Posted by Law Office of Christina Lesher, P.C. on Tuesday, August 11, 2020
August 11, 2020
Host: Christina Lesher – Attorney
Guest: Robert Pierce – Care Manager
No attorney/client relationship is established until there is a signed contract and fee paid.
Questions submitted & our response
What age should you start doing Estate Planning? If your over 18 you need a Power of Attorney. If your children are over 18, they need a financial and medical power of attorney. You are no longer their natural guardian.
Covid safety precaution tips from a Care Manager for people caring for someone at home: Delivery, Curbside pickup, wear a mask, gloves, safety googles, hand washing often.
Are there placement options during this Covid-19 pandemic for those that can no longer care for their loved one at home? Skilled nursing, assisted living, independent living. Remember that visitations are limited during Covid-19. Think about providing your loved one with easy devices to communicate with you. For example, an iPad for video calls, or a watch that could quickly answer your call.
Do I need a will if you have real property? Yes, so that you control your assets when you die and not the State of Texas. Especially if you have minor children, you are going to want to create a Trust for that child in your Will. Note that time of your death that minor cannot inherit property. Also, make sure you update your beneficiaries. Remember beneficiaries trump your Will!
How often should you look over your Estate Planning over? At least every two years or after a major life event, like a birth of a child, grandchild, a spouse diagnosed with dementia or some type of disability.
What are the major elements of estate planning? The 2 D’s = Disability & Death
Think about how you would manage your affairs with a disability? Financial Power of Attorney will take care of your financial needs and a Medical Power of Attorney will take care of your medical needs,
At death, a Will and or Trust will give your assets to the people you name and charities you name.
How does a Trust work? Takes care of the things named in the trust or titled in the name of the trust while you are sick or incapacitated and distributes those Trust assets at your death.
When is the right time to place your loved one in independent living, assisted living, or nursing home?
When you start having trouble doing activities of daily living, i.e. showering, cooking, eating, taking medications. It will be different for everyone.
Medicaid Programs Information
Medicaid is an insurance program and in Texas there are 109 different programs and they all do different things. Please note there are special rules for married couples, some programs have a waiting list.
In the future I may need to apply for Medicaid. I would like to know how and when to apply, what assets are exempt or how do I protect my assets?
Some Medicaid programs have financial and medical criteria to meet and it all depends on what program you are applying for. Medicaid will divide assets into two categories, countable and exempt. Countable has a cap and exempt asset is a home, care, sometimes IRA’s. Single person income cap: $2000 a month
*Please note Medicaid rules change.
If you do not have long-term care insurance, I suggest getting on the interest list for Star Plus Waiver Program. You can add yourself to Star Plus Waiver by calling *211.
What is the best way for a family with a disable child get started on planning?
You will need to start with the basic estate planning, Wills, Powers of Attorney, documentation to appoint guardians. A lot of times parents do not sign the children up for these programs that are available.
Programs I recommend:
Medicaid buy in for children
HIPP program: this will have your health insurance premiums reimbursed to you by Medicaid.
Comment Questions :
How are families handling legal issues during Covid-19 if they have family in assisted living or nursing homes? Are you able to see your clients? We have had issues with the home my aunt is in.
Contact the social worker, the director of the facility. Provide your loved one with something they can communicate with you. Become friends with the nurse aid and maybe see if they can help you with seeing your love one on facetime regularly, or window meetings.