In Show 18 of his monthly elder law podcast, Yale Hauptman, a practicing
elder law attorney, provides an overview of CCRCs, the pros and cons.
So often, he sees people enter into these financial arrangements without
closely examining the 40+ page contract that typically the resident
must sign. The contracts often require a large upfront financial
commitment. What will the CCRC agreement cover? What wonât
it cover? What happens if you run out of money? What if
the facility runs out of money?

If you are considering a CCRC for yourself or a loved one youâll definitely want to tune in first

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The law allows every person to distribute property according to their wishes by a written instrument known as a Last Will. However, many people never execute one and miss that opportunity, the consequences of which can be devastating to loved ones.

In Show 17 of his monthly elder law podcast, Yale Hauptman, a practicing elder law attorney, discusses what can go wrong without a will. Each state has a set of laws that predetermines how assets will pass where there is no will, known as intestacy. That may not, however, be what you want. For example, assets may be left outright to heirs who shouldn’tor can’t handle the money or may end up in the wrong people’s hands.

Yale also discusses the difficult issues involved in second marriages where each spouse has different heirs who they wish to leave their estate. Without proper planning that wonât happen. Ownership of real estate in another state can also present a problem without planning. The bottom line is that without a carefully drawn plan your intentions and desire may not be carried out.

Tune in to learn what you need to do to safeguard yourself and your loved ones.

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Mom is unable to handle her affairs and either canât or wonât accept assistance from other family members. Or maybe one child lives close by and is taking advantage of mom and other family members, who live a distance away, are frustrated in their attempts to protect mom. Is guardianship a solution?

In Show 16 of his monthly elder law podcast, Yale Hauptman, a practicing elder law
attorney discusses when a guardianship is possible and when it isn’t. Does Mom need to be declared incompetent? How does that happen and what is the standard? Yale also discuss what options are available
when a guardianship isnât possible, such as a conservatorship.

If your family is grappling with these issues or you know someone else who is, then you’llwant to tune in to learn more.

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You’ve spent down the remaining assets on Momâs care and have no more money left. You apply for Medicaid but are told, “Sorry, Mom is not eligible for another 8 months.” How could this happen? What can you do to avoid this horrific outcome?

In Show 15 of his monthly Elder Law Today Podcast, practicing elder law attorney, Yale Hauptman, explains why spending down assets may not be as simple as you think. Medicaid rules are complex and it is easy to get tripped up. Well meaning citizens can unwittingly cause themselves to lose these essential benefits by creating transfers that are subject to a Medicaid transfer penalty.

Learn the danger of paying home health aides cash and why that could result in long penalty periods. Discover why gifts made 4+ years before Medicaid is applied for can come back to haunt you. More importantly, learn how you can avoid these Medicaid traps and how to correct the mistakes youâve already made. If you wait till you apply it’s too late.

This episode is for anyone who cannot afford the cost of long term care indefinitely and may need to apply for government benefits at some time in the future.

Important information that you’ll want to listen to carefully.

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So after listening to Show 13 you’re thinking, we should have taken action immediately after Dad’s diagnosis but didn’t so now what do we do? In the 14^th installment of his audio podcast, Yale Hauptman discusses just that scenario, crisis planning.  Although the picture is more complicated all hope is not lost.  Yale discusses some of the options still available to families, but timing is a key.

Yale explains how the home as an exempt asset under Medicaid rules can be used to help the healthy spouse preserve more than the maximum otherwise allowable under Medicaid rules. That could include buying a bigger house or making improvements on a current home. Learn why a reverse mortgage now is replacing a home equity loan or line of credit as the only option in crisis planning for many families. Yale also discusses ways to pay down debt that benefits the healthy spouse and other ways to help preserve hard earned money for the community spouse, who just wonât be left with much under current Medicaid rules without creative planning.

Be sure to tune in for a concise 10 minute discussion of Medicaid crisis planning that will give you an overview of what still is possible, even if you have failed to early action, but time is running out.

