Question of the Day: "I don’t want my family to fight over my will. Can I insert something in my will that causes anyone who challenges the will to lose his gift?"

Answer:  You can add an “In Terrorem” clause which is a provision that basically states that any person who challenges the last will and testament or terms of the last will and testament will be disinherited.  These clauses may or may not be upheld by a court.

NOTE:  The information provided above is not intended to be nor should be relied upon as legal advice.  Peck Bloom, LLC is located in the State of Illinois and the attorneys are only licensed to practice law in Illinois and Florida.  You should consult a qualified attorney licensed in your state regarding these matters.

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

Kerry R. Peck, Managing Partner
Peck Bloom, LLC
Chicago, Illinois  60603
1-877-845-1743

Member of the national ElderCare Matters Alliance, Illinois chapter


ElderCareMatters.com – America's online source to find Elder Care Experts

At last, families across America have a resource they can tap into daily to relieve the stress of aging…

ElderCareMatters.com

 

ElderCareMatters.com, along with the 1,300 members of the national ElderCare Matters Alliance, provides families with the resources they need to plan for and deal with their elder care matters. 

This is America’s online source to find elder care experts plus information & answers about a wide range of elder care matters from members of the national ElderCare Matters Alliance. 

Here you will find professionals with years of experience in helping families with the issues of aging, including:

  • Elder Law Attorneys
  • Estate Planning Advisors
  • Financial & Investment Advisors 
  • Geriatric Care Managers
  • Insurance Professionals
  • Reverse Mortgage Specialists
  • Senior Move Managers 
  • Seniors Real Estate Specialists
  • A host of 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
  • Nursing Homes

Together, we provide families with:

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

 

If you and your family need help with elder care matters, this is where you will find competent, caring elder care experts located near you.  Whether you are looking for:

  • an elder law attorney in Philadelphia
  • a geriatric care manager in South Florida
  • a long-term care insurance professional in Fort Worth,
  • a home care provider in Southern California, or
  • an assisted living community in Phoenix (as shown in the photo above)…

you can count on www.ElderCareMatters.com to help you find the Elder Care Experts that you will need in ALL 50 states (plus the District of Columbia).

Special Offer for ALL Elder Care Professionals:  The next 200 elder care professionals who apply for Lifetime Membership in the national ElderCare Matters Alliance will receive a 25% discount off the regular price of lifetime membership.

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!) in the national ElderCare Matters Alliance.   

To request a Membership Application, send an email to: info@ElderCareMatters.com.


Question of the Day: "How would I go about applying for Medicaid for my wife who has Alzheimer’s disease and is now in need of nursing home care?"

Answer:  Each state has a specific agency that runs the Medicaid program. In Illinois, this agency is called the Department of Human Services. In your state it might have a different name. To apply for Medicaid, you need to contact this agency in the particular County that your wife is going to live in. Generally, the staff at the nursing home can point you in the right direction and they may even have the forms for you to fill out.

To locate experts in your state who can help you with this elder care matter, go to: 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


Question of the Day: "A couple is on their second marriage and signed a pre-nuptial agreement at the time of their marriage 15 years ago. Husband now has severe Alzheimer’s and his funds are expended. Family home was acquired years ago in her name with her funds and she has maintained her own separate accounts. If she divorces him, will he qualify for Medicaid or will her assets continue to be includable?"

Answer:  This is a very complex situation. The short answer is that in many states if there is a divorce and the court orders assets to be split in a certain way, the Medicaid agency will respect that court order and determine Medicaid eligiblity just using the assets of the ex-spouse who lives in the nursing home. In some states this will not work. Also, during a divorce, a court may require either a guardianship or the appointment of a guardian ad litem to protect the interests of the sick spouse, including the validity of any pre-nuptual agreement. Please check with both an elder law attorney and a divorce attorney in your state to confirm whether this advice applies to you and your situation.

To locate experts in your state who can help you with your elder care matters, go to: 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


Question of the Day: "For how long and where should I keep all my original legal documents, including my original will? I’ve heard that I should not keep them in my safety deposit box."

Answer:  You should keep the most recent version of your legal documents (wills, trusts, powers of attorney) forever (or until any administration on your estate after you die is complete). If you get a new document done, you can destroy the old one.  You can definitely keep the documents in your safety deposit box; however, make sure someone other than yourself has access to the box. That way, if something happens to you, someone can get into the box to obtain your documents.

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


Question of the Day: "Does the asset check for Medicaid purposes occur at the time of admittance to the nursing home or at the time of application for Medicaid?"

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


Question of the Day: "My mom is living at home and my dad just went into the nursing home because of his stroke. Mom and dad don’t have that much in savings (about $50,000), but their main asset is the house, which is paid off. The nursing home told me that my mom would need to pay for my father’s care with her remaining money and then sell the house. Is this right?"

Answer:  Medicaid will probably be able to pay for your father’s stay at the nursing home if the nursing home accepts Medicaid for payment.  Under Medicaid in many States (please confirm this with an elder law attorney in your state), the spouse living in the community (that is, your mother), is allowed to keep a certain amount of cash assets and a house of any value as long as they live in the house. If your mother was in Illinois, she would be able to keep $109,560 in cash plus a house of any value. So, I don’t think the nursing home is being that truthful to you. Please see an Elder Law attorney in your state to learn the options you mother has.

