Question:  I am 75 years old and have a modest amount of savings, a home without a mortgage and a small retirement pension plus my monthly social security check.  I am in relatively good health, and quite candidly hope to live for another 10-15 years.  I have one child who is in her 50s but can’t seem to keep a job or a marriage.  She is again without a job and is now divorced for the 3rd time.  My question is whether I should start gifting her my money and perhaps gift her my home as well in anticipation of my needing nursing home care in the future.  What would you recommend I do from a financial planning perspective, factoring in the fact that elder care cost so much in California?”

Answer:  It is great to hear that you are in good health, but your finances may not be as healthy as you are.

The good news is that your estate is under the current $5 million limit, so there are no estate tax issues.

The bad news is that, based on your information, you have very limited liquidity, and liquidity is the secret of financial survival.  In my opinion, you need to have $1 million in liquidity, that is cash, stocks, or a pension plan, so that you are financially secure during retirement.

Also, there is a real concern about Medicare.  Will it be around in 10 years and will it pay the lion's share of your medical expenses in the future, and if not, will you be able to afford these medical expenses? 

Another concern that you should have is that California is bankrupt.  What affect will this have on its ability to provide California residents with Medi-Cal benefits?

If you have not done so already, I would suggest that you do the following:

1. Meet with a financial planner to develop a financial "road map".
2. Meet with an attorney to have the following legal documents prepared:  Power of Attorney for Health, Power of Attorney for Finances, and a Living Trust (which can help your estate avoid the high cost of Probate)  

Finally, regarding your daughter.  I would suggest that at 50 years of age that she assume responsibility for herself–that she find a job, and perhaps start thinking about taking care of you and your elder care needs.

Hope this helps.

Orlando J. Antonini, CPA/PFS, CFP, QFP, RIA, NCG
Antonini CPAs LLP
San Francisco, California
Member of the national ElderCare Matters Alliance, California chapter

Question:  If you have the Power of Attorney for a person what sort of paperwork do you need to keep, and are you authorized to make decisions re: the care of that person in an assisted living facility or nursing home if the person is still in his/her right mind?

Answer:  Once the durable Power of Attorney for health care or finance is in place, the designated person who holds the Power of Attorney should keep as much documentation about the person as possible, including a list of their medications, physician's report including diagnosis, allergies, etc., advanced healthcare directive, POLST (physician's orders for life sustaining treatment), DNR (do not resuscitate) , family history, medical history, copy of the Will, bank information, mortuary information, etc. The Power of Attorney is authorized to make decisions re: the care of that person in an assisted living facility or nursing home even if the person is still in his/her right mind.

My answer to your question is based on my many years of being a long term care Administrator.  If you need more specific information about these legal documents, I would suggest you contact an Elder Care Attorney in California, which can be found on ElderCareMatters.com.

Daniela Berindei, Administrator
Elite Elder Care
El Dorado Hills, California
916-267-1346
Member of the national ElderCare Matters Alliance, California chapter

Question:  I am caring for my mother in my home in California.  It is a full time job.  Will the state provide any kind of assistance to pay for this elder care?

Answer:  The state of California offers a program called In-Home Supportive Services (IHSS), which is paid for by Medicaid funds (MediCal, in California).  The program, administered by each county, does provide a certain number of home care hours, based upon an assessment by a county social worker.   

The care may be provided by a family member, who is paid by IHSS, if the recipient qualifies for MediCal and the caregiver is acceptable to IHSS.   

There is a Website with links to each of the counties’ offices: http://www.cdss.ca.gov/agedblinddisabled/pg1785.htm 

If your mother does not qualify for MediCal, you can talk to a reputable employer-based home care agency about the possibility of working for that company.  The care will not be free to your mother, of course, and you would have to pass the agency’s background screening, but you would be legally employed.

Bert Cave, President
Support For Home
Sacramento, California
916-482-8484
Member of the national ElderCare Matters Alliance, California chapter

Every day, more and more families from across America are relying on ElderCareMatters.com to help them find competent "Elder Care Experts" who are located near them and who can help them with a wide range of elder care matters, such as legal services, financial planning, home care, senior housing, adult day care, geriatric care management, money management, insurance services, aging in place services, etc. 

