Page 36 - Amarillo Senior Link Magazine 2020 Spring - Online Magazine
P. 36

HONORING SENIORS






                                                                      Some Dos


                                                                      and Don’ts


                                                                      of Long Term




                                                                      Care Medicaid



                                                                       By Lee Franks





                  edicaid’s long term care    Before offering some dos and don’ts   practice in this area commonly offer
                  benefits have become        regarding nursing home Medicaid,    a free consultation of a half hour or
         Mcritical for the care of the        please note:  This article does not   more.  Even if one or more sessions
         elderly and disabled.  [Medicaid     include actionable, legal advice    with the attorney costs a few
         for the Elderly and People with      to anyone, and it establishes an    hundred dollars, keep in mind that
         Disabilities (MEPD) is administered   attorney-client relationship with no   nursing care costs $5,500 per month.
         by the Texas Health and Human        one.  As always, seek the counsel of
         Services Commission (HHSC). In       a knowledgeable attorney to see if
         this article, Medicaid specifically   any part of this article applies to you
         refers to MEPD.] In Lubbock,         or yours.                             Knowledge comes
         nursing home care runs about
         $5,500 per month.  Because the       Dos (with the advice of a             with a price, but
         Medicaid assistance is so valuable   knowledgeable attorney)
         and taxpayer funded, an applicant    Basic estate planning includes a      ignorance can
         must show specific medical need      Will, Statutory Durable Power
         and meet stringent income and        of Attorney, Medical Power of         cost far more.
         asset limits.  Those requirements    Attorney, HIPAA Release and
         have led to an abundance of rules    Authorization, and Directive
         and layers of complexity once        to Physicians and Family or
         all the statutory contingencies,     Surrogates.  Every one of these
         exceptions, and exemptions are       documents, when done with long      Life insurance causes more trouble
         factored in.  Unfortunately, few     term care in mind, has specific value   with Medicaid applications than
         care givers, social workers, medical   in a Medicaid planning context.   just about anything else, besides
         professionals, or even nursing home                                      giving money or property away
         officials know much more than        Seek the counsel of a knowledgeable   (see below), due to the cash value
         the basic rules.  But an applicant   attorney to learn about Medicaid    of a life insurance policy.  The
         may need care desperately, and       from someone who knows.             person applying for Medicaid, or
         while most people just want to       Financial planning may have a role,   that person’s agent, usually under
         help, a nefarious few will see an    but Medicaid planning presents      a deadline, has to work with the
         opportunity to take advantage;       many legal issues, and ethical rules   insurance company to obtain
         it is no wonder that rumors,         keep most attorneys from profiting   information on a policy, surrender
         misunderstandings, and outright      from the financial transactions that   a policy, or take a loan against a
         fraud dominate what people think     they may advise. Attorneys who      policy.  If the insurance company
         they know about Medicaid.                                                has received a power of attorney in


      36   Amarillo Senior Link
   31   32   33   34   35   36   37   38   39   40   41