law, and the officer has the right to stop you. An officer doesn’t need to witness a felony or a serious crime to pull you over. A broken taillight is a perfectly valid reason for an officer to stop someone. If you don’t want to get pulled over, ensure that you’re up to date with your registration and inspection. Don’t speed. Try not to swerve as you’re driving. Don’t hang anything from your rear view mirror. Don’t drive too close to the car in front of you or drive recklessly or erratically. Surprisingly often, people are pulled over for speeding and then charged with possession of illegal drugs. Just because they were legally stopped, however, doesn’t mean their vehicle can be legally searched for drugs. In a future blog post, I’ll write about the scope of a legal stop and the constitutional protections in those situations. |
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