Elder Law Attorneys specialize in handling a wide range of legal issues that affect seniors financial and legal security. Even if you feel confident in your own abilities to plan for the future, there are many laws that may complicate your plans.

Elder law varies greatly by state. If your senior parent resides in another state and you are legally acting upon their behalf, seek out all specific documents necessary to prepare for that state in which your senior loved one resides.

Most attorneys focus on protecting assets while providing for the best care possible.

Services

Consulting an attorney on a variety of options that may be available for your loved one is key. Allow the attorney to:

  • prepare important documents such as a last will and testament and medical directives.
  • work on social security and disability claims
  • help with financial planning and estate planning.
  • provide key information on Medicaid and Medicare applications.
  • assist with signing nursing home contracts.
  • be your advocate if problems arise once a senior is already in a residential care facility.

Specialization

The National Academy of Elder Law Attorneys (NAELA) can assist you in finding a qualified attorney in your specific area/state.

Preparation

It is vitally important to make decisions on who will act legally on the behalf of a parent while they are mentally competent.

  • Know your senior’s financial history current and past.
  • Gather documents such as Power of Attorney, Health Care Directives, Last Will and Testament, and other documents that have been prepared.
  • What are the senior’s current care needs?
  • What goals are you seeking on behalf of your senior? If your senior is a veteran, or a surviving spouse of a veteran; bring proof.

Evaluation

  • Is the attorney a member of the National Academy of Elder Law Attorneys?
  • How much elder law training has the attorney had, and from what organizations?
  • How large is the firm? How many attorneys will be working on your case? What percentage of the attorney’s practice is devoted to elder law?
  • Will the attorney let you know up front how much long-term care planning will cost?
  • Are flexible payment plans available?
  • What is the attorney’s experience regarding the specific concern?
  • Will a paralegal who is familiar with your case be available when the attorney is busy?

Elder Law Articles

  • Financial preparedness for your parent’s long term care - Many families today are torn apart and stressed over a multitude of questions when it comes to caring for a senior parent. When care is needed for an elderly or disabled loved one, we are faced with difficult decisions. Should we provide that care ourselves, or do we hire someone… …Read More
  • What is “Elder Law” anyway? - One of the greatest fears of older Americans is that they may end up in a nursing home. This not only means a great loss of personal autonomy, but also a tremendous financial price. Depending on location and level of care, nursing homes cost between $35,000 and $150,000 a year.… …Read More

Elder Law Radio Show Segments

  • Financial Wellness: Who Do You Trust?

    What are the criteria to use when choosing people to represent you financially? Attorney Steve Waltar from Legacy Estate Planning joins Suzanne to talk about this aspect of financial and legal wellness, one of the eight foundational principles of senior wellness featured this summer in the Vitality Revolution podcast series.

    Steve explains, “I think the easiest one is the healthcare power, because it is not a popularity contest. It does not matter whose feelings you’re hurting. This is your body. Who do you trust to make collective decisions that might lead to your death? Who do you trust? It’s usually a spouse first. Not always, especially as people age. It might be that someone’s not doing mentally well enough.

    “But the harder one I think is the financial. You first have to look at your assets and an estate planner, I have to know what they are. When we’re trying to choose someone, we want to figure out: do they have the experience and knowledge to manage your financial affairs properly? Do you have rentals? Do you have stocks and bonds? What kind of assets do you have called upon to make a decision that may affect other family members? Will your trustee, your personal rep, your power of attorney, act in a fair and unbiased manner?

    “Sometimes that shouldn’t be a child. Sometimes it should be someone you work with, or a peer, or uncle, something like that. Do they have an investment experience? Do they have enough time? Sometimes kids are just so busy in their jobs and with young kids, they don’t really have the time to do it. It’s not an easy decision. It’s not that difficult, but you don’t want to just presume it’s the oldest child. Look at the assets, look at how the children get along. Sometimes I have people wanting to list their 18 year old kid. No, they haven’t lived on their own, they haven’t paid a mortgage. They don’t know things. They could be great down the road, but not now.”