Below are just a few of the many emails that ElderCareMatters.com receives daily from families across America requesting help with their elder care matters:

• I am looking for help for my 77 year sister who lives in Louisiana and has been abandoned by her children.  Can you help me? 
• I need to locate someone to provide home care for my wife.  We live in New Jersey.  Can you help us? 
• We need to find senior transportation services in the Miami area.  Can you help us? 
• My mother has been injured in an Assisted Living Home in Arizona and we need an attorney with whom to discuss this legal matter.  Can you help us? 
• Can you help me locate elder care experts in the Jacksonville, Florida area?

If you are a competent, caring professional who helps families plan for and/or deal with elder care matters, then you should definitely become a professional member of the national Elder Care Matters Alliance and you should be listed on ElderCareMatters.com – America's #1 source for Elder Care Experts, Information & Answers about Elder Care Matters.  Professional membership is just $15/month.

To request an Application for Membership to the national ElderCare Matters Alliance, send us an email at:  info@ElderCareMatters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO, ElderCare Matters, LLC
ElderCareMatters.com

Answer:  If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

ElderCareMatters.com

ElderCareMatters.com is where you will find more than 2,000 competent, caring elder care experts located across America, including:

• Elder Law Attorneys
• Estate Planning Advisors
• Financial Planners
• Investment Advisors
• Geriatric Care Managers
• Insurance Professionals
• Life Care Planners
• Professional Organizers
• Reverse Mortgage Lenders
• Senior Move Managers
• Senior Real Estate Professionals
•  Tax Advisors
• Aging in Place Professionals
• Daily Money Managers
• And other elder care experts with long and successful careers working with seniors and their families

This is also where you will find some of America's best:

• Assisted Living Communities
• Alzheimer's / Memory Care Communities
• Continuing Care Retirement Communities
• Home Care Agencies

Together, we provide families across America with:

• Unparalleled professional expertise
• Up-to-date elder care information & answers to your elder care questions
• Competent, caring assistance with a wide range of elder care services

So if you are a competent, caring elder care professional who helps families with ANY of their elder care matters, then request today an Application for Membership in the national ElderCare Matters Alliance and get listed on ElderCareMatters.com - America's #1 source for "Elder Care Experts" plus information and answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
ElderCareMatters.com

Answer:  It is my pleasure to provide you with the following list of the 87 different elder care services that are currently provided by the members of the national ElderCare Matters Alliance on ElderCareMatters.com:

1. Accounting Services
2. Adult Day Care
3. Advance Medical Directives
4. Aging in Place Services
5. Alzheimer's / Memory Care Communities
6. Annuities
7. Arbitration
8. Asset Protection Planning
9. Assisted Living Communities
10. Assisted Living Referral Services
11. Bankruptcy
12. Bill Paying
13. Budgeting
14. Caregiving Education
15. Companion Care
16. Conservatorship
17. Consumer Law
18. Continuing Care Retirement Communities
19. Cremation Services
20. Crisis Intervention
21. Daily Money Management
22. Dementia Care
23. Disability Income Insurance
24. Disability Planning
25. Elder Abuse Litigation Services
26. Elder Law
27. ElderCare Planning
28. Estate Administration
29. Estate Liquidation
30. Estate Planning
31. Family Law
32. Financial Planning
33. Funeral Services
34. Geriatric Care Management
35. Guardianship
36. Health Insurance
37. Hoarding Clean Up and Coaching Services
38. Home Care
39. Home Downsizing Services
40. Home Health Care
41. Home Modifications
42. Hospice Care
43. Independent Living Communities
44. Investment Services
45. Life Care Planning
46. Life Insurance
47. Litigation
48. Long Term Care Insurance
49. Long Term Care Planning
50. Medicaid Planning
51. Medical Services
52. Medical Alert Systems
53. Medical Claims Processing
54. Medical Equipment & Supplies
55. Medical Malpractice Litigation
56. Medicare Consulting
57. Medicare Supplemental Insurance
58. Medication Management Services
59. Moving Services
60. Nursing Homes
61. Personal Finance
62. Powers of Attorney
63. Probate
64. Professional Organizing
65. Public / Non-Profit Resources
66. Real Estate Services
67. Rehabilitation Services
68. Residential Psychiatric Care
69. Respite Care
70. Retirement Planning
71. Reverse Mortgages
72. Securities Arbitration & Litigation Services
73. Senior Housing
74. Senior Move Management
75. Senior Move Planning
76. Senior Relocation Services
77. Social Security Disability Services
78. Special Needs Planning
79. Tax Law
80. Tax Planning
81. Tax Preparation
82. Transportation Services
83. Trustee / Fiduciary Services
84. Trusts
85. VA Benefits
86. Wills
87. Wound Care

