There are numerous services offering legal services that promise to be cheap and effective. Be careful. Often, you get what you pay for.
Words and phrases such as estates, nursing homes, mental incapacity, long-term care costs, trusts, and probate administrations do not exactly inspire feelings of wonder and excitement in most folks. Planning for these potential events can often seem a little scary and confusing.
At Darpel Elder Law, we hope to guide, teach, and see you through these legal mazes. To learn more about particular legal topics, please explore our blog.
If you have a family member with a disability, you have probably wondered how to protect their financial assets while also helping them remain eligible for important benefit programs such as Medicaid and Supplemental Social Security Income (SSI).
One strategy to limit or avoid the need for probate is to establish a Revocable Living Trust and transfer assets to the trust. A Revocable Living Trust is an agreement allowing you to manage assets during your lifetime, and distribute assets to beneficiaries automatically upon death. The trustee – either yourself or another person – will manage, invest, or withdraw from the trust during your lifetime as appropriate. The trust will also designate a successor trustee (if needed) after the original trustee’s death, and identify beneficiaries.
It is easy to confuse the Living Will and a Health Care Power of Attorney, or lump them together as something to be figured out later. However, if you are starting to consider an estate plan for yourself or a loved one, the time to think about these two separate devices is now.
Preparing for the possibility of long-term care for yourself or a loved one is a daunting task. First and foremost is the cost, which depends on the type and duration of care you need, the provider you use, and where you live. Currently, the cost of long-term care in a skilled-care facility in Northern Kentucky can range between $9,000 to $12,000 monthly. A home health aide, meanwhile, can cost at least $4,000 per month, depending on the type of care provided. The level of care and living arrangements can affect your costs greatly, and there are various types of long-term care available.
Sadly, a conservatorship or guardianship is sometimes used to exploit or control someone who’s vulnerable.
Don't let Medicaid estate recovery take more than what they're entitled to.
Does Your Kentucky Estate Plan Need a Letter of Competency? Many Kentucky seniors understand the importance of drafting a last will and testament. Just as important is making the necessary updates and changes to your will, and destroying previous copies to avoid a dispute over the true and corr...
The Medicaid Lookback period is often misunderstood. It can also be used to your advantage!
Gifting and Medicaid eligibility can be confusing.
Some of the early symptoms include memory loss, confusion, agitation, restlessness, difficulty sleeping, irritability, repetition of phrases or sentences, and rapid mood swings.
A Resource Assessments will ultimately determine a married couple's specific asset levels to achieve Medicaid eligibility.
Probate is usually necessary only when a person dies having had sole ownership of an asset without a beneficiary designation.
Medicaid and Medicare are different programs that cover different health care needs.
The CDC states that one in four elderly people over 65 will fall each year, but more than half do not share this with their family members or primary care physician.
The Medicaid rules for a married applicant are designed to protect the Community Spouse from impoverishment.
The Five-Year Look-Back is something that should always be considered when Medicaid/nursing-home planning.
When Should We Begin to Plan for Our Loved One with Alzheimer’s or Another Dementia-Related Disease?
Alzheimer's/Dementia patients should start nursing home planning as soon as possible. However, there are a lot of strategies that can be employed when an Alzheimer's/Dementia patient is already placed in a nursing facility.
Paying for medical care and accessibility services is a challenge for everyone, but especially for parents of disabled children. Modifying the home, providing educational opportunities for your child and obtaining the best medical care and services for your child is not cheap. What strategies are...
Comprehensive long-term care planning with an experienced elder law attorney can help seniors identify a solution that works for them.
Drafting a pet trust gives you complete control over how your pets are fed, walked, and exercised, as well as where they receive medical treatment and other issues requiring guidance.
An adult guardianship may be necessary when an elderly loved one has a debilitating physical or cognitive disability that affects their autonomy and their ability to care for themselves and to make financial and medical decisions on their own behalf.
Some thoughts on Elder Cyber and Digital Abuse.
For those Medicaid applicants with higher incomes, a QIT may be necessary to obtain Medicaid eligibility.
Kentucky statute defines probate administration as the process of winding up a decedent's estate in court.