  • Financial Wellness: Family Meeting

    Communication is key. Are we communicating our wishes properly to family members when preparing estate documents, to ensure our wishes are carried out in case something happens? Attorney Steve Waltar from Legacy Estate Planning joins Suzanne to talk about this aspect of financial and legal wellness, one of the eight foundational principles of senior wellness featured this summer in the Vitality Revolution podcast series.

    Steve says, “I do think communication is really important. We encourage people when they sign their wills and trusts to bring in the children, or bring in whoever is the successor trustee, kind of the trusted next person in charge, to be at the actual signing. Last week, a client set up a meeting just because his daughter used to be overseas and now she’s in Colorado, and he wanted me to meet her.

    “I think that’s great to actually have a meeting. My dad did that. I remember it’s a little awkward hearing your parents talk about death, and who’s in charge, and what happens. But it’s a really good way to honor your parents. If you’re on the receiving side, you just don’t put it off, don’t make it awkward. They want to share, let them do it. My client had a family meeting every year, and it kind of got long-winded. As attorneys, we’re not going to share documents with the next generation until there’s a death. But we encourage people to talk about this sort of thing.”

  • Financial Wellness: Investing Rules

    Are you preparing for the future financially? Attorney Steve Waltar from Legacy Estate Planning joins Suzanne to share four simple investing rules. Financial wellness is one of the eight foundational principles of senior wellness featured this summer in the Vitality Revolution podcast series.

    Steve cites four simple rules: 1) be invested, in stocks and bonds; 2) be diversified; 3) rebalance at least quarterly – and most people don’t rebalance often enough; and 4) review your fees – not the only thing that matters, but some are paying a lot more than needed.

  • Financial Wellness: Wills and Trusts

    Attorney Steve Waltar from Legacy Estate Planning joins Suzanne to talk about financial and legal wellness, one of the eight foundational principles of senior wellness featured this summer in the Vitality Revolution podcast series. Are you preparing for the future? Topics include investing in long term care as well as critical documents to have in place as you age.

    Steve says, “I’m an estate planning attorney, so I think you need to have your documents in place. It’s very different when you’re young. You may need a will to list guardians and then when you’re older, a need trust to do tax planning and then sometimes you need to start giving things away to plan as an elder. But you need really clear financial powers, health care powers, you have to have that stuff lined up. Because if you fail to plan, then the state will take over and it might not even be your loved one that is making care decisions for you.

    “People don’t plan to fail, they fail to plan. Statistically, it’s somewhere between 70 to 80% of people who die without a will. And a will is kind of a starting point. A will may be really important, but it may not be that important. It may be that powers of attorney are way more important, and management, and incapacity.”

  • Upcoming Podcast: Seniors, Special Needs, and the Law

    Elder Law attorney and passionate special needs advocate Jim Koewler joins Suzanne to talk about a new podcast show coming soon. Hosted on the SeniorResource platform along with Answers for Elders, it’s going to be called “Seniors, Special Needs, and the Law.”

    Episodes will discuss long term care issues; some estate planning issues, mostly how it affects long term care; special needs issues; care coordination; and Jim hopes to create an information source that clears up the confusion surrounding these issues. He’ll revisit Medicare, Medicaid, and the VA program, so that people can listen and be prepared to deal with these circumstances.

    Learn more at http://www.protectingseniors.com or email Jim at [email protected].

    Transcript

    Suzanne: And welcome back everyone to Answers for Elders Radio Network. And we are here with elder law and special needs attorney Jim Koewler, who is based out of Richfield, Ohio, and serves seniors and those with special needs in the state of Ohio. And we are very thrilled to have you on our program, Jim. And one of the things that’s really exciting about working with you is, you and I have worked for together for a long time. You’ve mentored me, you’ve helped us in Answers for Elders, make sure that we provide the right information. And so as we have grown over time, I’m very, very excited. They always say, we’re doing amazing things. Well, we wouldn’t be doing amazing things if it wasn’t for people like you. And as a result, we’re so proud to have you featured on Answers for Elders for your own podcast coming up soon. Tell us a little bit about it. And what is it gonna be?