The goal of ElderCareMatters.com is to provide families across America with the help they need to plan for and deal with their elder care matters.  Let us know if there are other elder care services that you would like to have us list on ElderCareMatters.com – America's #1 source for Elder Care Experts plus information & answers about a wide range of elder care matters.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO, ElderCare Matters, LLC
ElderCareMatters.com
1-877-379-4500

Phillip G. Sanders, MBA, MSHA, CPA
Founder of ElderCareMatters.com
1-877-379-4500

This week's Featured Elder Care Expert on ElderCareMatters.com is Phillip G. Sanders, MBA, MSHA, CPA, Founder of  ElderCareMatters.com, America's #1 online source for Elder Care Experts plus information & answers about a wide range of elder care matters.

Every day this week (M-F), Mr. Sanders will answer one of your questions about this online elder care resource that helps families across America plan for and deal with their issues of aging.

One selected question along with Mr. Sanders' answer will be posted on the Featured  Elder Care Question of the Day section of ElderCareMatters.com.

So if you would like to ask the Founder of ElderCareMatters.com a question, just send a short email (a few sentences please) to: Questions@ElderCareMatters.com.

And remember to bookmark ElderCareMatters.com and check back often to see if your question is our Elder Care Question of the Day.

Answer:   Yes, there are planning steps you can take now.  First, check with your local agencies, such as the Area Council on Aging to find out what eldercare services are available in your area. You may find that there are adult day care centers that cost nothing or are very reasonably priced. Next, determine out what the cost of eldercare is in your community. These providers will include home health care agencies, nursing homes, and assisted living facilities. Prices vary, so survey the market carefully.

Involve your children and inform them of your wishes in the event you need custodial eldercare services, and write down your wishes. Name one of your children or friends that you trust as your eldercare coordinator. As an aside, it is always a good idea to consult with an attorney and have a durable power of attorney drafted, as well as a living will.

If you have assets available for possible eldercare expenses, you should designate those as being for that purpose. If you have existing life insurance or annuity policies, it may be possible to leverage those products by re-positioning them into products that can provide enhanced eldercare dollars in the event that you need them. Check with your financial advisor.

To find  competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Gregory D. Roberts, CFP, CLU, ChFC, CLTC, EA
Life Solutions
Aiken, South Carolina  29803
803-617-9805
Member of the national ElderCare Matters Alliance, South Carolina chapter 

Answer:  You should contact the local authorities immediately, report the theft, and ensure they understand that you’re fearful for your safety. In addition, I would terminate the services of your current caregiver and contact a local licensed home health agency.

To find  competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Bart Delsing, Owner & Chief Operating Officer
FirstLantic Healthcare, Inc.
Delray Beach, Florida  33445
561-243-7979
Member of the national ElderCare Matters Alliance, Florida chapter 

Answer:   This is a great question. Choosing the home health agency that is best-suited for your needs is essential, but the most important selection is the caregiver. Selecting a caregiver that understands the specific needs and dynamics of an Alzheimer’s patient is critical and will determine the success of a strong relationship between your parents. Here are the questions I suggest you ask: 

