 |
|
 |
|
 |
|
|
|
|
I never thought I would live to be 85. |
|
|
by Miles Hurley |
|
|
|
|
|
Perhaps we all dream of growing old enough to enjoy retirement and grandchildren, maybe even great-grandchildren, but none of us ever dream of growing old and frail enough to require someone else to care for us. Here’s my dream: Joanna and I just returned from attending a family celebration (maybe the birth of our first great-grandchild), I sit down on the sofa to watch a football game, and I never get back up. No pain, no loss of independence, no chronic or debilitating illnesses; just a quick, old-fashioned heart attack.
And I believe this is the plan most of our clients had in mind, too. The probable sudden loss of their parents in similar fashions may breed such thinking. In reality, the truth is today’s seniors will likely face a long life complicated by illness and frailty at higher rates than those who came before them. They will likely require the assistance of another person or community to help meet their daily needs. Unfortunately, this kind of care can be very expensive. I will tell a story to illustrate this point. |
|
|
|
|
|
|
|
|
|
...none of us ever dream of growing old and frail enough to require someone else to care for us.
|
|
|
|
|
|
|
|
|
|
|
Bill once lived a high life. He was a successful attorney with a very prestigious clientele. Late in his career, his first marriage fell apart, and he quickly was remarried to a younger woman (a woman 20 years his junior). When he retired, he and his new wife traveled the world, enjoying expensive dinners and luxurious accommodations with no consideration for their future needs. When you ask Bill now, he says, “I never thought I would live to be 85. I did not plan for this.”
Now at 85, Bill has spent the fortune he earned and is experiencing declining health and an inability to care for himself. He can no longer walk, and his wife, although only 65, cannot safely transfer him from his bed to his wheelchair multiple times a day. His 6’3” frame overpowers her smaller 5’5” frame. Bill and his wife need help. This is why they came into contact with Hurley Elder Care Law, to help them find, get and pay for the good care that Bill needs without impoverishing his wife.
In Georgia, we have limited options for paying for long-term care:
- Self-Pay
- Long-Term Care Insurance
- Veteran’s Aid and Attendance Benefits
- Medicaid
As I mentioned, Bill has already spent his savings on traveling the world. He never bought long-term care insurance, and his enrollment in law school helped him avoid military service. Thus, Bill may have to rely on Georgia’s source of last resort to pay for his long-term care needs. Relying on Medicaid to pay for his long-term care, though, will limit his choices.
|
|
|
|
|
|
|
|
|
|
Arriving into old age with no plans in place can make a difficult situation worse.
|
|
|
|
|
|
|
|
Regarding long-term care, Georgia Medicaid will pay for nursing home care and some care at home or in a personal care home, these are called Home and Community Based Waiver Programs. These waiver programs require that a person have a family caregiver or be able to stay alone for at least 16 hours a day (as most programs provide a maximum of 40 hours of care per week), or they require that the person be able to live in a personal care home. So, Bill can pursue Medicaid to get help at home, live in a nursing home, or live in a personal care home.
Considering Bill’s situation, having limited care at home would not be adequate to meet his needs since his wife is unable to care for him during the times that a caregiver is not present. Bill and his wife have explored some personal care homes and nursing homes; he is eligible to live at either one and would have a cost share, or patient liability, that would require that he spend some of his income each month on his care. How exactly does that work?
In Georgia, to qualify for Medicaid that will help pay for nursing home care or the cost of a personal care home, a person may have a gross income of up to $2,022 per month. Bill has $2,500 a month, and his wife has $400 a month in income. If Bill were not married, his cost share (also known as patient liability) would be almost his entire check. However, Georgia allows for a spousal diversion of up to $2,739 per month. This means that Bill’s wife can keep $2,339 of Bill’s income each month to add to her $400 income to have a total income of $2,739 each month.
For Medicaid eligibility, a person must also meet asset limits. The asset limits for a couple is $111,560. Bill and his wife have a net worth of $158,000 that they are quickly depleting in order to take care of Bill. They also own a house in New Jersey. Our firm recommended that Bill and his wife complete their estate planning documents (e.g., wills, trusts, power of attorneys, and advance directives) with an eye on the future and Bill’s likely continual decline. We encouraged them to handle the house before they apply for Medicaid, and then we offered to help them complete and file the Medicaid application. All of this was offered in a holistic manner, focusing on which options would best meet Bill’s needs and not impoverish his wife.
Arriving into old age with no plans in place can make a difficult situation worse. That is, dealing with frailty and the loss of independence is already tough; adding financial worries and limited choices only increases the stress and desolation. Bill and his wife could have made choices earlier in their lives to plan for their golden years, but even when the choices are limited, we were able to help them navigate their choices and at least allow Bill’s wife to have some income. If you or someone you know may be facing similar issues, please take advantage of our free phone consultation and call (404) 843-0121. |
|
|
|
|
|
Family Business
|
|
|
|
|
|
After 7 long months the cast is off. Louise is finally sporting 2 matching shoes. Hopefully after rehab she will be able to wear strappy sandals again. The Hurleys are snowboarding for spring break. The Cefalus are at the beach and the Spencers are heading to North Carolina for some family time. Dawn is healing nicely after surgery and plans to be back are her desk in April. |
|
|
|
|
|
|
|
|
|
|
 Miles Hurley
Miles Hurley is the founding partner of Hurley Elder Care Law, which was created to provide comprehensive legal solutions for families with age- related events.
|
|
|
|
|
|
Continue reading » |
|
|
|
|
 |
|
|
|
|
| Miles Hurley Presents: |
| 3/14/2011 – Speaking to Embracing Hospice Social Workers |
| 3/15/2011 – CEU at Piedmont Hospital |
| 3/22/2011 – VA Benefits In-Service at Somerby |
| 4/4/2011 – Meet with the staff at Golden Living Kennestone |
| 4/19/2011 – Speaking to the families at Atria of Buckhead |
| 4/21/2011 – Speak at the Church of the New Covenant Senior Luncheon |
| 4/28/2011 – Speaking at Jonesboro Baptist Church |
| 4/28/2011 – Speaking at Governor's Glen |
| Miles Hurley and Anne McSweeney Present: |
| 3/24/2011 – CEU - End of Life |
| 4/8/2011 – NICM/ACMA Conference |
| 5/17/2011 – Care Transitions Work Group - CEU |
| Danielle Cefalu Presents: |
| 4/29/2011 – NICM/ACMA Conference |
| Michelle Allen Presents: |
| 4/29/2011 – Family Meeting at Roswell |
|
|
|
|
|
For event details and more information, click here. |
|
|
|
|
|