    Jim Koewler: Thank you. Well, first thing I had to do is get over the blushing over those compliments. Thank you so much. Fortunately, this radio so no one can see it. The podcast is gonna be hosted on the SeniorResource platform like yours is, and it is going to be called “Seniors, Special Needs, and the Law.”. Thank you, Suzanne. That was actually your suggestion.

    And I’m gonna talk about long term care issues, some estate planning issues, but mostly as the state planning impacts long term care. I’m not a will guy. I don’t want to write your will. I’m gonna talk about special needs issues. And again, estate planning can include planning ahead for special needs. I will obviously talk about care coordination because at some point I’ve got to get my nurses on there, otherwise there will be a mutiny. And I hope to create an information source that takes, to the extent possible, the confusion that surrounds these issues — because they are very complicated — and breaks them down to make them as simple as possible. I will not be able to, in the time allowed, teach someone to do what I do, just because you’re not gonna do this unless you immerse yourself in it. You’re not gonna learn this as a one off. But I really hope to create an opportunity for people to learn. I’m gonna be reusing some of the things you and I discussed on your podcast before I set up my own. And so we will be revisiting Medicare on my podcast. And we will be definitely be talking about estate planning, but really with an eye toward long term care, but I’m gonna try to explain Medicaid, try to explain the VA programs that help pay for long term care so that people are prepared for this stuff.

    Suzanne: I think some of the things that you’ve made our audience aware of is, there’s all kinds of little gotcha things in contracts that we may sign when we’re interviewing long-term care providers. There’s little things that we don’t even think about, and a lot of times families that are trying to navigate this very confusing world as it is, it’s a very emotional and deeply personal time. And that’s terrifying.

    Jim Koewler: Yes, goes into just assuming that they’re signing something that’s OK, and don’t know any better.

    Suzanne: Sadly sometimes we sign contracts that we don’t necessarily know what’s in them. And I think this is some of the things that you’ve been able to help our families with, and you know, what we get back from the interviews I’ve done with you is to say thank you for Jim because he’s been really a watchdog on little things that you need to be aware of at a time, and having your information available 24/7 is so vitally important.

    There was a family not too long ago that listened to [a shot about] how to negotiate, I think it was, nursing home contracts, and you had talked about these clauses that sometimes they will put in — and they caught one, and it was because of your podcast. So again, those are the things that we really are appreciative o,f because you are such an advocate for our seniors and those with special needs. We’re just so thrilled that you’ll be offering this show. So you’re gonna do your own podcast. Now, what’s the set up gonna be like, are you gonna interview people? Are you gonna share information on your own? What is your plan?

    Jim Koewler: At least initially, in large part simply to get it out and get it started, I’m going to talk myself about what I know. I hope I don’t turn over the talking heads that we all know about, but at least, at first, that’s what I’m gonna do, because I have a lot of content, and I need to get it out there. I haven’t yet found people who talk about these issues the way I do. I’m a bit of a flaming jerk about some of them, and I want people to know what they’re getting. I’ve got lots of great colleagues, but no one who is as blunt as I am.

    Suzanne: We need that, we need that when it comes to you. That’s a good thing.

    Jim Koewler: So do that first, in what I know. And then I, and I’m gonna be interviewing people in related jobs, for example, my care coordinators, I’ve been talking about, patient advocacy. I, at some point, I hope to start talking to colleagues in other states, and so people can start to understand the differences because Ohio is uniquely difficult where other states are not difficult, and California is notably easy and becoming easier. But then again, regulation of nursing homes and the quality of nursing homes are different from. So I hope to make it more national. But first, we’re gonna talk about the basics with a lot of Ohio mixed in xtensively, because it’s what I know, and me as a voice. Now, we are gonna videotape or computer tape, whatever you call it. So it will be available, I assume on YouTube. But I’m not the tech guy for that. So, we will do it and we’ll see what happens.

    Suzanne: Yes. Yes. And so Jim, it’s coming soon and we say soon it could be, what, a month from now approximately would you say?

    Jim Koewler: I’m not holding my breath on a month, let’s say six weeks, I hope?