1. Is the home health agency licensed? If so, request a copy of their license. This will insure that the agency is operating under the regulations of the state.
2. How long has the agency been in business? It is best to choose a well-established agency. They generally  offer more experienced, trained caregivers.
3. Are the caregivers licensed, insured and supervised? You want an agency that has professional, general liability and workers compensation coverage. If the caregivers are going to drive your parents, you should inquire about non-owned auto insurance. If caregivers are transporting patients and utilizing their own vehicle, this is a must. If they’re going to use your parents’ auto, call your parents’ insurance carrier and inquire about adding them to coverage. Moreover, if driving is required, ask the agency if they run a DMV check on the caregiver.
4. Does the agency do an Assessment Visit? If so, is this done by a Registered Nurse and is there a cost ? This is another significant step in the process for a number of reasons. You might feel that your mother needs four hours per day, but after assessing her, the opinion of the licensed professional might be considerably different. A clinically trained expert can determine if other services are needed, e.g. physical therapy. In addition, a better understanding of the home surroundings will ensure a safer environment for your parents.
5. How often is the caregiver supervised and by whom? Look for a RN supervision answer here. If not, that’s a concern.
6. What type of background screening is required of the caregiver? You should focus on a criminal background, abuse registry and reference checks. For me, the criminal background and reference checks are the most important.
7. Can I/we interview the caregiver(s)? If so, is there a charge? Either way take advantage of it.
8. If we’re not satisfied with the current caregiver, what’s the agency policy on providing a replacement?
9. Does the agency have a minimum amount of hours that are required? Although this varies agency by agency, most require a four hour minimum.
10. What are the rates?
    1. Hourly
    2. Daily: This is typically a live-in case where the caregiver is present in the home for 24 hours per day. This practice varies agency by agency based on the availability of live-in caregivers.
    3. How often do they bill and are you required to pay in advance? If they request advanced payment, it is typically for two weeks.  See if you can pay this on a credit card. The credit card will offer some safeguard to you if you’re not happy with the agency and want to make a change. 

Another aspect of selection is whether or not your parents have Long Term Care insurance (LTC). If they do have coverage, here are some questions. 

1. What LTC carriers do they accept?
2. Do they accept Assignment of Benefits (AOB)? If so, this allows the agency to bill the LTC carrier directly.
3. Does the policy have an Elimination Period? If so, how long? If the policy does, which most do, you’re required to pay for services within the Elimination Policy. An Elimination Policy can range from 30 to as many as 120 days. 

I hope that I’ve given you a starting point for discussions with prospective home health agencies. I would shop  a minimum of three agencies and dig as much as possible.

To find  competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Bart Delsing, Owner & Chief Operating Officer
FirstLantic Healthcare, Inc.
Delray Beach, Florida  33445
561-243-7979
Member of the national ElderCare Matters Alliance, Florida chapter 

Answer:   Training requirements  for Assisted Living Facilities (ALFs) are regulated by each state, and educational and training requirements vary among the states to address the specific requirements of the state. Additionally, not all ALFs allow staff to administer medications, these facilities are often referred to as a social model, there are 5 or 6 in this classification. 

To better understand the regulations for an individual state, you may find the specifics on each state's ALF association website, or staff within that association may assist you or clarify your questions.  Also, ALFs may develop their own training that may exceed state requirement to address the special needs of the residents within the facility.

To find other competent, caring elder care professionals across America who are located near You and can help you with your elder care matters, go to: www.ElderCareMatters.com - A FREE online resource to find elder care experts plus elder care information & answers to your elder care questions.

Lynn Harrelson, R.Ph., FASCP, Senior Care Pharmacist
8302 Cheshire Way
Louisville, Kentucky  40222
502-425-8642
Member of the national ElderCare Matters Alliance, Kentucky chapter 

Answer:  I would NOT risk losing Medicaid over this car. I suggest buying the car for a nominal price.

To locate competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

John E. Settle, Jr., Esq.
John E. Settle, Jr., Attorney at Law 
Bossier City, Louisiana  71111
318-742-5513
Member of the ElderCare Matters Alliance, Louisiana chapter

Answer:  I just met with a son and his mother to review the change she has experienced with the ability to care for herself. It was a great meeting in that his mother expressed to me where her concerns were and the son expressed his concerns. Together we came up with a plan to help with meals, assistance with her bath, some brain fitness activities and a weekly jaunt to the local pool! She wants to stay at home as long as possible and needs more support to stay safe. 

