Coping with Crisis: Getting the Right Help for an Aging Parent

When an older friend, parent or loved one begins to show signs of needing assistance, how do you step in without overstepping?

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It is a call nobody wants to receive: an energetic, independent parent in a distant state is suddenly behaving differently. When Jane first came to Grimaldi & Yeung her mother, Margaret, was in her early 80s and starting to have some health problems. Worse, she was showing signs of confusion. What could Jane do to take care of Margaret without uprooting either of their lives? Grimaldi & Yeung’s attorneys and social workers:

  • Performed a home inspection to determine what supports Margaret would need to remain at home.
  • Created a financial plan — including a trust — to protect Margaret’s assets and establish her eligibility for Medicaid to provide home care services.
  • Put Margaret’s legal documents — including a Durable Power of Attorney, Health Care Proxy and other Advanced Directives — in order so that Jane could direct her care and, if necessary, act as her agent.
  • Helped Jane identify and hire appropriate in-home health.
  • Consulted with Margaret’s physician to create a simplified routine that was easier for her to follow.
  • Held a “summit” with two care agencies to create a structure for Margaret and remove some of the uncertainty in her life.

Structure had become increasingly important for both Margaret and Jane. Additionally, Margaret’s assets needed to be consolidated and protected. Grimaldi & Yeung worked with the two women on a range of levels — legal, financial and human — to help take care of Margaret’s current and anticipated needs without disrupting either of their lives.

Medicare/Medicaid Planning: Medicaid Planning Times Two: For Married Couples

Medicaid planning for couples has special rules in acknowledgement that a household’s combined resources must provide for both husband and wife during their lifetimes. These rules allow a well spouse, with an ill spouse resident in a nursing home, to maintain appropriate income and resource levels that greatly exceed standard Medicaid eligibility rules. For up-to-date income and resource guidelines, contact Grimaldi & Yeung to receive the current Medicaid guidelines.

Intra-Spousal Transfers are Exempt:
Transfers between spouses of any kind (stock, cash, home), are exempt and will not be considered when reviewing assets to determine Medicaid eligibility.

New York Offers a Spousal Refusal Option:
New York State offers some additional protections for the spouse not receiving Medicaid. By signing a refusal form, the non-Medicaid applicant spouse is allowed to refuse to contribute her/his income and resources to the cost of care of the Medicaid applicant spouse. This can protect assets in the name of the non-applicant spouse from being spent down and allow the applicant spouse to receive Medicaid benefits sooner.

Grimaldi & Yeung can help you evaluate all the options available to you and plan now to avoid difficulties later.