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Moving a parent from their beloved home to assisted living is a stressful process. There’s plenty to think about when it comes to the transition and all it encompasses. But after attending the University of Kentucky’s 7th Annual Elder Law Conference, we thought it would be a great time to discuss a very important part of the planning process—elder law Here’s what you need to know so you can shape a more secure and fulfilling future for your family. 

Elder Law and Why it Matters

Elder law plays a reassuring role for seniors and their families as they navigate the complexities of aging. It is a specialized legal field which includes estate planning, Medicaid planning, guardianship, access to government programs, and more, all tailored to oversee the grace and security of the aging journey.

Without the protective guidance of elder law, seniors may find themselves vulnerable to financial insecurity, healthcare dilemmas, and the loss of autonomy over their personal and estate decisions.

Find Guidance with an Elder Law Attorney

With any legal issue, it’s easy to get lost in all the legal requirements and jargon. And with elder law, it can be hard to know what you even need to cover. An elder law attorney will guide you through the process. Here’s where their expertise really makes a difference: 

Estate Planning

Estate planning is a fundamental step in making sure a senior’s family and loved ones are taken care of when they’re gone.  According to attorney Tom Stone of Stone Legal Group, PLLC in an issue of Today’s Transitions,  “A good estate plan is a road map for how our personal possessions are given to the people or organizations we care about after we’re gone. It also provides for someone to step in our place for medical and financial matters when we can no longer do so ourselves.” At a minimum, Tom believes every adult should have three estate planning documents:

Last Will and Testament:

A document that outlines how one wishes to distribute their assets and who should become the guardian of their minor children after passing. Without it, their estate defaults to state law for distribution, and a court decides guardianship, possibly leading to unintended outcomes.

Durable Power of Attorney:

Designates a trusted individual to manage one’s financial and medical affairs should they become incapacitated in the future. This ensures matters are handled according to the individual’s wishes, providing peace of mind for the entire family.

Living Will Directive and Health Care Surrogate Designation:

Allows one to express their desires concerning life-sustaining treatment if they face terminal illness or incapacitation. It also appoints a health care surrogate to make medical decisions on their behalf so that health care preferences are respected. 

Tom also notes that if you want to avoid the probate process—a court-supervised procedure to authenticate a deceased person’s will and distribute assets—you can create a Revocable Living Trust, which keeps the estate private and free from court interference. Probate can be lengthy and costly, so bypassing it can save time and preserve more of the estate for the beneficiaries.

young female lawyer talking with senior couple

Having a living will and power of attorney in place should be a priority for seniors.

Medicaid Planning 

Medicaid provides comprehensive health coverage to millions of seniors and individuals with limited income. This program is a lifeline for those facing the high costs of essential medical care, offering benefits beyond the scope of private insurance and filling gaps left by Medicare.

For example, while Medicare primarily covers hospital care, outpatient services, and prescriptions for individuals over 65, Medicaid extends to more comprehensive services such as long-term care. This includes nursing home stays and home health care—services not typically covered by Medicare.

Eligibility Requirements

To qualify for Medicaid, applicants must meet specific income and asset thresholds, which vary by state. Eligibility criteria can include the applicant’s financial resources, age, disability status, family size, and other factors.  

Below is a reference table for seniors to determine if they immediately meet the criteria for long-term care from a Kentucky Medicaid program. The American Council On Aging, which provides this information, notes that if one does not meet all of the requirements, it does not mean they are ineligible or cannot become eligible for Medicaid in Kentucky. 

2024 Kentucky Medicaid Long-Term Care Eligibility for Seniors

Type of Medicaid

Single

Married

(both spouses applying)

Married

(one spouse applying)

Income Limit

Asset Limit

Income Limit

Asset Limit

Income Limit

Asset Limit

Institutional / Nursing Home Medicaid

$2,829/ month*

$2,000

$2,829/ month per spouse*

$4,000

$2,829/ month for applicant*

$2,000 for applicant & $154,140 for non- applicant

Medicaid Waivers / Home and Community Based Services

$2,829/ month**

$2,000

$2,829/ month per spouse**

$4,000

$2,829/ month for applicant**

$2,000 for applicant & $154,140 for non- applicant

Type of Medicaid

Institutional / Nursing Home Medicaid

Medicaid Waivers / Home and Community Based Services

Regular Medicaid / Aged Blind and Disabled

Single

Income Limit

$2,829/ month*

$2,829/ month**

$235/ month^

Single

Asset Limit

$2,000

$2,000

$2,000

Married

(both spouses applying)