What you are experiencing with your mother is at the heart of what Professional Geriatric Care Managers do. We evaluate the status of the elder, listen to their needs and coordinate a plan of care for them with the support and understanding of the family. 

A good first step would be to call a Geriatric Care Manager for an initial evaluation of your mother ideally with her support and approval.

To locate competent geriatric care managers who are located near YOU and can help you with these types of elder care matters, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts plus information & answers about a wide range of elder care matters.

Amy Cameron O'Rourke, MPH, CMC
The Cameron Group
Orlando, Florida  32803
1-888-896-2010
Member of the ElderCare Matters Alliance, Florida chapter

Answer:  No, the ability to stay in Assisted Living in Florida has not been abolished. If an elder wants to die in their home (Assisted Living is classified as home) they have the right to stay in Assisted Living. As her need for care increases (i.e. she becomes dependent or “bed bound”) she can remain in Assisted Living; however, she must pay privately for the extra care she needs. 

Assisted Living facilities are licensed to provide assistance with care. When an elder needs total care Assisted Living facilities are required to discharge the elder to a more appropriate setting, usually a nursing home; the only exception to this rule is when the elder is on hospice. When an elder is on hospice and needs total care they are allowed to stay in the facility but must pay extra for the care needed. Assisted Living facilities are not licensed or staffed to provide total care.

I hope this answers your question!

Amy Cameron O'Rourke, MPH, CMC
The Cameron Group
Orlando, Florida  32803
1-888-896-2010
Member of the ElderCare Matters Alliance, Florida chapter

Answer:  Most of the larger insurance companies offer Long Term Care Insurance, including Northwestern Mutual, MassMutual, State Farm, John Hancock, Genworth, MetLife, Mutual of Omaha, and AARP. The federal government also offers Long Term Care Insurance to its employees. Unfortunately, none of these policies is inexpensive. I recommend that you speak with a qualified insurance agent to determine what alternate types of policies are available and to comparison shop for the best price.

To locate long term care insurance experts in your state who can help you with these elder care matters, go to: www.ElderCareMatters.com/statechapters.htm

Dennis Duncan, Attorney at Law
The Law Offices of Dennis L. Duncan, P.C.
Macon, Georgia  31210
478-254-4232
Member of the national ElderCare Matters Alliance, Georgia chapter

Answer:  Your situation is not uncommon, and actually, you are in pretty good shape financially for your husband to transition into a long term healthcare or nursing home facility.  In order for your husband to qualify for Medicaid he must be 65 years or older, and in his case, disabled. He must have a monthly income of no more than $2,022, which he does at $1,950. Another factor is the Community Spouse Resource Allowance (CSRA), which for 2011 is limited to $109,560. Since your principal residence, your car, your husband’s IRA, and his term life insurance policy are all exempt resources, your husband should qualify for Medicaid. However, allow me to add that if the principal residence is held in Joint Tenancy with Right of Survivor, you and your husband should consider placing it in your name in Fee Simple. There is no penalty on spousal gifts, and when your husband passes, you will not have to worry about Medicaid’s Estate Recovery seeking his share of the property as reimbursement for benefits provided. 

To locate experts in your state who can help you with these elder care matters, go to: www.ElderCareMatters.com/statechapters.htm

Dennis Duncan, Attorney at Law
The Law Offices of Dennis L. Duncan, P.C.
Macon, Georgia  31210
478-254-4232

Member of the national ElderCare Matters Alliance, Georgia chapter

Answer:   The first thing I would suggest you do is speak to the chief of nursing or the nursing home administrator about your concerns. If that doesn’t resolve the problem, you can ask for a formal meeting between family members and the appropriate nursing home personnel.

Most states also have a nursing home ombudsman assigned to each nursing home for the purpose of looking into complaints about the care that nursing home residents are receiving. You can contact your state’s Office of Elder Affairs to get contact information for the ombudsman.

To locate experts in your state who can help you with this elder care matter, go to: www.ElderCareMatters.com/statechapters.htm

Dagmar M. Pollex, Attorney at Law
The Law Offices of Dagmar M. Pollex, P.C.
Braintree, Massachusetts  02184
781-535-6490

Member of the national ElderCare Matters Alliance, Massachusetts chapter

Answer:  Generally the asset check is at the time of Medicaid application, not admittance. However, each state is different.  

