If you hold power of attorney for an elderly parent or other relative, it is your job to ensure that his or her wishes regarding his or her health care, financial matters, and general quality of life are carried out once he or she can no longer make these decisions for him- or herself. Often, this involves making the decision to move him or her into a long-term care facility. It is not uncommon to include plans for long-term care in one’s will and allot money to cover its cost. For those who do not allot money for long-term care costs, Medicaid can cover the bill or the individual can enter an agreement with a facility where the profit from the sale of his or her home goes to cover care costs.
Planning for long-term care is one of the topics that falls under the umbrella of elder law. Other issues related to elder law include will and trust creation and adult guardianships. When you are in the process of planning for your loved one’s long-term care, there are a lot of factors to consider. Two of the biggest issues are determining the level of care he or she needs and how he or she will pay for it.
Determining the Level of Care your Loved One Needs
Different levels of care come at different price points. If your loved one simply needs social interaction and help with household chores like laundry, he or she might be a good candidate for an assisted living facility. These facilities are less expensive than nursing homes, but this is because they do not provide the high level of day-to-day medical care that can be found in nursing homes.
Paying for Long-Term Care
Medicaid can cover the costs of long-term care, but there are a few caveats to keep in mind if you choose to take this route. For Medicaid to cover an individual’s care, he or she must be in a Medicaid-certified facility. He or she may also be subject to estate recovery, which is where Medicaid takes money from the individual’s estate to reimburse itself for the costs of that individual’s care.
Another option is paying for the care privately. For individuals who do not qualify for Medicaid, this might be the only option. For those who choose to pay privately, which is often the case with individuals who sign agreements with long-term care facilities to sell their homes and use the profit to cover their care costs, Medicaid may become an option when their money runs out. Some private facilities also have a percentage of bed spaces set aside for Medicaid recipients, which can allow an individual who switches from private pay to Medicaid to avoid having to move into another facility.
Work with a Florida Elder Law Attorney
Facing the prospect of moving your loved one into a long-term care facility can be difficult, but it is often a necessary choice to make. For guidance with the legal aspects of planning for your loved one’s long-term care and other elder law issues you face, work with an experienced Orlando elder law attorney. To begin working with our firm, contact The Law Offices of Harry Aubrey Ducker, Jr., PLLC today to schedule your free legal consultation.