Jim Koewler - Answers for Elders

Upcoming Podcast: Seniors, Special Needs, and the Law

Elder Law attorney Jim Koewler talks about his new podcast show coming soon, called "Seniors, Special Needs, and the Law."

How an Elder Law Attorney Helps Families

Jim Koewler explains what an Elder Law attorney does, as well as how his care coordinator service helps those in need.

Medicare Supplement vs Medicare Advantage

Elder Law attorney Jim Koewler clarifies differences between Medicare Advantage and a Medicare Supplement.

March Open Enrollment for Medicare Advantage

Elder Law attorney Jim Koewler discusses what happens during the open enrollment period for Medicare Advantage between January and March.

People Needed for Your Estate Plan: Irrevocable Third-Party Trust

Listen in to learn about setting up your estate plan and the people needed to set up irrevocable third-party trusts, with elder law attorney Jim Koewler.

People Needed for Your Estate Plan: Revocable Trusts

Elder law attorney Jim Koewler joins Suzanne to talk about setting up your estate plan and the people needed to complete various documents. This segment covers revocable trusts.

People Needed for Your Estate Plan: Wills

Elder law attorney Jim Koewler joins Suzanne to talk about your estate plan and the people needed to complete various documents, such as wills and living wills.

People Needed for Your Estate Plan: Powers of Attorney

Elder law attorney Jim Koewler joins Suzanne to talk about setting up your estate plan and the people needed to complete various documents, such as powers of attorney, wills, living wills, revocable trusts, and irrevocable third-party trusts. This segment covers Powers of Attorney.

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

When a care facility threatens to discharge or evict a senior loved one because of a failure to pay, Elder law attorney Jim Koewler joins Suzanne to talk about what to do. Jim explains how to challenge a threat to discharge. You have 30 days, but don't wait to appeal. The facility can go ahead and discharge them if you don't get your paperwork in on time.

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. When a senior living community threatens to discharge or evict a loved one, certain rules apply to those communities that take Medicare or Medicaid, regardless of whether your loved one is using those programs. Elder law attorney Jim Koewler joins Suzanne to talk about those rules.

How to Spot Red Flags in Admission Agreements, Part 3

Most nursing home and assisting living agreements have a spot for someone to sign as "resident representative." Elder law attorney Jim Koewler joins Suzanne to warn about certain aspects of that. One option is to sign your name with a comma, followed by POA, meaning that you're signing on behalf of your loved one, legally protecting yourself to consequences that can affect you personally.

How to Spot Red Flags in Admission Agreements, Part 2

This segment focuses on aspects of the admissions paperwork that are subject to federal rules when a senior love one comes into a skilled nursing facility.

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. Here are some red flags to watch for in the paperwork. They apply to nursing home, assisted living, and memory care admissions.

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.

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. On top of Compensation, a special monthly compensation can also be paid, and the money varies.

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

This segment focuses on qualifying for the federal program known as VA Compensation. 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.

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.

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.

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.

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 — where can you expect that money to go? Generally, for a single person, a person's income is used 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.

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.

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.

All About Spend Downs, Part 3

How do you take care of your spouse if you need long term care now? What can you do with your money if your spouse is still at home? Elder law attorney Jim Koewler joins Suzanne Newman to answer these questions, by spending down your money to access Medicaid and VA benefits.

All About Spend Downs, Part 2

What is a Medicaid spend down? Elder law attorney Jim Koewler joins Suzanne Newman to answer this question, and shows how it differs if you're single or married. With a single person, if they want VA coverage, they have the same asset limits of $130K. If they want Medicaid long-term care coverage, they need to reduce assets to $2K, or their state's level, which is very different from the VA level. How you do that is through a spend down.

All About Spend Downs, Part 1

What do you do when you or a senior loved one needs care now — a crisis situation — and they have some money available? In this situation, one option is to choose to private pay for the care. This segment focuses on financial eligibility for married couples to receive VA pension benefits and Medicaid. If you're married, to get Medicaid you have to spend your assets down below $2,000 (Federal and Ohio levels; amounts vary by state).

VA benefits overview and the Pension program (Aid and Attendance), Part 5

Veterans benefits, claims, and appeals under the current rules: If your loved ones have spent any time in the military, they may qualify for benefits you might not be aware with. This segment covers Eligibility Update for VA Pension (a.k.a. Aid and Attendance): Financial eligibility, prior transfers, and tricky issues,

VA benefits overview and the Pension program (Aid and Attendance), Part 4

This segment continues the conversation on who is eligible for veterans benefits. If your loved ones have spent any time in the military, they may qualify for benefits you might not be aware with. This segment covers Eligibility Update for VA Pension (a.k.a. Aid and Attendance) and monthly benefits for VA Pension (a.k.a. Aid and Attendance).