Please check the following ElderCare Matters site to locate an elder law attorney near you: www.ElderCareMatters.com/statechapters.htm

Ben A. Neiburger, JD, CPA
Neiburger Law, Ltd.
Elmhurst, Illinois  60126
630-782-1766
Member of the national ElderCare Matters Alliance, Illinois chapter

Answer:  Legal problems that affect the elderly are growing in number.  Our laws and regulations are becoming more complex.  Actions taken by older people with regard to a single matter may have unintended legal effects.  It is important for attorneys dealing with the elderly to have a broad understanding of the laws that may have an impact on a given situation, to avoid future problems. 

Unfortunately, this job is not made easy by the fact that Elder Law encompasses many different fields of law.  Some of these include:

• Preservation/transfer of assets seeking to avoid spousal impoverishment when a spouse enters a nursing home
• Medicaid
• Medicare claims and appeals
• Social security and disability claims and appeals
• Supplemental and long term health insurance issues.
• Disability planning, including use of durable powers of attorney, living trusts, “living wills,” for financial management and health care decisions, and other means of delegating management and decision-making to another in case of incompetence or incapacity.
• Conservatorships and guardianships
• Estate planning, including planning for the management of one's estate during life and its disposition on death through the use of trusts, wills and other planning documents
• Probate
• Administration and management of trusts and estates
• Long-term care placements in nursing home and life care communities
• Nursing home issues including questions of patients’ rights and nursing home quality
• Elder abuse and fraud recovery cases
• Housing issues, including discrimination and home equity conversions
• Age discrimination in employment
• Retirement, including public and private retirement benefits, survivor benefits and pension benefits
• Health law
• Mental health law

Most Elder Law Attorneys do not specialize in every one of these areas.  So when an attorney says he/she practices Elder Law, find out which of these matters he/she handles.  You will want to hire the attorney who regularly handles matters in the area of concern in your particular case and who will know enough about the other fields to question whether the action being taken might be affected by laws in any of the other areas of law on the list.  For example, if you are going to prepare a new will and your spouse is ill, the estate planner needs to know enough about Medicaid to know whether it is an issue with regard to your spouse’s medical care planning.

David F. Anderson, Esq.
David F. Anderson, P.A.
Miami Lakes, Florida  33016
305-825-4052
Member of the national ElderCare Matters Alliance, Florida chapter

Steven H. Peck, Attorney at Law
Law Offices of Steven H. Peck, Ltd.
300 Saunders Road
Suite 100
Riverwoods, Illinois  60015

Member of the national ElderCare Matters Alliance, Illinois chapter

Steven H. Peck is a native of Boston, Massachusetts and is married with three daughters. Mr. Peck graduated cum laude with a Bachelor of Arts degree in Economics from Harvard College. He received his Juris Doctor degree from Boston College Law School.

Mr. Peck is licensed to practice law in Illinois, New York, Massachusetts, Florida and six federal jurisdictions, including the United States Supreme Court and the United States Tax Court.

Mr. Peck has been involved in the estate and tax planning field for over 19 years and is devoted full time to the practice of estate planning. He is a member of the Illinois Forum of Estate Planning Attorneys as well as Wealth Counsel, a nationwide group of attorneys committed to bringing their clients the finest estate planning advice and documentation possible. Additionally, he is a member of Elder Counsel, which is devoted to the practice of elder law and special needs planning. Mr. Peck is also listed in Nationwide Register’s, Who’s Who in Executives and Businesses.

Mr. Peck has presented several hundred seminars on the topic of estate planning for the public and various private organizations across the country. He was also a faculty member for National Business Institute’s professional education seminar “Handling the Generation-Skipping Transfer Tax”.

Prior to estate planning law Mr. Peck practiced real estate development law and spent four years active duty as a captain in the U.S. Army Judge Advocate General’s Corps. Additionally, he has a substantial knowledge of the insurance field having spent several years as an insurance broker prior to practicing law.