    Suzanne: Ok. So stay tuned on Answers for Elders. Of course, we’re gonna be promoting Jim’s podcast. And in the meantime, Jim, thank you so much for being on our show. And for those of you interested in contacting Jim, it’s protectingseniors.com, and it is just been an honor to have you with us. Thank you so much for being here, Jim.

    Jim Koewler: Thanks, Suzanne. Always great to be with you.

  • How an Elder Law Attorney Helps Families

    Elder Law and special needs attorney Jim Koewler helps those who need long term care now, as well as people who are worried about needing it in the future. In cases where someone already needs care, he helps find ways to pay or the care, either through Medicaid or VA benefits or other means. If they have too much money, he can help them shelter some of their funds to help them qualify for benefits.

    Jim also works with care coordinators who look after their care, if they’re in a home setting. His care coordinators are nurses. He helps people throughout Ohio with legal and financial work, but the care coordinators want to see their clients in person monthly, so they limit themselves to areas near their office in northeast Ohio.

    If you’re outside of Ohio, and want to find someone with similar services, go to lcplfa.org, the website of the Life Care Planning Law Firms Association.

    Learn more at http://www.protectingseniors.com or email Jim at [email protected].

    Transcript

    Suzanne: And welcome back everyone to Answers for Elders Radio Network. And we are here this hour talking to Jim Koewler, who is an elder law and special needs attorney based in Richfield, Ohio. And Jim has been a dear friend of mine for a very long time. An amazing, amazing man that is there to advocate for those of us who are seniors like me and also those with special needs. And Jim, it’s so great that you spent the first half of this hour talking about Medicare. But I wanna dive in a little bit… a lot of people may not know what an elder law attorney does. How do you help families?

    Jim Koewler: Ok. Now I won’t say this is what all elder law attorneys do. There is a national organization, and if you pay the dues, you can call yourself an elder law attorney. So what I do is ,I help people who need long term care. People who are worried about long term care in their future, or people who have special needs or, well, frequently through the families of either the ones who need care or the one who have special needs. But my client is the one who has special needs, or the one who needs care, or they’re worried about care in the future period. I won’t do it any other way.

    In cases where someone already needs care, I am usually helping them figure out whether Medicaid for long term care is the approach that they should use or VA benefits to pay for long term care, which most people call Aid and Attendance. But technically, it’s called the pension program. And then helping them implement those, and if they have too much money to qualify for those, I can, if they choose, help them keep some of that money where they want it to go, which is usually inside the family, and still help them qualify for benefits. They won’t be able to shelter all their money and qualify for benefits. That’s not how it works, right? But I can shelter some, which usually helps them feel better about their situation because they didn’t lose everything, and they left a legacy.

    And then, as I have mentioned before, although it may have been edited out because I talk too long,I work with care coordinators who look after my client’s care. If they need care, they look out after their care and services, if the services means not in a nursing home. If they are in a home setting, which definitely applies to special needs, but can’t also apply to long term care.

    My care coordinators happen to be nurses, so I can help people all over Ohio with the legal work and can also give them advice on if we’re gonna pay, use their money to pay. Your IRA, 401k, your CDS, your savings bonds. Which one makes sense to spend, which is kind of a cash flow and tax thing, and ease of inheritance thing. And so not so much legal work as what makes sense and how do we lose the least money overall. But my care coordinators — because we want to see our people at least once a month, we literally wanna put eyes on them once a month, not phone in, we want to see them — they can only cover so much. So my main clientele are in northeast Ohio. I have a care coordinator in Highland Heights, which is right up near Lake Erie, and she can go as far away as Lorraine County and, that’s in Cogar County. She can go one county in many directions. And then I’ve got two care coordinators in southwest Summit County, which is where Akron is, and they get around there.

    Suzanne: We’re thrilled to be broadcasting the show in the state of Ohio. But if somebody’s interested in what you do, how did they reach out to someone like you in their state?

    Jim Koewler: Ok. If you want to reach out to someone like me who has care coordinators, go to lcplfa.org, the Life Care Planning Law Firms Association. And I’m actually going to a meeting of that organization tomorrow.

