Twilight Wish Foundation

ALTCS ~ Seniors and the Law

Seniors and the Law is authored by the attorneys at Jackson White Attorneys at Law and addresses legal issues that arise for the elderly and their families.  Questions can be sent to firm@jacksonwhitelaw.com.

Q:        I moved in with my mother about three years ago to provide her with care.  Since that time I have been able to attend to her needs, but I am starting to require some additional help.  I want to help Mom apply for the ALTCS program, but I hear that the state will take her home, which is troubling given that I currently reside in this home.  Is there advice you can offer?

Before I address your question, I want to address a piece of misinformation that seems to be guiding your assessment.  It is important to understand that the state never takes an ALTCS member’s home in exchange for ALTCS eligibility.  Rather, the general rule is that ALTCS can place a lien on an ALTCS member’s home if that ALTCS member’s spouse, minor child, or disabled child does not also live in the home.  The state can only enforce this lien upon the member’s death.

Assuming that you are no longer a minor child, then, ALTCS will likely attach a lien to the home if your mom qualifies for the program and if she is placed in a facility.  However, like most rules of generality, the rule that ALTCS can recover against the equity in its members’ homes does have a few exceptions.  One such exception seems to apply to the facts presented in the question above.

If the child of an ALTCS member has lived in that member’s home for a period of two or more years and has provided care to the ALTCS member that has kept that member from being institutionalized, the ALTCS member can transfer his or her home to the child without penalty.  ALTCS will need to examine the evidence before allowing this type of a transfer, but this is definitely worth exploring given the facts presented here.

           

Richard White is an elder law attorney at JacksonWhite Attorneys at Law.  For more information on Elder Law at JacksonWhite, please visit www.ArizonaSeniorLaw.com.

This article is provided for informational purposes only and is not intended to replace individual legal advice.

For more information about Jackson White Elder Law or to download any of their free resources, feel free to visit:  www.arizonaseniorlaw.com/resources

www.arizonalongtermcare.com or www.myAltcs.com

TWILIGHT WISH FOUNDATION ~ El Tour de Tucson 2014

You're invited to the 

El Tour de Tucson 2014

Saturday, November 22, 2014

It's official........Twilight Wish Foundation was presented with the greatest opportunity this year and we are honored! We were invited to be one of the supporting beneficiaries for El Tour de Tucson this year. The date of the event is Saturday, November 22, 2014. 

I am looking for 10 riders that would like to participate in the event this year and ride for Twilight Wish Foundation. Sponsoring Twilight Wish Foundation will help enable us to grant wishes for our deserving veterans and seniors. Riding in this event I can tell you is life changing, so if you have ever thought about it then follow that dream. The choices of mileage start at 1/4 mile, 6 or 11 mile fun rides up to 40, 55, 75 and 104 miles. 

We will pay your registration fees which would be $135.00 and provide you with a Twilight Wish Foundation cycle jersey. The only requirement is that you help raise $250.00 per rider. 

Please message Lisa at az@twilightwish.org for additional details and help spread the word so we can help make this event successful!  Thank you all!  Visit us at:  www.twilightwisharizona.org 

When: Saturday, November 22, 2014

Times:  To Be Announced

Where:  Tucson, Arizona

Starting point depending on mileage chosen to ride and ending at Armory Park

Guardianship Tucson

Guardianship

By Wendy W. Harn

Tucson Estate Planning Attorney

Morris Hall & Kinghorn PLLC

What is a guardianship?

A guardianship is the appointment, by a court, of an individual or entity to provide care and to make personal decisions for a minor or an incapacitated adult. A person is determined by the court to be incapacitated when he or she lacks the ability to make responsible decisions concerning his or her daily living needs. The person for whom a guardian is appointed is called a ward.

What are the duties of a guardian?

A guardian has powers and responsibilities similar to those of a parent. The guardian may make personal decisions for the ward, such as living arrangements, education, social activities, and authorization to withhold medical treatment. The guardian must make sure the ward is living in a safe environment.

A guardian must submit an annual report to the court which includes information on the health and living conditions of the ward.

 Who may serve as a guardian?

·         Individual 

            Private fiduciary - a person or an entity that holds a license to act as a guardian for someone and is paid to do so.

·         Public fiduciary – appointed by the court. Generally does not act as a guardian for a minor.

The law provides a list of priorities for appointment, although the court may appoint someone with a lower priority if such appointment is in the best interests of the ward. Before being appointed as guardian, the individual must provide background information and other information to the court.

A guardianship should be considered a last resort and should never be used unless it is the only option. If you know of someone that may be having difficulty in making his or her routine daily decisions, please contact one of our experienced estate planning attorneys to learn if a guardianship is needed or if there are less restrictive options available.

Visit us at: www.morristrust.com  

POWER OF ATTORNEY ~ Seniors and the Law

SENIORS AND THE LAW is authored by the attorneys at Jackson White Attorneys at Law and addresses legal issues that arise for the elderly and their families.  Questions can be sent to firm@jacksonwhitelaw.com.