Answer:  If you are an elder care professional and you would like to "get the word out to thousands of families across America in a cost effective way about how you can help them plan for and deal with their issues of aging", then you should join our 1,250 elder care experts as a lifetime member of the national ElderCare Matters Alliance.  And, now, if you are one of the next 250 members, you will receive a 25% discount off the regular lifetime membership price.

This 25% discount is available only to the next 250 elder care professionals who join the national ElderCare Matters Alliance.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) to the national ElderCare Matters Alliance.

To request an Application for Lifetime Membership, send an email directly to: psanders@eldercarematters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
1-877-379-4500
www.ElderCareMatters.com

If you are an elder care professional and you would like to "get the word out to thousands of families across America in a cost effective way about how you can help them plan for and deal with their issues of aging", then you should join our 1,250 elder care experts as a lifetime member of the national ElderCare Matters Alliance.  And, now, if you are one of the next 250 members, you will receive a 25% discount off the regular lifetime membership price.

This 25% discount is available only to the next 250 elder care professionals who join the national ElderCare Matters Alliance.

So if you are a competent, caring elder care professional – take advantage of this special 25% discount offer and pay only $337.50 for a "lifetime membership" (and there are no annual membership dues, ever!) to the national ElderCare Matters Alliance.

To request an Application for Lifetime Membership, send an email directly to: psanders@eldercarematters.com

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters, LLC
1-877-379-4500
www.ElderCareMatters.com

Answer:  The experts of the national ElderCare Matters Alliance.

ElderCareMatters.com is now offering a NEW Ask an Elder Care Expert service.

Each week one of our 1,200 experts will answer your family's important questions about elder care matters – from legal, financial, housing, health care, etc.

If you would like to ask one of our Elder Care Experts a question about his/her areas of expertise, just send a short email (a few sentences only please) to:  Questions@ElderCareMatters.com

Every day we will post one of your questions along with an answer provided by our Featured Elder Care Expert of the Week to the homepage of www.ElderCareMatters.com (which is currently visited by thousands of families each week).  Yours may be one of the questions posted.

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Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters
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www.ElderCareMatters.com – America's online source for elder care experts who help families plan for and deal with their issues of aging.

Phillip G. Sanders, MBA, MSHA, CPA
Founder & CEO
ElderCare Matters
www.ElderCareMatters.com

Answer:  You should be able to obtain guardianship regardless of his marital status. Based on the situation you describe, that is the route I would recommend. You would need to petition for guardianship in Florida, where your father currently resides. Then, when successful, the guardian would seek court approval to move him to another state.

Victoria L. Collier, Attorney at Law
Collier & St. Clair, LLP
Decatur, Georgia  30030
404-370-0696
Member of the national ElderCare Matters Alliance, Georgia chapter

Answer:  There is a variety of legal methods that can be used to prevent an elderly couple's entire net worth from being consumed by nursing home expenses.

First of all, Medicare does not pay for nursing home expenses.  It covers things like doctor visits, drugs, and a certain amount of hospitalization.  Medicare is a "status-based" benefit, which means that all your parents have to do qualify is turn 65.  It makes no difference how much they have in terms of income and assets.  As each of them turns 65, that person qualifies for Medicare.

Medicaid, on the other hand, is a "means-based" benefit, which means you have to qualify for it based on how much you have in the way of income and assets.  Although Medicaid is mostly funded by the Federal government, the States, who administer the program, are given a certain amount of leeway in setting the income and asset caps.  Different States also interpret and apply some of the other rules differently from each other, so it is important for you to seek State-specific advice.  The best we can offer here is general information.

The Federal guidelines set ranges of allowable income and asset caps, the most liberal being that a couple (where only one spouse needs nursing home care) may keep a total of $2,789 in monthly income, and they may own a house (having no more than $750,000 of equity), a car, household furnishings, a funeral plan, life insurance with a cash value of no more than $1,500, and $111,560 worth of other assets.  Note that these numbers are all maximums.  Many States are not this generous.

If the couple exceeds the Medicaid income cap, they are not necessarily disqualified from receiving Medicaid benefits.  Their "excess" income must be used to pay nursing home expenses, and Medicaid can kick in on nursing home expenses that are over and above the "excess" income amount.