    Suzanne: I will make sure that we post that information in on our show notes. So in the meantime, how do people reach you if they’re in the state of Ohio? I know you have a great website address…

    Jim Koewler: ProtectingSeniors.com., which is short for my tagline, protecting seniors and people with special needs. There is a contact button there. You can also check out my blog or protecting seniors news, but it’s way out of date.

    Suzanne: We will absolutely be right back and we’re gonna talk a little bit about Jim’s podcast that is going to be featured on Answers for Elders very soon.

  • How to Deal With Threats to Discharge Your Loved One, Part 2

    Elder law attorney Jim Koewler joins Suzanne to talk about what to do when a care facility threatens to discharge or evict a senior loved one. There are specific federal rules that apply when the reason for the discharge is failure to pay:

    • No “failure to pay” if Medicaid application is pending
      • If not first application, there must be difference from first
    • Maybe no “failure to pay” if state hearing or appeal is pending
    • Facility may try to discharge despite the Medicaid application

    Just the fact that they are prohibited from these discharge threats doesn’t mean they won’t try. If they succeed because the family doesn’t know any better, then they get away with it.

    If someone wants to challenge a threat to discharge, make sure you follow all these steps:

    • Appeal instructions are in the discharge notice
    • Appeal to the appropriate governmental office
      • Include a copy of the proposed discharge paperwork in your appeal
      • Send a copy of your appeal to the facility

    Have the written discharge notice before you began your appeal. You have 30 days, but don’t wait to appeal — if you don’t appeal soon enough, the facility can go ahead and discharge them. If you win your appeal after that, the facility is first in line to take them back, so long as they have the space.

    Possible defenses against the discharge:

    • Challenge the reason for discharge
      • If discharge is for failure to pay, show there is a pending application or appeal
    • Challenge the choice of their new facility as not appropriate
      • If it’s your home, for instance, show how it can’t meet the loved one’s needs
    • Challenge failure of proper notice

    In a hearing, the nursing home or assisted living facility goes first, because they carry the burden of proof. When it’s your turn, you’re probably going to have to be specific about why the new place isn’t appropriate. The hearing officer will assume because it was on the notice that it’s appropriate, unless you say otherwise. Challenging them is not easy. Every family should have an elder law attorney, because all sorts of situations happen.

    Watch on YouTube to see slides from Jim’s presentation. Learn more about Jim Koewler at his website.

  • How to Deal With Threats to Discharge Your Loved One, Part 1

    We sign all sorts of paperwork when a senior loved one is admitted to a nursing home, assisted living, or memory care community. But often we don’t know what we’re signing. Elder law attorney Jim Koewler joins Suzanne to explain exactly what we’re signing, and helps us spot legal red flags in the paperwork.

    This segment focuses on a care facility’s threats to discharge or evict a loved one. These rules apply to communities that take Medicare or Medicaid, regardless of whether your loved one is using those programs. If they’re private pay, if there’s a problem along the way, these laws may still apply:

    Must give 30 days advance notice, unless

    • Resident’s health has improved
    • Resident hasn’t yet been there for 30 days
    • Health or Safety Emergency to anyone in the facility
    • Medical Emergency for Resident (Hospitalization)

    Must still give notice as early as is practical

    The “health or safety emergency” is often used in cases where a resident has improperly touched or threatened others.

    The notice of discharge must contain:

    • Reason for proposed discharge
    • Proposed date of discharge
    • Proposed new care facility
    • Right to a hearing and how to request it
    • Long-Term Care Ombudsman contact information

    The proposed new facility may not be the site where the loved one ends up going, because of circumstances that happen in the ensuing 30 days, but a site must be proposed.

    While preparing to discharge:

    • A new place must be able to meet care needs
    • New place needs to agree to take the person
      • Not necessarily at time of notice of discharge
      • Required at time of actual discharge
    • Old place must ensure a safe, orderly discharge

    Given the threat of discharge to your residence, anyone challenging the discharge should say that your residence is unable to meet care needs, or else the hearing officer can assume whatever is on the notice is appropriate. They may say you have to come and take your loved one, but no, that is not a safe discharge. They have to make transportation arrangements.