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Yale runs through the
planning strategies that ought to be employed to insure the best care
possible for Dad, preferably at home rather than in a nursing home,
and also to protect Mom so that all their hard earned savings are not
spent on Dadâs long term care, leaving Mom with very little to
live on.

Yale provides an
overview of the long term care system, the benefit of setting aside
assets in trust and the various government benefits, including VA and
Medicaid, that may be able to play a role in Mom and Dadâs
journey through the long term care system. Learn why it is so
important to take these steps as soon as possible and why inaction
can be so costly.

Episode 13 is a canât
miss listen for families who are unsure what to do and where to
start.

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Generational differences and lack of communication pose some real challenges to children who are trying to help care for their parents. So many families never discuss long term care and finances until a crisis hits and that’s just too late. If you find yourself in the
situation of not knowing what plans your parents have in place, what their wishes are with respect to long term care, or where all their
important legal documents are and you have no idea how to start the conversation – this is a must listen.

As with any interpersonal relationship, communication is paramount. How we say things is as important as the content itself. Yale and his guests discuss the best way to break the ice and the dos and donâts of approaching a very difficult topic in a way that is sensitive to the fears and concerns of aging family members, intending to bring families together, instead of pulling them apart.

This 12^thshow contains valuable information that every family will find helpful in dealing with some of the most challenging issues we all face today.

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Some of these changes have already begun to occur. Yale explains how rising unemployment, the government bailout of failing financial companies and the drop in stock markets and thereby, peopleâs savings, have all combined to create a âperfect stormâ of conditions that will cause State Medicaid offices to delay and deny a greater number of Medicaid applications for long term care.

He discusses some of the scenarios in his office where this is already happening. Take the case of the daughter who took cash out for Mom over the years but didnât keep good records as to how it was spent or the son who paid for Mom and Dadâs care at home out of his own funds when they had none left and now wants to be reimbursed from the sale of their home when they enter a nursing home. In both cases Medicaid has scrutinized these transactions and delayed approval.

We are now almost 3 years removed from the last round of changes to the Medicaid laws instituted under the Deficit Reduction Act (DRA). Learn why this law will have even more impact on the ability to qualify for government benefits as we go forward.

This 11^th show is one you canât afford to miss, with information and ideas that you need to act on now to be sure to protect yourself and
your loved ones going forward. Be sure to tune in.

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Yale and Anthony discuss the basics of how this insurance coverage works. Learn about the ways to stretch the amount of insurance coverage well beyond the $100,000 limit which most people assume, erroneously, is the maximum. There are different categories of accounts, which are treated separately for insurance purposes. For example, coverage for IRA and other retirement accounts is now $250,000 per person.

In his âIn the Newsâ segment, Yale discusses a recent government inquiry into accusations that a company which owns assisted living facilities in 20 states is kicking out residents once they have run out of money and apply for Medicaid. He also discusses a recent court case which highlights the pitfalls of having a joint owner on a bank account who then applies for Medicaid. In that New Jersey case, the judge sided with the applicant but learn why the fight may not yet be over. Finally, Yale talks about a new federal law effective October 1, 2008, intended to protect Americans from abusive practices in the sale of reverse mortgages to seniors.

This 10^th show is timely and informative in light of the current turbulent economic times. Be sure to tune in.

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Visit the FDIC website for more information.

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Yale and Lauren then discuss how this same planning is just as important to elderly parents of adult disabled children. Parents must address care issues for those children after they pass away and how to fund it. Yale points out that any assets intended to fund that care must be properly set aside while the parent is healthy or risk being spent down entirely for the parentâs long term care needs, leaving
nothing for the child’s needs. Lauren offers some suggestions for parents to consider.

