Many people are reluctant to consult attorneys on legally-related matters due primarily to inexperience in working with attorneys. In fact, many of our clients have very little past experiences with an attorney. This is doubly-true with respect to issues related to Medicaid coverage of nursing home or at-home care for the following reasons:
- The cost of consulting with an attorney;
- Medicaid eligibility is seen as a non-legal matter that should be straight-forward and not require legal assistance;
- Nursing homes offer to prepare Medicaid applications for residents for no charge at all;
- Discomfort with using a public benefits system.
Let's discuss each of these obstacles to legal representation in turn.
Cost
There is no getting around it. Lawyers are expensive. But, the buttom line is that's what we are talking about here - is that the legal profession is significant cheaper than the cost for assisted living facilities. In the counties comprising Northern New Jersey, assisted living facilities generally charge between $5,000.00 and $8,000.00 a month. Unless your situation is very complicated, the legal fees will not approach these figures. If the consultation with a lawyer saves even a month of assisted living facility fees, the legal costs paid to a lawyer will be more than justified. At stake can be a lifetime of hard work and saving.
Medicaid as Law
Certainly, public benefits should be available to those who qualify without having to resort to hiring an attorney. Unfortuantely, this aspiration and the reality of the Medicaid rules are far apart. The eligibility requirements are defined in federal and state laws, regulations, bulletins and practices that are ever changing. You case may be simple and may not require the depth of knowledge needed for a more complicated estate. However, we can provide a frank and candid counsel to provide you with tailed plan helping you meet your objectives within the greatest parameters the law permits.
Free Application Services from Assisted Living Facilities
Yes, many assisted living facilities in Northern New Jersey provide application assistance at no charge. In addition, in the majority of cases there is no risk in using these services if you have checked with an attorney ahead of time. However, there is a great risk in using an assisted living facilities services without first consulting with an elder law attorney. Indeed, there are certain situations - especially when the interests of a family conflict with those of an assisted living facility - that only an attorney can provide legal advice and guidance. We frequently work with Geriatric Care Managers to ensure that the Medicaid application proceeds smoothly, and step-in when necessary to protect an applicant or family members rights as part of a Medicaid application. Such situations include attendance at a Fair Hearing, the preparation of a Deed to transfer title to a family member, the preparation of a Last Will and Testament, Durable Power of Attorney, Combined Advanced Directive for Health Care/Living Will and/or a Qualified Income-Only Trust (a/k/a "Miller" Trust).
Medicaid as Welfare
Medicaid serves a number of different populations, including poor recipients of Supplemental Security Income (SSI) and disabled people receiving Social Security Disability Income (SSDI). No one would argue that when Medicaid was created it was meant to be the main system of paying for long-term care for older Americans. But in the absence of any other program to fill that need, Medicaid has become the nation's long-term care financing system by default. Medicaid planning permits nursing home residents to be covered by the program under its rules. Congress can change the rules, and it often does. Consulting with an attorney permits senior and their families to understand the rules as they are and the options available to them. It does not require them to take any particular steps; however, it may be vital to preserving the financial security of a healthy spouse or child to continue to reside living at home.
If you would like for this firm to review your Medicaid plan (or if you do not have a Medicaid plan), please click this LINK to our client resources page for the questionnaire that best fits your situation. We ask that you complete this questsonnaire and bring it with you to your appointment.