    The ombudsman should give you this information, but we don’t know that they will, or how much they know. Services in the Seattle area such as Sound Generations and Homage Senior Services help seniors with discharges and qualifying for Medicaid. Reach out to your city or county departments of aging but

    Watch on YouTube to see slides from Jim’s presentation. Learn more about Jim Koewler at his website.

  • How to Spot Red Flags in Admission Agreements, Part 3

    Elder law attorney Jim Koewler joins Suzanne to talk about the admissions paperwork we have to sign when a senior love one comes into a skilled nursing facility. Most nursing home and assisting living agreements now have a spot where they want someone else from the family to sign as “resident representative.”

    Subject to federal rules, the Resident Representative:

    • Promise to pay from resident’s money
    • Has “Sole” control of the resident’s money
    • “Volunteer” to guarantee payment
    • Will take in resident if the nursing home discharges the senior loved one

    The second point you’re signing, that you have “sole” control of the resident’s money, is often not the case. You may have the ability to spend mom’s money as power of attorney, but you don’t have sole control unless you’re the guardian of their estate — your mom can still also spend her money. If you sign that, you’ve already lied. The admission person handing this for you to sign doesn’t know the difference, but the nursing home’s attorney knows it isn’t true and has put it in there anyway.

    The third part means if you sign this, you personally will be held accountable to pay bills. The fourth part meets state and federal rules for the nursing home to provide a save environment in case of discharge.

    You don’t want to agree to these items if you can avoid it. If there’s a Medicaid mess-up, then you become responsible for the private pay of your loved one’s care. This actually happened to Suzanne, who signed admission papers for her mom even though she wasn’t her mom’s power of attorney, because someone had to fill out the forms, and by signing, she “volunteered” to cover the bills.

    How do you avoid this? Watch for it; cross it out. Or if you don’t want to draw attention to that, sign your name with a comma, followed by POA. This means that you’re signing this on behalf of the loved one, not as your individual self, which legally protects you from agreeing to consequences that affect you personally.

    Suzanne urges anyone who’s facing these situations to consult with an elder law attorney so they you can avoid the situation she found herself in.

    Watch on YouTube to see slides from Jim’s presentation. Learn more about Jim Koewler at his website.

  • How to Spot Red Flags in Admission Agreements, Part 2

    Elder law attorney Jim Koewler joins Suzanne to talk about the admissions paperwork we have to sign when a senior love one comes into a skilled nursing facility. In part one, they talked about how the agreement should document what services are available that meet your loved one’s needs. This segment focuses on aspects of the agreement that are subject to federal rules.

    Under CMS rules, a place that takes Medicare and Medicaid:

    • Can’t demand giving up right to Medicaid, unless the facility doesn’t accept Medicaid
    • Can’t demand a waver of personal property loss
    • Arbitration Agreement: Resident can reject at signing, can rescind up to 40 days after signing
    Watch on YouTube to see slides from Jim’s presentation. Learn more about Jim Koewler at his website.

  • How to Spot Red Flags in Admission Agreements, Part 1

    This hour addresses all the paperwork — legal contracts — involved in a loved one’s transition to senior living. Sometimes you’re electronically signing your name and initialing a few signature blocks on an iPad, but you aren’t shown the 50 related pages that are on the document you just signed. You’re under the gun in an emergency and need to arrange for a care now, and you just assume you’ll sign this, and mom or dad will be taken care of, and everything will be OK. Usually it is. Today we’re talking about troublesome clauses that might be in the underlying contracts you were asked to sign with or for your loved one.

    Elder law attorney Jim Koewler joins Suzanne to showcase red flags to watch for. They apply to nursing home, assisted living, and memory care admissions. First off, this agreement must document what services are available that meet your loved one’s needs, and they must disclose limitations on service. Watch on YouTube to see slides from Jim’s presentation.

    Lead image © Can Stock Photo / daisydaisy

  • Overview of VA Long Term Care Services

    Elder law attorney Jim Koewler joins Suzanne to talk about presumptive qualifications for VA Compensation, particularly service during Vietnam, in which veterans are presumed to have been exposed to Agent Orange if certain disabilities have occurred.