Yale also introduces a new “In the News” segment. He discusses a recent Pennsylvania court case that highlights the need to be specific in a power of attorney as to what gifting powers are given to an agent. He also discusses a recent Connecticut case in which a child was held responsible financially to pay momâs nursing bill when he failed to immediately provide all information and documents necessary to complete her application for Medicaid benefits. Yale also updates listeners on a bill introduced in Congress to extend the federal estate exemption amount to $3,500,000 for 2010 and beyond and highlights the continuing trend by employers to provide services to their employees who are caring for elderly parents and loved ones.

This 9^th show is packed with important information that anyone who is elderly
or caring for, or concerned about, an elderly loved one, wonât
want to miss.

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Visit Lauren’s LJS Healthcare website

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Yale first discusses the case of the granddaughter caring for her grandmother full time, with Grandmom providing the funds to support both of them. Things go wrong when Grandmomâs condition deteriorates to the point where nursing home care is necessary and the money has run out. Learn the mistakes that this family made and why it has become much harder to fix them under the new Medicaid laws.

Next, Yale discusses a call he received from a son in Mississippi who took in his parents to his own home, moving them from New Jersey. The parents transferred their home to Son, who then put it up for sale. The plan fell apart when Dad took ill and needed nursing home care much sooner than anticipated. He applied for Medicaid and was denied because of the home transfer. The Medicaid caseworker told the family they would need to transfer the home back and spend down the sale proceeds before Dad could then qualify. Learn why their course of action was the wrong one for more than one reason and what they could do fix it and immediately qualify Dad and preserve the funds for Mom.

Yale then discusses the call he received from the frantic daughter who was sued by the nursing home when, after 8 years, Mom lost her Medicaid eligibility. The nursing home sought $80,000, the private pay cost of care for Mom. Why did it happen and what do you need to do to prevent it from happening to your family? Tune in.

The final case study concerns a couple who was unprepared when suddenly Husband took ill, needing nursing home care. They were told that he would qualify for Medicaid but that some amount of money would have to be spent down first. Unfortunately, Wife did not fully understand the urgency and did not spend down to the necessary levels for 6 months. The nursing home presented them with a bill for $70,000, the private pay amount for that period of time, for which Medicaid will not cover. Yale talks about why this outcome didnât have to happen and what could have been done to avoid it.

Yale also takes time to answer some more listener emails. Learn what to do when a bank resists honoring a power of attorney that is presented to it. This 8^th installment is sure to answer many of the questions
you have about common elder law issues.

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For others, staying at home is still a viable option, but some assistance in needed. Yale sits down with Murray Goldsmith, of Spectrum Home Services, whose company, among other services, provides assistance to senior homeowners in making their home a safer place to live. Murray and Yale go from room to room as Murray explains how, in some cases, relatively small modifications can make it easier and safer for a senior to navigate through his/her home and help minimize the risk of a life changing accident.

Yale also takes time to answer listener emails on such topics as whether a power of attorney can be too old, the advantages and disadvantages of making a child a co-owner on a parentâs bank account and whether Medicaid or the nursing home can take your home away from you.  Another information packed show that you wonât want to miss.

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Elite Realtors of New Jersey 973-994-9009

Spectrum Home Services 973-251-2543

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The panel first discusses preplanning options and Greg shares his advice on long term care insurance products and services. Learn why there is no such thing as one size fits all when considering the amount of insurance coverage for long term care, what pitfalls to avoid when purchasing long term care insurance, what additional services besides nursing home care are covered and the difference between disability insurance and long term care insurance.

If you or your loved one is already in the midst of a long term care crisis, then youâll want to hear Heidi and Lisa discuss with Yale the types of services their elder care consulting firm provides. Youâll learn how elder care mediation can help families stay out of a public and expensive legal battle. Heidi explains what geriatric care managers do and how they can help families separated by long distances. Lisa shares with the audience what daily money management services are and how essential they can be for the elderly.

Yale then takes listener emailed and live call in questions as he and his guests discuss the goal that each of us wants to accomplish when we face the aging process, that is, to age in place and remain in our
homes as long as possible.