Income Limit

$2,829/ month per spouse*

$2,829/ month per spouse**

$291/ month^

Married

(both spouses applying)

Asset Limit

$4,000

$4,000

$4,000

Married

(one spouse applying)

Income Limit

$2,829/ month for applicant*

$2,829/ month for applicant**

$291/ month^

Married

(one spouse applying)

Asset Limit

$2,000 for applicant & $154,140 for non- applicant

$2,000 for applicant & $154,140 for non- applicant

$4,000

Optimizing eligibility often involves legal and financial maneuvers, like setting up qualifying trusts, liquidating assets in a Medicaid-compliant manner, or converting countable assets into exempt assets. The advice of an elder law attorney will help guide your family through this process. They will explain the right actions to take to qualify for Medicaid without affecting financial stability.

 

Government Assistance Programs 

Government programs aimed at assisting seniors are designed to support the aging population in maintaining their dignity, independence, and quality of life. These programs cover a wide range of needs including healthcare, legal services, and daily living activities. An elder law attorney will help identify and navigate these programs to maximize possible benefits.  

Below are resources recommended by the Kentucky Department for Aging and Independent Living (DAIL) : 

  • Aging and Disability Resource Center (ADRC) – Offers information and assistance regarding services available for elders, helping them navigate the various programs and support systems available. 
  • Caregiver Support Services – Recognizing the role caregivers play in the lives of seniors, Caregiver Support Services provides support through education, assistance, counseling, and respite care services. 
  • Homecare Program – Ensures in-home services for the elderly or individuals with severe disabilities, so they can live independently in their own homes as long as possible. 
  • Long-Term Care Ombudsman – Advocates for the rights and well-being of residents in long-term care facilities, including nursing homes and assisted living facilities. They also investigate complaints to ensure quality care. 
  • State Health Insurance Assistance Program (SHIP) – Provides guidance and assistance on Medicare and Medicaid to seniors, helping them understand their health insurance options and benefits.

Frequently Asked Questions 

What is elder law and how can it assist seniors and their families?

Elder law is a specialized area of legal practice covering issues related to the aging population. It includes estate planning, Medicaid planning, conservatorship, powers of attorney, healthcare directives, long-term care plans, and the protection of elder rights.

Why is estate planning important for seniors, and what documents should be included?

Estate planning for seniors is critical for overseeing wishes are respected, and assets are distributed according to their desires after they pass away. Essential documents include a will, trust agreements, durable power of attorney, healthcare power of attorney, and living will. 

How does Medicaid eligibility work for seniors, and why is planning important?

Medicaid eligibility for seniors typically involves assessments of income and assets. Planning is essential so seniors can qualify for benefits while still preserving assets for their needs and inheritance. Legal strategies can include spending down, asset transfers, and trust arrangements compliant with Medicaid rules. 

What senior government assistance programs are available, and how can elder law help access them?

Apart from Medicaid, government assistance programs for seniors include Medicare, Supplemental Security Income (SSI), Veterans benefits, and various housing and food assistance programs. Elder law attorneys can help navigate the application process and see to it that seniors receive all benefits they are entitled to. 

Can elder law help with planning for a loved one with special needs?

Yes, elder law attorneys can help in the creation of special needs trusts which allow assets to be left for the care of a loved one with disabilities without endangering their eligibility for public assistance programs. 

What are the potential consequences of not having proper elder law planning in place?

Without proper planning, seniors risk having their healthcare and financial decisions made without their input. An individual’s assets could be spent on long-term care without their control, and their estates may not be distributed according to their wishes. 

What should someone look for when choosing an elder law attorney or firm?

When selecting an elder law attorney, look for experience and specialization in elder law. You’ll also want someone with a compassionate and understanding approach, a good track record of helping seniors and their families, and personalized service. 

How do I start the conversation with my parents about elder law and estate planning?

Approach the topic sensitively and from a place of care – emphasize the peace of mind that comes with planning and the protection it offers to all family members. 

How can Senior Family Solutions help with understanding and implementing elder law services?