    At the 6 minute point, Jim talks about services administered through the health side of the Department of Veterans Affairs, the same group that runs the VA hospital. Available services include geriatric evaluation, adult day health care, respite care, and skilled home health care. There are also a number of services available, tied to being in a particular residence. They help support assisted living, residence at adult family homes, and others. To qualify, you have to qualify for VA Compensation or VA Pension, have to have income low enough to qualify, and if you don’t qualify for some other government benefits.

    You can see slides from this presentation on the YouTube video below. Learn more at http://www.protectingseniors.com or email Jim at [email protected].

  • Rates for VA Compensation, a.k.a. Disability

    When qualifications are met, the Department of Veterans Affairs rates the level of disability, from 0 to 100 in increments of 10. The money received is based on that level. Elder law attorney Jim Koewler joins Suzanne to talk about the money paid out for VA Compensation. A single, 100% disabled veteran would qualify for $3,332.06/month in 2022, whereas for a married veteran the level is $3,517.84/month. A person’s rating level can be appealed, and the money is adjusted for cost of living each December. On top of Compensation, a special monthly compensation can also be paid, and the money varies.

    As of 2022, based on the level of difficulty, Compensation rates for surviving spouses is a maximum of $1,437.66/month. An additional $305.28/month is available if the veteran was totally disabled due to a service-related ailment for eight years. They qualify for an additional $306/month for two years after the veteran’s death if they have minor children, plus $356.16/month additional per minor child. If the spouse qualifies for Aid & Attendance, they qualify for an additional $356.16/month or $166.85/month if the spouse is housebound.

    You can see slides from this presentation on the YouTube video below. Learn more at http://www.protectingseniors.com or email Jim at [email protected].

  • Qualifying for VA Compensation, a.k.a. Disability

    Elder law attorney Jim Koewler joins Suzanne to talk about qualifying for the federal program known as VA Compensation. There is also a Compensation program for surviving family members left behind when a veteran has died during their active service time or training in the military. There is no requirement for having to serve during wartime. There is special monthly compensation for a veteran or a surviving spouse, child, or parent who has certain disabilities or needs help with at least two activities of daily living: eating, walking, bathing, getting in and out of a bed/chair, cleaning up after going to the bathroom, grooming, dressing.

    When qualifications are met, the Department of Veterans Affairs rates the level of disability, from 0 to 100 in increments of 10, which is up to the case manager. If the rating is 0, it was still established to be related to a service-related injury, and if the disability worsens later in life, you just have to demonstrate that it’s worse, and the level could be raised.

    You can see slides from this presentation on the YouTube video below. Learn more at http://www.protectingseniors.com or email Jim at [email protected].

  • Overview of VA Compensation, a.k.a. Disability

    If someone in active military service is injured or becomes ill, or has some prior injury or illness exacerbated by their service, and later in life it results in a disability, then they’re entitled to VA Compensation. Elder law attorney Jim Koewler joins Suzanne to talk about the benefits of this federal program run by the Department of Veterans Affairs. Compensation is available to certain veterans and certain surviving veteran family members. VA has a program Congress called Pension, in which a veteran or spouse qualifies, for serving in the military during a time of war, and who now need more health services than they can afford, if you qualify for Pension and you also need help with Activities of Daily Living, they can get Aid & Attendance on top of Pension. If you get Compensation, and also need help with Activities of Daily Living, you can also get Aid & Attendance on top of Compensation.

    This is a disability program, not limited to people who served during a time of war the way that VA Pension is. Medical and personnel records are very important to show the disability occurring now is connected to something that goes back to their time in the military.

    Before going into further details, Jim revisits some items he discussed about Pension in earlier podcasts, in particular accreditation and discharge papers. You’ll want to request a copy of the discharge papers that the VA will see. For people have a dishonorable discharge, they may be able to get it changed.

    You can see slides from this presentation on the YouTube video below. Learn more at http://www.protectingseniors.com or email Jim at [email protected].