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Heidi Schnapp Lisa Bayer Life Management Resources
Life Management Resources 973-533-0839

Greg Bushwell B & W Brokerage Services
bushwellorg@yahoo.com 973-716-7594

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In the second segment Yale discusses in greater depth the Veterans Administration Aid and Attendance program, which provides wartime veterans and their spouses who qualify, as much as $1800 per month of additional income which can help pay for home based care and assisted living care. Learn the details of this little known program and whyso many people have been incorrectly told by the VA that they donât or canât qualify. Yale talks about terms such as income for Veteran Administration purposes and unreimbursed medical expenses and why they donât mean what you might think.

Listen to Yale explain the income and asset levels that must be met and how they differ from those of Medicaid. Yale cautions that in taking the steps necessary to obtain the VA benefit you must be careful not to leave yourself ineligible for other government benefit programs such as Medicaid that might be needed further down the road of what Yale refers to as the elder care journey. Yale explains how it is possible to preserve eligibility for both programs. This is definitely a program you wonât want to miss.
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Yale also reviews for listeners an unknown Veterans Administration benefit for eligible Veterans that can provide as much as $1800 per month in additional income to cover the cost of home aides and assisted living care. The Veterans Aid and Attendance program can help qualified seniors preserve their much needed assets. But Yale cautions that one must keep an eye on the next level of care so as not to jeopardize eligibility for other benefit programs down the road. This requires the coordination of a long term care plan to meet all levels of care, not just the current one.

In the second segment Yale interviews Angie Hicks of Angieâs List, a website offering reviews by consumers of local home improvement contractors. Yale and Angie talk about how Angieâs List is seeing more inquiries in recent years by children who need help finding services for their parents who live long distances away. Seeing the aging of America, Angie tells Yale that Angieâs List now offers ratings of various elder care services to assist families who are faced with the task of caring for the elderly members of the family unit from a distance.

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Visit Angie’s List

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Learn why it is a good idea to have a will and not rely on a stateâs intestacy laws to distribute your assets. Is it a good idea for a parent to transfer his/her home to the children? Yale discusses the pros and cons to consider from a Medicaid, tax and long term care perspective.

Yale answers a callerâs question on a little known Veterans Administration benefit that can provide much needed additional monthly income to be used for home care and assisted living care. These are just some of the topics covered in a very informative and enlightening evening.

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Yale also explains why long term care planning must be done well before entry to a nursing home becomes necessary. Congress passed significant changes to the Medicaid laws 2 years ago, known as the Deficit Reduction Act of 2005, changes that the average American is unaware of. Learn why even if you spend down your assets to the Medicaid levels you still may face a Medicaid transfer penalty.

In the second segment, Yale interviews Barbra London of Freedom Eldercare, a licensed home health care agency. Listen to Barbra and Yale talk about the types of services a home health care agency provides and common misconceptions people have about this important resource. They also discuss why, under the new Medicaid laws, hiring an aide directly, rather than through an agency, can trap the unwary and cause a Medicaid ineligibility period.

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To contact Barbra London  201-883-1200 or toll free  866-7 Freedom

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Yale discusses the need to have a plan in place, one that includes the necessary documents (ie. power of attorney, health care directive, will, trust) but also brings the family together to work towards a common goal of assisting the senior family member to tackle head on the legal and social issues associated with aging and navigating through the maze of laws and available government benefits.

In the second segment, Yale interviews his first guest, Matthew Glass, a certified special needs advisor.  Matthew explains how he assists young families with special needs children.  Yale and Matthew then discuss how special needs planning will increase in frequency as parents age and are faced with their own long term care needs.  Because that care is expensive, without proper planning they may be forced to spend most or all of their assets on their own care, leaving nothing for their children with special needs.  A specifically tailored plan, usually involving a special needs trust, can avoid this drastic result and provide peace of mind to families.

To listen to the show http://media.libsyn.com/media/elderlawtoday/Elder_Law_Today_Show_1.mp3

Here is how you can contact Matthew Glass

732-632-5854 or 800-333-7964 visit the The RHG Group Website

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