If the couple's holdings exceed the asset limit, they are disqualified from receiving Medicaid benefits.  Accordingly, many of the acceptable Medicaid planning strategies involve "converting" nonexempt assets into exempt assets.  For example, if a couple lives in a State that allows the maximum asset amounts listed above, but has $200,000 worth of "other" assets, they will not qualify for Medicaid.  However, if their home has an equity of only $400,000, and if the "other" assets consist of cash, the couple can invest $88,440 ($200,000 minus $111,560) in such things as home improvements and furnishings, funeral plans, and a car, in order to bring their holdings within the asset cap.

Other legal strategies may be available as well.  In order to get a definitive answer in your jurisdiction, you need to consult a Medicaid expert in your State.  One excellent way to locate these kinds of resources is through http://www.eldercarematters.com/statechapters.htm, where you may find a listing of advisors in your locale.

Scott A. Makuakane, Esq., CFP
Est8Planning Counsel LLLC
Honolulu, Hawaii  96813
808-587-8227
Member of the national ElderCare Matters Alliance, Hawaii chapter

Answer:  Long-term care are those services which help meet both the medical and non-medical need of people with a chronic illness or disability who cannot care for themselves for long periods of time.

There is a difference between traditional health-care services and long-term care services. Health-care services focus on the prevention and treatment of medical conditions. Long-term care services are designed to help you maintain your current lifestyle at a time when you may not be able to be fully independent.

 When might you need long-term care?

You may need long-term care at any time in your life. In fact, about 43% of all claims for long-term care insurance benefits are from people under age 65.

You may need long-term care if you:

• Develop a prolonged or chronic illness.
• Sustain a serious injury or disability.
• Develop a cognitive impairment that causes memory loss or disorientation, such as Alzheimer’s.
• Need assistance due to the normal frailties of aging.

There are several types of long-term care.

The type of care you receive can vary depending on your particular need.

• “Skilled care” refers to care given by medical personnel, such as a registered nurse or professional therapist. It requires a physician-prescribed plan of care.
• “Personal care” focuses on helping with your activities of daily living. It is less involved and may be provided by trained professionals or even a family member.

Long-term care may also include care management services to evaluate your overall needs.

It isn’t just for the elderly.

Most of us think of long-term care as being only for the elderly and those in nursing homes, but that’s only part of the story. Forty percent of people currently receiving long-term care services are adults under the age of 65. And, most people receive long-term care services either in their own home, or in the home of a family member—not in a nursing home.

Anyone could need help with everyday routines.

The fact is, anyone at any age may need long-term care at some point in their lives. If you sustain an extensive injury or go through a prolonged illness, you may need help with your normal daily activities, such as bathing, getting dressed, or just getting around the house. If you become cognitively impaired, you may need help with meal preparation and eating, or reminders to take medications, or other kinds of support.

Understanding your need for long-term care.

Although these everyday activities may seem mundane, they are essential to maintaining your independence. Your ability, or inability, to perform these regular activities of daily living give long-term care professionals and those in the insurance industry a very practical measure to use when deciding if you need long-term care. Activities of daily living, often referred to as ADLs, include such regular activities as:

• Bathing.
• Dressing.
• Using the toilet.
• Transferring to or from the bed or a chair.
• Caring for incontinence.
• Eating.

It’s difficult to predict how long you may need care.

You can’t predict the future, but these facts might give you an idea of how long you may need long-term care.

• On average, someone age 65 today will need some long-term care services for three years.
• Typically, women need care longer (on average 3 years, 9 months) than men (on average 2 years, 3 months).
• About one-third of today's 65-year-olds may never need long-term care services; however, 20 percent of them will need care for more than five years.

Your long-term care needs may change over time.

The amount and type of long-term care services you need will often change gradually over time. For example, early on you may need only occasional help for a few activities of daily living, and may choose to receive that assistance in your own home. Over time, however, you may begin to require more regular assistance and choose to live in an assisted living center.

Kathy Dorsey, CLTC
Long Term Care Insurance Solutions
Fort Worth, Texas  76102
817-887-8033
Member of the national ElderCare Matters Alliance, Texas chapter