To find an Elder Law attorney near you, use the following ElderCare Matters’s resource: http://www.ElderCareMatters.com/statechapters.htm

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


Become a Featured Elder Care Expert to Families Across America

If you are an elder care professional who helps families plan for and/or deal with their issues of aging, then you need to be featured on www.eldercarematters.com (which now gets 25,000+ visitors every month) and in the ElderCare Matters Bulletin (our weekly e-newsletter that is now distributed to about 100,000 families and professionals across America who are looking for help with their elder care matters, including searching for elder care experts like you).

As the Featured Elder Care Expert of the week, you will be showcased on the homepage of www.eldercarematters.com plus be exclusively featured in an issue of the ElderCare Matters Bulletin.  Moreover, you will have the unique opportunity to answer questions from families across America about your area of expertise.  These questions along with your answers will be posted on the homepage of www.eldercarematters.com and distributed further via our social networking sites on Facebook, Twitter, and LinkedIn.

So, what are you waiting for?  If you are a competent, caring elder care professional and you are not already a member of the national ElderCare Matters Alliance, join us today and become a Featured Elder Care Expert on www.eldercarematters.com – America’s online source to find elder care experts who help families plan for and deal with their issues of aging.

And if you are already one of the 1,250+ members of the national ElderCare Matters Alliance, take advantage of this opportunity to share your expertise with families across America who need your help with their elder care matters.


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 new 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 to: info@eldercarematters.com


Question of the Day: "What are my responsibilities when hiring a home health aide? I’m confused about payroll tax, Social Security tax and other benefits."

Answer:  I do not mean to sound facetious when I say that your first responsibility when hiring a Home Care Aide is to avoid being the employer.  I will come back to that.

First, let’s differentiate between a Home Health Aide and a Home Care Aide.  The former is actually someone who works as part of a Home Health team, comprising Nurses, Physical Therapists, Speech Therapists, Occupational Therapists and Home Health Aides.  Home Health is a prescribed set of short term services, under a doctor’s order, to assist a patient who is return home from hospitalization or skilled nursing facility rehabilitation.  Such services may last 4-8 weeks.  In this assignment, Home Health Aides are responsible primarily for bathing services.

In non-medical home care, a Home Care Aide provides support for Activities of Daily Living (ADLs and Instrumental ADLs).  When a client or family hires a Home Care Aide, they should actually be hiring an agency, with the agency serving as the employer of record for the caregiver.  That agency should be providing the client and family with protection that includes liability insurance, a large dishonesty bond (we recommend $50,000), Workers Compensation insurance, Unemployment Insurance, all the payroll taxes, including Social Security, etc. being the responsibility of the employer agency.  There are many other reasons for ensuring that you hire an agency, rather than becoming the caregiver’s employer.  For example, what happens when the caregiver is sick?  The agency is responsible for covering.  If the client does not get along with the Home Care Aide, you want that to be the agency’s problem, not a matter of you firing the caregiver and then having to deal with an unemployment claim.

If you do hiring a caregiver directly – or through a so-called “referral agency” – you are going to be considered the employer of record.  You have enough on your hands without that added responsibility.

Bert Cave, President
Support For Home
Sacramento, California  95825
916-482-8484
Member of the national ElderCare Matters Alliance, California chapter 


Join Our 1,250+ Elder Care Experts As a Lifetime Member

At last, families have a resource they can tap into to find “Elder Care Experts” across America…

 ElderCareMatters.com

ElderCareMatters.com, along with the 1,250+ Lifetime Members of the national ElderCare Matters Alliance, provides families with the resources they need to plan for and deal with their elder care matters.

This is America’s online source to find elder care experts plus useful information & answers about a wide range of elder care matters.

Here you will find professionals with years of experience in helping families with the issues of aging, including:

  • Elder Law Attorneys
  • Estate Planning Advisors
  • Financial & Investment Advisors
  • Geriatric Care Managers
  • Insurance Professionals
  • Reverse Mortgage Specialists
  • Senior Move Managers
  • Seniors Real Estate Specialists
  • A host of 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
  • Nursing Homes

Together, we provide families with:

  • Unparalleled professional expertise
  • Up-to-date elder care information & resources
  • Competent, caring assistance with a wide range of elder care matters

If you and your family need help with elder care matters, this is where you will find competent, caring elder care experts located near you.  Whether you are looking for:

  • an elder law attorney in Philadelphia
  • a geriatric care manager in South Florida
  • a long-term care insurance professional in Fort Worth,
  • a home care provider in Southern California, or
  • an assisted living community in Phoenix (as shown in the photo above)…

you can count on www.ElderCareMatters.com to help you find the Elder Care Experts that you will need in ALL 50 states (plus the District of Columbia).

 


 

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 new 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.


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For additional information about professional membership in the National ElderCare Matters Alliance, (including the many benefits of becoming one of our ElderCare Matters Partners) and to download an Application for your Basic, Premium or Partner Membership in the National ElderCare Matters Alliance, visit: ElderCare Matters Alliance.