Why pay for services when it's free?

Paying someone to do something you can do for free is worth your time, peace of mind and effort.

For example:  Veteran's Benefits can be time consuming and if you did not cross all your T's and dot your I's correctly you stand a chance of getting the benefit denied.  It can also take you anywhere from 6 months to two years to get benefits. Whereas, if you used a Certified adjuster or benefits specialist/counselor it may shorten the time.

Arizona Long Term Care Systems (ALTCS) AZ Medicaid program is another one of those time consuming benefit programs.  It can take 3 - 4 months to go through the whole process with the chance to get denied.  73% of the people that apply on their own will be denied.

The State workers are not there to help you understand policy and how to use it appropriately.  This is one of the best reasons to pay someone that knows the system and can help you qualify.

AZ Medicaid medical eligibility

Arizona Long Term Care Systems (ALTCS) is one of AZ's Medicaid programs.  You have to be financially and medically eligible to qualify for assistance.

When we talk about medical requirements it does not mean you or someone you care for has to be in a nursing home.

The applicant must need care now that is equal to care provided in a nursing home setting.  The applicant needs to score 60 or more points to be eligible.

This means a diagnosis of Parkinson's, Alzheimer's or dementia are needed.  IF, the applicant does not have a diagnosis 10 to one ALTCS will deny.

ADL's (activities of daily living)  used to be enough to qualify someone if they needed help with bathing, dressing, etc.  Not anymore, a diagnosis (see above) is required.

Getting the right help to establish eligibility is crucial.  73% of applicants that apply on own are denied.

What is income & what is a resource?

Recently, I have noticed people do not understand the difference between income and resources (assets).  

This is very common for Medicaid/ALTCS applicants. 

Income is  money coming in via wages, Social Security benefits,  pensions (either earned or unearned) on a monthly basis via direct deposit or a check.  

Resources or assets are anything of value that can be converted into cash such as a bank account, stocks. bonds, CD's etc.

Income is not a resource in the month it is received but if not spent then the following month of receipt it becomes a resource or asset. 

Some resources produce income such as dividends and interest.

Importance of Power of Attorney

Recently, I saw a Financial Power of Attorney (one page only) and a Health Care Power of Attorney that had an expiration date.  Lady is 90 yrs old and in good mental health however in 5 yrs when the HCPOA expires she might not be.  What happens then?  More than likely a Guardianship will be needed and the family will have to pay over $10,000 in attorney fees, court costs and other expenses.

Why would any attorney put an expiration date when the client could be unable to sign a new one sooner than later?

It could be they went to an attorney that does not understand Elder Care or believes the document should have an expiration date.

When getting your documents in place (Estate Planning) it is a good idea to go to the correct attorney. If you are young and have minor children then an Estate Planning attorney will be good.  But if you are at retirement age you might want to consider meeting with an attorney knowledgeable in the Elder Care area. Planning for the unforeseen future will save you time, money and trouble.

Power of Attorney documents need to be more than one page to cover all of the areas that may come up such as: gifting, creating Trusts of any kind, include language that will allow the bank, life insurance or brokerage firms to work with you.

Be diligent and aware when getting your legal affairs in order.

What is ALTCS?

MEDICAID/ARIZONA LONG TERM CARE SYSTEM

            Since 1982, Arizona has participated in the Medicaid program through the operation of the Arizona Health Care Cost Containment System ("AHCCCS") under a federal waiver allowing payment of federal Medicaid dollars into our homegrown version of a managed care program.  In 1987, the state legislature added long term care services to the AHCCCS program by establishing the Arizona Long Term Care System ("ALTCS") for Medicaid-eligible persons who are elderly (over age 65), or physically or developmentally disabled.  As a result, ALTCS is a separate division of AHCCCS, operating under Medicaid long term care rules.  Although the names are different, it is correct to say that ALTCS is Medicaid. 

            Benefits available under the ALTCS program range from home care services and assisted living to care rendered in an adult foster care home or skilled nursing facility.  Because ALTCS is a needs-based program, a person must be both medically and financially "needy" before long term care services are rendered.  

Why having a Trust is better than a Will

A Revocable Trust dictates how your want your property to be handled while you are alive as well as distributed after your death.  If a person dies without a Trust, there could be a probate to determine how to distribute your estate.  This can become a lengthy and costly process.  Having a Last Will and Testament in place can help the courts determine how to make distributions, but it does not avoid the probate process.  The probate process validates the Last Will and Testament if one exists, however this process allows public access to the deceased’s estate and it opens up the estate’s distributions for public viewing.   That is why you should not only create a Will but a Trust as well.  If set up properly, the Revocable Trust will not go through the probate process, this is because the owner of the property (the Revocable Trust) did not pass away, just the person in the role of the Trustor or Grantor (you).  The successor Trustee will be able to step in and handle the affairs of the Trust, including the distribution of the assets.

Most families like to use Trusts to minimize inheritance taxes that can be associated with the transfer of assets from parents to children or grandchildren.  A Trust also allows parents to remain in control of their assets and decide on the distributions amounts and place age restrictions on the beneficiaries as to when they receive the assets.  It can also ensure providing for family members who are disabled.  Some Trusts can be created for the purpose of protecting assets and build lasting framework for the family’s wealth.  The key to a successful Revocable Living Trust is to create one that best suits the family’s needs and one that will function properly over time and ensure to fulfill the wishes of the Trustor.  For more information on creating your Revocable Trust, call the Dana Law Firm.

Ask the Expert series focuses on family pets - Your West Valley News: Elmirage

Ask the Expert series focuses on family pets - Your West Valley News: Elmirage