Elder Law Today Podcast

In show number 8 of his podcast, Elder Law Today, practicing elder law attorney, Yale Hauptman, discusses some real life case studies to illustrate how the Medicaid laws can trip people up and cause much stress and financial loss for the unprepared and unwary.

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 Grandmom's 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 didn't 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 8th installment is sure to answer many of the questions you have about common elder law issues.

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In the seventh installment of his podcast, Elder Law Today, Yale Hauptman focuses on seniors and their home.

Sometimes the senior can't stay at home any longer. Yale discusses with Dan Yanofski, the owner of Elite Realtors of New Jersey, some of the challenges he faces in helping seniors sell their homes. Dan shares his opinions on how to make a home more marketable when it is a bit outdated and the two talk about when is the best time to sell.

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 parent's bank account and whether Medicaid or the nursing home can take your home away from you. Another information packed show that you won't 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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In the sixth installment of his podcast, Elder Law Today, Yale Hauptman invites guests Heidi Rinsky Schnapp and Lisa Cook Bayer of Life Management Resources, an elder care consulting firm and Gregory W. Bushwell, of B & M Brokerage Services, a long term care insurance specialist to a roundtable discussion on long term care.

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 you'll want to hear Heidi and Lisa discuss with Yale the types of services their elder care consulting firm provides. You'll 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 ResourcesLife Management Resources 973-533-0839Greg Bushwell B & W Brokerage Services[email protected] 973-716-7594To subscribe to our podcasts click herePlease send us your feedback

In the fifth installment of his podcast, Elder Law Today, Yale Hauptman, takes Elder Law Today on the road to a Caregiving Symposium he spoke at recently. Yale interviews a geriatric care manager, a contractor who makes modifies homes for the elderly and other vendors who attended the symposium about the variety of services they provide to the elderly.

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 why so many people have been incorrectly told by the VA that they don't or can't qualify. Yale talks about terms such as income for Veteran Administration purposes and unreimbursed medical expenses and why they don't 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 won't want to miss.

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In the fourth installment of his podcast, Elder Law Today, Yale Hauptman, a practicing New Jersey elder law attorney, discusses how long term care planning actually decreases the likelihood of ever needing nursing home care. Learn how the long term care system actually works to push people towards nursing homes when they have no more money. Medicaid home based benefits often pay only a part of the cost of aides needed on a 24 hour 7 day a week basis, but will pay the entire cost of care if provided in a nursing home setting. It is, therefore, important to plan ahead to have the funds available to be able to stay at home.

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 Angie's List, a website offering reviews by consumers of local home improvement contractors. Yale and Angie talk about how Angie's 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 Angie's 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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In the third installment of his podcast, Elder Law Today, Yale Hauptman, a practicing New Jersey elder law attorney, answers listeners' questions by phone and email. Yale corrects common misconceptions people have about some of the basic legal issues facing seniors today. For example, Yale explains that making gifts up to the annual gift tax exclusion amount will carry a Medicaid transfer penalty. Yale explains what probate is and why you don't necessarily have to fear and avoid it.

Learn why it is a good idea to have a will and not rely on a state's 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 caller's 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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In the second installment of Elder Law Today Podcast, Yale Hauptman, a practicing New Jersey elder law attorney, explains the basics of the Medicaid nursing home program. Yale explains how this needs-based program works, including the asset and income tests for eligibility. Learn what countable and non-countable assets, Medicaid transfer penalty and lookback period are and why Medicare will not cover most nursing home stays.

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.

Click here to listen to the show To subscribe to our podcasts click hereTo contact Barbra London 201-883-1200 or toll free 866-7 FreedomPlease send us your feedback

Every so often, I come across a situation that illustrates so clearly the dangers of going it alone or getting bad advice when dealing with the common issues and dilemmas that are aging in America. I received a call this week from a son in Mississippi. Mom and Dad, no longer able to live at home alone, moved in with Son. They owned their home in New Jersey which they transferred to Son.

Dad's health deteriorated to the point where he needed nursing home care. The couple then spent down their assets and applied for nursing home care for Dad. Meanwhile Son placed the New Jersey home up for sale.

Much to their surprise, the family was informed that the state Medicaid office denied Dad's application. Why? Because the transfer of the home to Son caused a Medicaid ineligibility period. Dad cannot receive Medicaid for 4 and 1/2 years. In other words, Son must give the money back to Mom and Dad and they must spend it down before Dad will receive Medicaid.

Son said that he was prepared to pay for Dad's care. I advised him to seek the advice of an elder law attorney in his state familiar with the Medicaid laws there before he does that. It may make more sense for Mom to take some of the money and buy a new home which would be exempt from Medicaid. There are other strategies that may be beneficial as well and should be explored in greater detail.

The lesson to be learned is to consult with a professional before making any decisions. There is a maze of laws and services in this country that affect seniors. It is easy to get tripped up by them and the cost to your family could be enormous.

Are you a senior citizen? Or perhaps you have a parent, relative, close friend or neighbor who is one. If so, then you won’t want to miss this important and informative podcast. Learn about elder law, a relatively new area of law, that encompasses the legal issues that acutely affect seniors and their families. Yale Hauptman, an elder law attorney, discusses the various problems and issues of aging in America today and interviews guests from other elder care fields.