The Elder Law Crash Course

Points 16 through 20

16. Medicaid provides a lot. Few people realize the broad spectrum of programs and resources available through Medicaid. Adult day care and the Traumatic Brain Injury Program are two excellent examples of valuable support you can receive. Family members also gain enormous benefits by having some of the responsibilities of care lifted off their shoulders.


17. Proper legal documents make good results possible. Proper legal documents are often critical to an effective Elder Law plan. Many people believe they have adequate legal documents when in fact they don’t. A common example is the Power of Attorney ("POA"). Many POA’s, even though they are perfectly valid, are useless for Elder Law planning because the agent has not been given adequate powers to act. Similarly, many trusts, while perfectly valid for estate planning purposes, contain provisions that negate their usefulness for Elder Law planning. The critical importance of proper documents is another key reason you should only hire an Elder Law firm to design and implement your plan.


18. Let your health care agent know precisely what you want. A Health Care Proxy is a legal document that gives your named agent authority to make decisions regarding your medical and health care, if you lack the mental capacity to make your own decisions. Your preferences and feelings should be thoroughly discussed with your agent, so he or she will be in a position to make the decisions you would have made for yourself. Trying to write down your preferences in a Living Will can be problematical, and sometimes opens the door to family conflict.


19. Be smart about assigning critical responsibilities. You’ll need to choose agents for your POA and your Health Care Proxy, trustees for your trusts, and an executor for your Will. This is not the time to worry about who will be offended, or who will think you’re not being "fair." These are important responsibilities, and you’ll want to pick the family member or friend who has good judgment, who will act in your best interests, and who is reliable and honest.


20. Guardianship proceedings are time-consuming and expensive, and can often be avoided. If you lose mental capacity, and you haven’t executed a POA and a Health Care Proxy, a Court will have to decide who should have the important responsibilities of managing your financial affairs and making your health care decisions. Spare your family the cost and inconvenience of a guardianship proceeding. Plan in advance.

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.
11. Don’t lock up your money.
12. Think about the house.
13. If you own a co-op, you’ll likely need professional help.
14. Think about hiring your kids.
15. Long-term care insurance doesn’t solve the problem in many cases.

See the above points 16 through 20

21. An estate plan may be an important part of your Elder Law plan.
22. Title to property and beneficiary designations can be critical.
23. Don’t try to hide things.
24. Organization is a blessing.
25. Make the choice that’s right for you.
26. There are better benefits in New York.
27. Special plans for special needs.
28. Keep the aide you like.
29. Good relationships help make everything work out well.
30. 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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