Senior Family Solutions helps connect seniors with reliable and experienced elder law attorneys. As part of a vast elder care network, we have established connections with many trusted elder law attorneys. Our focus is on making your family’s transition into senior living as seamless as possible by providing the right resources to address all their planning needs. 

Senior Family Solutions’ Network of Care 

Planning for the future is a big deal, especially when it involves taking care of ourselves and our loved ones. At Senior Family Solutions, we get that it can feel overwhelming to deal with all the legal jargon. That’s why we’re here: to help make things clearer and less intimidating for you. 

We aren’t lawyers, but we know some great ones who specialize in elder law. Dedicated to helping you and your family, they’ll listen, explain everything, and help make the best decisions for the future. 

Ready to get started? Reach out to Senior Family Solutions today so we can connect you with the right team for your needs. Secure the future for you and your loved ones now 

Simplify Your Senior Planning: Keep your senior planning essentials organized for you and your loved ones with our helpful guide. Download Yours Now

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The True Cost of Transitioning to Senior Living https://seniorfamilysolutions.com/the-true-cost-of-transitioning-to-senior-living/ Tue, 08 Oct 2024 08:00:00 +0000 https://seniorfamilysolutions.com/?p=455 From home selling and moving costs to the price of the senior living, it can be hard to keep your head straight with the many fees you’ll have to consider.

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Moving into senior living can be as much a financial decision as it is an emotional one. From home selling and moving costs to the price of the senior living arrangements, it can be hard to keep your head straight with the many fees you’ll have to consider, let alone pay. But fear not! We’re here to lend a hand. Together, we’ll not only go over the senior transition costs you’ll need to account for but also provide a solution that will make the transition both financially and mentally manageable.  

Breaking Down the Costs of Transitioning a Senior

Multiple financial components contribute to the overall cost of transitioning a senior. Let’s talk about the specifics to paint a clearer picture:

Selling the Home

Transitioning to senior living often begins with selling the home. This includes a variety of costs including real estate commissions, which averaged 6% in Kentucky at the end of 2023. This of course doesn’t cover total closing costs which are between 8%-10% of the home’s agreement value. To put that into perspective, the median Kentucky home is valued at $206,517, meaning you’d pay anywhere from $16,521 to $20,651 in closing costs.

Other factors to consider are home improvements and repairs which can significantly enhance the property’s appeal and sale price. There are also professional home staging expenses, which can cost anywhere between $787 – $2,837 according to HomeAdvisor.

0%

was the average real estate commission in Kentucky

$0

is the average cost of staging a home

~0%

of the home’s agreement value is paid by the seller in closing costs

Moving and Storage Solutions 

When it comes to transitioning a senior to a living community, moving yourself or a loved one is only one part of the puzzle. From furniture to beloved heirlooms, and even the stuff that won’t make the move, there’s a house filled with items that will need to be addressed.  

Illustration of movers loading a couch onto a truck

To remove anything you don’t plan on taking, the average cost of junk removal is $242. Yikes!

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What about the things you do want to keep? According to Forbes Home, hiring a moving company can cost $40-$80/hour with two movers.

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Do you need to store items for a while due to a long transition process? Average storage prices can range from $75-$185 per month.

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Legal Fees

The move to a senior living community often incurs legal fees for necessary paperwork, which may include contracts, powers of attorney, and estate planning. Hiring an elder law attorney to help you through the process typically results in hourly rates that could span from $200 to $500, fixed charges, and retainer agreements.

Senior Living

Of course, the price of where the senior moves must also be considered.

“Depending on your location, living in an independent living community can cost from $1,500 to $4,000 a month, and seniors residing in assisted living facilities have a monthly average cost ranging from $3,500 to $10,500 a month.” – Assisted Living.org

How confident are you in your ability to cover the cost of senior transition?

Flexible Funding: How Our Easy Equity Loans Can Help

Transitioning into senior living involves numerous moving parts, both financially and emotionally. Fortunately, Senior Family Solutions is dedicated to aiding seniors and their families through these changes with compassion, professionalism, and expertise. Our comprehensive services are tailored to meet the unique challenges seniors face during this life stage, ensuring a seamless and stress-free transition. 

One standout feature we offer at Senior Family Solutions is our Easy Equity Loans, designed to alleviate financial pressures during the transition. These loans provide a flexible financing option, allowing seniors to manage their expenses without having to worry about immediate out-of-pocket costs. Whether you’re facing unexpected repairs, needing to clear out possessions, or covering the initial costs of senior living arrangements, our Easy Equity Loans can provide the necessary financial support. 

