May 2023

Elder Law Update
 
 

Approximately 53 million Americans provide unpaid care to another adult, and providing adequate care to a loved one requires over 24 hours per week on average, according to the Caregiving in the U.S. 2020 Report by the National Alliance for Caregivers and AARP. However, caregivers often devote so much time and energy to caring for a loved one that they neglect to take adequate care of themselves. This has become so prevalent that “caregiver burnout” is now a common term. Caregiver burnout is characterized by physical, emotional, and mental exhaustion that may be accompanied by a change in attitude from positive and caring to negative and unconcerned. Many caregivers even feel guilty if they spend time on themselves rather than on caring for their elderly or ill loved one.

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For an elderly person to be eligible for nursing home care, assisted living, adult foster care, or in-home care from Medicaid, they must have limited income and low assets. To prevent applicants from simply giving away their resources to relatives or friends in order to qualify for Medicaid, there is a “look-back period.” This is a set period of time prior to the individual’s application during which the Medicaid administering agency reviews all the financial transactions that the applicant has made.

If someone violates the Medicaid look-back period, he or she will be penalized by becoming ineligible for Medicaid for a certain period of time. This period is known as the penalty period and is calculated by dividing the dollar value of the transferred assets by either the average monthly or daily private patient rate of nursing home care in the state where the person resides. This calculation uses a penalty divisor or private pay rate that increases annually in accordance with the rising cost of nursing home care. It is important to note that there is no maximum limit to the penalty period. What happens if you are subject to the look-back period? The answer can be rather complex.

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ONLINE SEMINARS

 

Estate and Trust Planning

Saturday, June 17 10:00 am - 11:00 am

This easy to understand, one hour seminar will help you to learn how to protect your family and wealth.

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3 Reasons to Invest in a Senior Asset Protection Trust

Saturday, June 17 11:30 am - 12:00 pm

Learn how this Trust will protect your lifetime savings.

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5 Strategies to Protect Senior Savings from Medical Costs

Thursday, June 29 2:00 pm - 3:00 pm

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Should you have difficulty registering, please contact us at
(703) 448-6121 or rukhsar@miorinilaw.com.

 

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Emma at Disney World

 

Yahne went to South Africe for vacation.