Chad's Blog

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.

Rural Seniors Need a Plan and a Backup Plan for Long-Term Care

Posted by Chad Seiter | Feb 16, 2023 | 0 Comments

Many nursing homes struggled financially even before the COVID-19 pandemic; a common question that seniors would ask elder law attorneys was how to tell if a nursing home was understaffed since understaffing is a main contributor to nursing care errors and preventable adverse outcomes in nursing home patients. The problem is even worse now; nursing homes in sparsely populated areas struggle to replace workers who have quit, exhausted by the stressful work, long hours, and low pay. Working as a home health aide where your patients are a long drive away from each other is a similarly thankless job. Now that the emergency funding that nursing homes received has dried up, many nursing homes are closing, especially those where most patients paid for their care through Medicaid.  Some counties are left with no nursing homes at all, and residents are forced to move to other nursing homes hours away from their families.

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Understanding Medicaid Estate Recovery

Posted by Chad Seiter | Aug 05, 2022 | 0 Comments

Planning for Medicaid, nursing home care, and the distribution of one’s estate are complicated and challenging concepts. When it comes to Medicaid, one thing many people do not know is that the Commonwealth of Kentucky has the authority to collect the costs of Medicaid benefits from a person’s estate when they pass away.

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What is Probate in Kentucky, and What Strategies Can be Used to Avoid Probate Delays?

Posted by Chad Seiter | Jul 19, 2022 | 0 Comments

Probate is the process of settling and administering estates, guardianships, and other matters. When a probate court in Kentucky is asked to settle the estate of a deceased person (decedent) this involves closing out the decedent’s financial affairs, organizing assets, paying creditors, and interpreting the will. When there is no will in place, a probate court will be required to follow Kentucky’s laws of intestate succession.

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How to Use Special Needs Trusts

Posted by Chad Seiter | Apr 11, 2022 | 0 Comments

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).

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Revocable Living Trusts as an Estate Planning Tool

Posted by Chad Seiter | Mar 29, 2022 | 0 Comments

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.

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Planning for Long-Term Care in Kentucky

Posted by Chad Seiter | Feb 14, 2022 | 0 Comments

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.

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Questioning Mental Competency?

Posted by Chad Seiter | Dec 15, 2021 | 0 Comments

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...

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