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The Elder Law Crash Course

Points 11 through 15

  1. Don’t lock up your money. An illiquid investment may not be a prudent choice, even if the return seems attractive. For example, many banks and financial institutions try to sell their customers annuities, which may pay a higher interest rate than savings accounts or CD’s, but which also tie up your money for several years by imposing significant penalties for early withdrawal. These penalties make it more costly to implement a Medicaid plan, since the annuity usually must be liquidated and the proceeds transferred to another person or to a trust.

  2. Think about the house. While it may be emotionally difficult to consider selling the family home, oftentimes it is a prudent choice. The home may be expensive to maintain or in need of repairs, it’s probably larger than needed now that the kids are gone, and perhaps the stairs are becoming difficult to navigate. It may make a lot of sense to sell the house, and downsize. At the same time, an Elder Law plan can be implemented to protect the proceeds of sale, and provide a more comfortable lifestyle.

  3. If you own a co-op, you’ll likely need professional help. Effective Elder Law planning often involves the transfer of assets to a protective trust. In the case of a co-op apartment, however, you cannot make a decision to act on your own, because the co-op board’s approval of any transfer of ownership will be necessary. Unless your co-op has already decided to permit ownership by trusts, you may be confronted with a negative response. An experienced Elder Law firm has dealt with this problem before, and knows how to gain approval in most situations.

  4. Think about hiring your kids. With a Caregiver Agreement, you can hire one or more of your children to provide assistance or companionship. While the idea of paying a child to care for a parent may seem repugnant at first blush, a Caregiver Agreement can provide significant advantages. A caregiver child may have to give up a job or reduce hours at work in order to care for Mom or Dad. He or she may resent siblings who are not doing “their fair share,” and the siblings may feel guilty about not helping out. These problems might be avoided if the caregiver child is receiving compensation. In addition, payment under the Caregiver Agreement may be an excellent way of reducing Mom or Dad’s assets in order to qualify for Medicaid.

  5. Long-term care insurance doesn’t solve the problem in many cases. For some, a LTCi policy makes sense, but for many it just doesn’t. Often the coverage is too low, and the benefit period too short, to pay the cost of care, and then you’re forced to deplete your assets anyway. Elder Law planning produces a better and more cost-efficient result in many cases.

Click the following links for additional points contained in the Elder Law Crash Course:

  1. Effective planning makes you eligible for benefits.
  2. Know what you can lose.
  3. Better to plan late than not at all.
  4. Begin early for the best possible outcome.
  5. Get the right lawyer.
  6. Going it alone is frequently a mistake.
  7. Medicaid and Medicare are different.
  8. Use proven asset protection strategies.
  9. A spouse can’t just say no.
  10. Be careful with your 401k or IRA.

See the above points 11 through 15

  1. Medicaid provides a lot.
  2. Proper legal documents make good results possible.
  3. Let your health care agent know precisely what you want.
  4. Be smart about assigning critical responsibilities.
  5. Guardianship proceedings are time-consuming and expensive, and can often be avoided.
  6. An estate plan may be an important part of your Elder Law plan.
  7. Title to property and beneficiary designations can be critical.
  8. Don’t try to hide things.
  9. Organization is a blessing.
  10. Make the choice that’s right for you.
  11. There are better benefits in New York.
  12. Special plans for special needs.
  13. Keep the aide you like.
  14. Good relationships help make everything work out well.
  15. You can move if you’re not happy.

Click the following links for the:

The Elder Law Crash Course Checklist or the PDF Version of the Checklist


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Copyright © Lamson & Cutner, P.C.
9 East 40th Street, New York, NY 10016
 

The Elderly, Senior Citizens, the Disabled and Infirm, their family members and friends living in all the Manhattan communities; from the Upper East Side to the West Side, from Washington Heights to Downtown, from Harlem to Midtown, from Chelsea to Chinatown, and from Greenwich Village to Soho are invited to call 1 (855) 898-1919 to discuss the strategies open to you that may protect your house or co-op. Speak to a Mid-town Manhattan Elder Law attorney at Lamson & Cutner at this critical stage in your life.

The NY Elder Law attorneys at Lamson & Cutner, P.C. encourage you to call from the New York Metropolitan Area, including the five boroughs of NYC; Brooklyn, Manhattan, Queens, Staten Island, The Bronx, White Plains and Westchester to discuss the options you may have in hiring your kids through a Caregiver's Agreement. Also you can talk to the attorneys about the pros and cons of Long Term Care Insurance.