VA benefits overview and the Pension program (Aid and Attendance), Part 3

Learn more about eligibility updates for the VA Pension (a.k.a. Aid and Attendance) with Elder law and special needs attorney Jim Koewler. This segment begins a conversation on who is eligible for veterans benefits and covers eligibility update for VA Pension.

VA benefits overview and the Pension program (Aid and Attendance), Part 2

Learn about Aid and Attendance, VA Disability, dependent and indemnity compensation, and more. This segment provides an overview of three basic veterans benefits: VA Pension (a.k.a. Aid and Attendance); VA Compensation (a.k.a. VA Disability); Dependent and indemnity compensation; Special monthly compensation; and VA Long-Term Care in VA Health Program.

VA benefits overview and the Pension program (Aid and Attendance), Part 1

If your loved ones have spent any time in the military, they may qualify for benefits you might not be aware with. Learn about veterans benefits, claims, and appeals under the current rules. This segment covers Accreditation, Discharge papers, and DOD (not VA) Form SF180,

How to Choose People to Represent You, Part 4

This hour is about how to appoint people to represent you in situations where you're unable to act for yourself – a who's who of people who should be involved in your estate plan. This segment focuses on Revocable Trusts — Grantors are initial trustees, Successor Trustee, HIPAA Release.

How to Choose People to Represent You, Part 3

Learn how to appoint people to represent you in situations where you're unable to act for yourself. This segment focuses on after you pass away. You can choose between a will-based estate plan or a trust-based estate plan.

How to Choose People to Represent You, Part 2

Learn how to appoint people to represent you in situations where you're unable to act for yourself – a who's who of people who should be involved in your estate plan. This segment focuses on living wills. One person does the job – pick one person.

How to Choose People to Represent You, Part 1

This hour presents a who's who of people who should be involved in your estate plan, and how to choose people to have power of attorney – specifically, the personality traits they should have. For Powers of Attorney (General and Health Care), you need to choose an Agent, First successor agent, Second successor agent, and Others.

Caregiver Resources, with Jim Koewler

There are 150 million caregivers in the United States. In this segment, Jim Koewler recommends some nationwide resources for senior caregivers: Geriatric care managers, Elder law care attorneys: National Academy of Elder Law Care Attorneys, Elder law attorneys who work with care coordinators, Nationwide web resources, Elder Care decision guides, Genworth care scout, Benjamin Rose Institute on Aging, the Alzheimer's Association, and Pro Seniors.

Planning Ahead For Long Term Care Costs, Part 4

Here is a guide to help people who are worried about long term care costs in the future. There are three basic strategies: do nothing, buy insurance, or give away assets. When giving away assets, there are two approaches: direct gifts, and an irrevocable trust. This segment focuses on direct gifts. A PowerPoint presentation accompanies this segment — watch this segment on YouTube’s Answers For Elders channel.

Planning Ahead For Long Term Care Costs, Part 3

This hour, elder law attorney Jim Koewler at the Koewler Law Firm provides us with a guide to help people who are worried about long term care costs in the future. There are three basic strategies: do nothing, buy insurance, or give away assets. In this segment, Jim goes in further detail about buying insurance. There are two approaches: the "traditional" long term care insurance, and having long term care insurance tied to an asset investment.

Planning Ahead For Long Term Care Costs, Part 2

This hour, elder law attorney Jim Koewler at the Koewler Law Firm looks at the criteria used to compare planning strategies. There are three basic strategies: do nothing, buy insurance, or give away assets. The criteria Jim uses compare those methods are: the cost to implement the strategy, the risk to your money, how convenient is it to carry out the strategy, how much control does it give you over money, and the likelihood that it will protect your assets.

Planning Ahead For Long Term Care Costs, Part 1

This hour, elder law attorney Jim Koewler at the Koewler Law Firm provides us with a guide to help those who are worried about long term care costs in the future. He talks about how older senior loved ones can protect their life savings and plan for the costs of long term care. Goals are to avoid becoming a burden to our children, leaving a financial legacy, military benefits, earning a feeling of accomplishment and preserving your identity.

Long Term Care Insurance, with Jim Koewler

All about long term care insurance. Insurance takes the burden from you. You want to look at a stable company and stick with it for life. These are companies you don't see in the news, don't take risks, and have a history. One that underwrites on a long-term care model is best, rather than a disability model.