  • Medicaid if You Have Too Much Income

    If you’re applying for Medicaid, what happens if they say you have “too much income?” Elder Law Attorney Jim Koewler joins Suzanne to discuss this interesting scenario. You would need to seek a lawyer, set up a qualified income trust, called a “Miller trust,” and then you have to use that trust every month, in order to even qualify for Medicaid. Income is a monthly event, so watch your state’s rules, which can be very complicated. Learn more at http://www.protectingseniors.com or email Jim at [email protected].

    Lead image: courtesy of Pexels/Rodnae Productions

  • Medicaid If You’re Married And Have Income

    If you are a married couple, what happens to your income as a Medicaid applicant? Elder Law Attorney Jim Koewler joins Suzanne to answer this question. They must be married; some states recognize common law marriage, others not. The income of the well spouse does not get to be used under Medicaid rules to pay the expenses of the ill spouse. That doesn’t mean that a nursing home might not try. If the ill spouse has more income than the well spouse, things get complicated — the ill spouse may have to share some of their income to the well spouse to use. If the well spouse’s housing costs are greater than “average,” they may get to have more of the ill spouse’s income. Learn more at http://www.protectingseniors.com or email Jim at [email protected].

    Lead image: courtesy of Pexels/Marcus Aurelius

  • Medicaid If You’re Single And Have Income

    If you are a single Medicaid applicant, what happens to your income? Almost every dollar is accounted for in the Medicaid rules. Elder Law Attorney Jim Koewler joins Suzanne to talk about where can you expect that money to go. Talking in generalities, regarding income for a single person, a person’s income is used first, before Medicaid dollars. There are three places where money is usually going to go: 1) your personal needs allowance (spending money); 2) rent if you’re in an assisted living community; and 3) health insurance premiums. Whatever’s left goes to pay the costs of care so Medicaid doesn’t have to. Learn more at http://www.protectingseniors.com or email Jim at [email protected].

    Lead image: courtesy of Pexels/Cottonbro

  • Medicaid When You Have Income

    Elder Law Attorney Jim Koewler joins Suzanne to talk about how Medicaid and other long-term care situations handle retirees who continue to receive income the rest of their lives. Income payments can come from Social Security retirement benefits, disability benefits, pension payments, VA pension payments, annuity payments, or income from rental properties. Learn more at http://www.protectingseniors.com or email Jim at [email protected].

    Lead image: courtesy of Pexels/Andrea Piacquadio

  • All About Spend Downs, Part 4

    When talking to an elder law attorney, what questions should you ask about spend downs, and what questions you should be prepared to answer? If you have the power of attorney for a senior loved one, how do you start the conversation with the family about their assets, and how do you best navigate this with them? Elder law attorney Jim Koewler joins Suzanne Newman to answer these questions.

    Many people have false assumptions about Medicaid. The biggest question is how much care is needed. Most people don’t think they want assisted living, but also don’t realize the family burdens this creates to provide them with 24/7 care forever. This is an unrealistic expectation, because the quantity of care eventually exceeds caregiver ability, and the person receiving care then struggles when they aren’t getting the support they need.

    Start the conversation with, “I want to try to keep you home, but what happens when I don’t think I can any more?” That is a difficult question to ask, but it has to be asked.

    What next? Unless the caregiver is an RN with long-term care experience, explain that you’re not an expert with the type of care they may eventually need, so seek out a geriatric care manager. Go to https://www.aginglifecare.org and search for one near you. Tell your family that you need to gain some expertise on what your loved one is likely to need down the road. Make a care plan with professional input.

    Find out what’s expected of you: what kind of care your loved one wants. Make sure you have power of attorney, so medical personnel can talk to you about their care. Your caregiver should have general power of attorney for you — if they’re caring for you, empower them to pay for your care.

    Even if care isn’t needed yet, notification of power of attorney should be given to banks and investment houses so legal departments have time to look over the legal documents. Don’t put this off until an emergency arises, as you don’t have to have to wait for legal reviews in order to get funds.

    For spend downs, you have to ask about, and know about your loved one’s assets.

    Jim Koewler addresses later-life financial and legal issues. Talk to an elder law attorney to guide you in your state with your situation. Learn more at Answers for Elders or at Jim’s website.


    Lead image © Can Stock Photo / designer491.

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