We understand the complexity of this transition and we’re with you every step of the way — from the sale of your home and managing legal necessities, to physically moving and adjusting to your new home. Schedule a consultation today, and take your first step toward a stress-free transition into senior living with Senior Family Solutions. 

Simplify Your Senior Planning: Keep your senior planning essentials organized for you and your loved ones with our helpful guide. Download Yours Now

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The Factors You’re Forgetting When Moving a Parent into Assisted Living https://seniorfamilysolutions.com/the-factors-youre-forgetting-when-moving-a-parent-into-assisted-living/ Thu, 29 Aug 2024 08:00:00 +0000 https://seniorfamilysolutions.com/?p=386 Your journey of moving a parent into assisted living is unique, and so is our approach to supporting you. We are committed to easing this transition.

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Deciding to move your parent into assisted living is a step that comes with a heavy heart and a head full of concerns. It’s not just about finding the right community: it involves sorting through a lifetime of memories, managing logistical and legal hurdles, and ensuring your parent’s comfort and dignity throughout the transition. Let’s take a look at these easily forgotten elements that can make a significant difference in your parent’s transition to assisted living. 

Considerations When Moving a Parent into Assisted Living 

Selling the Family Home 

One of the significant steps in this process is selling your parent’s home—a place filled with emotional attachments and cherished memories. Engaging a Senior Real Estate Specialist (SRES) can help tie the practicality of sales with a sensitive approach tailored to your parent’s unique needs. At Senior Family Solutions, our experts are not only adept at navigating the market but also understanding the emotional nuances involved. This allows them to sell quickly and at the right time, with minimal stress for your loved one. 

The Stuff Your Parent Isn’t Taking: Sorting Out Unwanted Items 

Downsizing is a task fraught with emotions, but it needn’t be overwhelming. Remember many of your parents’ things hold sentimental value. Thus, it’s key to approach this process with empathy and patience. But once you decide what to keep, what do you do with everything else?  

We recommend sorting items into the following categories: keep, sell, donate, and dispose. To make this process easier, you can partner with a professional service who will manage the items you want to sell, donate, and dispose of. For example, at Senior Family Solutions, we use in-house online auction services, collaborate with local charities, and work with disposal contractors so your parent’s home is as market-ready as quickly as possible, often within two days.  

elderly woman holding a packed cardboard moving box

Sorting, packing, and moving your parents’ belongings can be one of the hardest parts of the process.

Transitioning to Assisted Living: Moving Belongings and Respecting Emotions 

With all the planning that needs to happen to transition a parent into assisted living, moving day itself is a logistical undertaking that is often overlooked. Ensuring a smooth transfer from home to community requires attention to detail and careful timing. Of course, the emotional implications of the move can also be overwhelming. 

Having the familiar furniture and keepsakes your parent will transition with close to them throughout the process will help with the process. This means allowing mom or dad to sleep in their own bed the night before the transition, and then sleep in that same bed in their new space the very next night. It’s for this very reason Senior Family Solutions has an efficient 24-hour moving process.  

Navigating Legal Considerations 

Making sure everything is in order from a legal perspective is often forgotten about when it comes to moving a parent into assisted living. To oversee all legal matters are handled correctly, speak to an elder law attorney.  

They can help: 

  • Oversee legal documents such as power of attorney, wills, and trusts 
  • See if you qualify for programs such a VA Aid & Attendance or Medicaid that will pay for care 
  • Ensure your assets are last in line when paying for care 
  • Avoid costly probate or guardianship in court proceedings 

Senior Family Solutions: Helping You Move Your Parent into Assisted Living with Ease 

Senior Family Solutions is more than just a transition service; it’s your hub of resources and a circle of support. From elder transition services to senior real estate sales, our full-service abilities address not only the tangible tasks but also the intangible concerns you face along the way.  

Your journey of moving a parent into assisted living is unique, and so is our approach to supporting you. Senior Family Solutions is committed to easing the logistical, financial, legal, and emotional burdens of this transition. Let us be your guide as you navigate this challenging but important passage. Contact us for a consultation and together, we’ll ensure the next chapter for your loved one is written with the respect and dignity they deserve. 

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