Planning for Long Term Care, with Jim Koewler

Elder Law and special needs attorney Jim Koewler talks about planning ahead — what do people need to plan for? When you can't take care of yourself, and you have trouble with activities of daily living — being able to get out of bed or a chair, bathing, eating, toileting, or dressing on your own — you're either injured (temporary) or facing a permanent change. How do you plan ahead for that financially? You can 1) do nothing, 2) buy insurance, or 3) give money away now while you're healthy, and rely on Medicaid later on. If you pick 3, work with a long-term care attorney to find a balance of what you need to care for yourself vs. what you're able to live without. Jim addresses all three choices.

Medicare Advantage Options, with Jim Koewler

Elder Law and special needs attorney Jim Koewler talks about options if a senior doesn't have enough income to afford Medicare supplemental insurance. If you want to have more than bare Medicare, look for a Medicare Advantage program that does the most for you. Specifically ask for plans that are generous on rehab, because rehab is expensive. Good rehab means a better life after rehab is done. Companies that give you money back, or charge less, means they have less money to cover you with.

Medicaid, part 3 with Jim Koewler

In this hour, Elder Law and special needs attorney Jim Koewler talks about Medicaid, specifically in the long-term-care process as we're aging. This segment focuses on more of the criteria that would allow someone to participate in Medicaid, in particular the ideas of resources and spend-down.

Medicaid, part 2 with Jim Koewler

In this hour, Elder Law and special needs attorney Jim Koewler talks about Medicaid, specifically in the long-term-care process as we're aging. This segment focuses on more of the criteria that would allow someone to participate in Medicaid, in particular the ideas of resources and spend-down.

Medicaid, part 1 with Jim Koewler

In this hour, Elder Law and long-term-care planning attorney Jim Koewler talks about Medicaid, specifically in the long-term-care process as we're aging. Medicaid is the single biggest payer toward long-term care in the United States. Medicaid for long-term care is different than Medicaid under Obama-care, different than Medicaid for people with disabilities. In this segment, Jim talks about what it is, as well as some of the criteria that would allow someone to participate in Medicaid, covering some of the differences in different states.

Medicare Answers, part 4 with Jim Koewler

In this hour, Elder Law and special needs attorney Jim Koewler answers questions about the daunting world of Medicare. This segment focuses on Part D, the prescription drug coverage.

Medicare Answers, part 3 with Jim Koewler

In this hour, Elder Law and special needs attorney Jim Koewler answers questions about the daunting world of Medicare. Medicare pays 80% of covered costs, and this segment focuses on how you choose to pay for the remaining 20%, clarifying the differences between Medicare Advantage and the supplement program.

Medicare Answers, part 2 with Jim Koewler

In this hour, Elder Law and special needs attorney Jim Koewler answers questions about the daunting world of Medicare. This segment focuses on the differences between the various parts - A, B, C, and D, the big four parts of Medicare. Part A is free if you paid into it while working, and covers 80% of hospitalization costs with a 0 premium. Part B covers non-admission-related hospital costs such as visits by doctors and specialists, paid for with a deduction from social security payments. Part C are advantage plans, which if you elect one would replace your Part A and B options and includes Part D features, covering a lot but not necessarily covering it well. Part D is prescription drug coverage.

Medicare Answers, part 1 with Jim Koewler

In this hour, Elder Law and special needs attorney Jim Koewler answers questions about the daunting world of Medicare. This segment provides an overview of Medicare, the Federally-funded health insurance for people 65 or over. If you're approaching your 65th birthday, start thinking about this: you can sign up three months prior to and up to three months after your birthday. Don't miss that magic window, at it results in getting an annual late-fee penalty, and you might not be able to get the health insurance that you want to go with your Medicare. Medicare covers 80% of covered health costs; vision and dental aren't covered unless they're considered medical treatments.

Advanced Directives, with Jim Koewler

Elder Law Attorney Jim Koewler talks about advanced directives, crucial for family caregivers.

Choosing a Long-Term Care Attorney, with Jim Koewler

Elder Law Attorney Jim Koewler talks about how to select a long-term care attorney.

Elder Law with Jim Koewler

Elder Law Attorney Jim Koewler talks about the dynamics of the legal side of elder care. Your elder care attorney can be your greatest asset. Jim talks about some of the changes that have happened during the pandemic. For instance, It's easier to stay on Medicaid and easier to get on Medicaid, but the general lack of ability to pay for long-term care hasn't changed.

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