Q:      Years ago, my father added me to what I believed were all of his financial accounts.  The rationale here was that he wanted me to manage his funds in the event that he became unable to do so personally.  He has since digressed into severe dementia and most of his funds have been depleted.  I recently discovered that he has an IRA account on which I am not named.  Dad does not understand how to close this account and access the funds – is there any way for me to do this for him?

            My first question to you would be whether or not your father executed a financial power of attorney while he was able.  It sounds like he wanted you to handle his affairs, as evidenced by him adding you to his other accounts, but unless he executed a power of attorney memorializing as much, you cannot access his IRA on his behalf.  Sadly, this would be true even if the IRA held his last sum of money and he was in desperate need of those funds for sustenance.

            If your father does not have a financial power of attorney, and he did not designate you as his agent under a power of attorney of the institution that holds his IRA account, you would need to petition the court for conservatorship in order to access those funds.  In a case like this, I would suggest seeking a limited conservatorship, just to handle the single transaction of closing the IRA.  Limited conservatorships are simpler in nature because they do not have the same accounting requirements as full conservatorships.  In short, if your father did not execute a power of attorney, and if this is the only transaction you need to handle, a limited conservatorship could be a very suitable remedy to your dilemma.      

           

Richard White is an elder law attorney at JacksonWhite Attorneys at Law.  For more information on Elder Law at JacksonWhite, please visit www.ArizonaSeniorLaw.com

This article is provided for informational purposes only and is not intended to replace individual legal advice.

For more information about Jackson White Elder Law or to download any of their free      resources, feel free to visit:

www.arizonaseniorlaw.com/resources

www.arizonalongtermcare.com

www.myAltcs.com

ALZHEIMER'S DISEASE "Your Role As A Care Partner"

In the early stages, you may act more like a care partner, than a caregiver. Your role is one of support, love and companionship. You are there to help with daily life, as needed, and to help the person with Alzheimer's plan for the future. Since no two people experience Alzheimer's alike, the degree of assistance needed from a care partner in this stage varies.

A person with early-stage Alzheimer's may need cues and reminders to help with memory. For example, he or she may need help with:

• Keeping appointments
• Remembering words or names
• Recalling familiar places or people
• Managing money
• Keeping track of medications
• Doing familiar tasks
• Planning or organizing

Tap into the person's strengths and encourage him or her to continue living as independently as possible. You can help the person stay organized with shared calendars, notes, medication schedules and other reminder systems. Establishing a daily routine and maintaining some regularity will be of benefit.

The person also will need emotional support. He or she may feel frustrated, anxious, embarrassed or isolated. You can help by:

• Encouraging the person to share his or her feelings, and asking how you can be supportive
• Encouraging the person to stay involved in activities he or she enjoys
• Helping the person locate a support group for people in the early stages and their care partners

As a care partner, you also will go through many emotions. Know that you aren't alone. Being part of a community of people going through similar experiences can provide you with support, hope and information. Contact your local Alzheimer's Association chapter to find an early-stage care partner support group near you.

Read more: http://www.alz.org/care/alzheimers-early-mild-stage-caregiving.asp#ixzz2yR4EBMUJ

Understanding the ALTCS Application Process, Pending Period & Approval Requirements

Understanding the ALTCS Application Process: ALTCS ~ "Pending is not a four letter word!"

When speaking with facilities about the ALTCS application and approval process, we often sense a certain reluctance to accept ALTCS-pending cases.  JW understands that a facility’s need for consistent revenue can foster this reluctance.  Even so, accepting ALTCS-pending cases in which there is a strong likelihood of ultimate approval can prevent gaps in payment, a benefit that far outweighs any risk associated with accepting ALTCS-pending cases.

In essence, virtually every resident who enters a facility does so with a “pending” status – whether or not that facility is even contracted with ALTCS.  Put differently, with the exception of those who have unlimited funds, all residents will someday exhaust their resources, and thus require an alternative payer source.  The rate at which a resident exhausts his or her resources can best be described as the burn rate.

There are several variables at play in the burn rate calculation.  For instance, a 99-year old with $600,000 in savings, and who pays $6,000 per month for care, is neither likely to burn through her resources nor require ALTCS.  A resident with $75,000 or less, however, is very likely to burn through her resources, and will ultimately require a payer source to prevent a gap in coverage.  This second example can very much be conceptualized as an ALTCS-pending scenario.

Viewed through the lens that every resident is pending, it makes a lot of sense to focus on managing the burn rate to ensure a consistent revenue stream.  Given that it takes between three and six months for ALTCS to process an application, families who spend down to $2,000 before filing the application necessarily create a gap in coverage.  This is precisely the pending period of which many facilities are afraid. 

The key to preventing this gap is being proactive and initiating the ALTCS process before the money is spent down.  Proper planning can ensure that funds are available during the pending period, and can facilitate ALTCS approval that will generate consistent revenue for the duration of the resident’s tenure at the facility.

Encourage your patients and families to call for a free prescreen with a JacksonWhite Elder Care Advisor before they are spent down in order to prevent any gaps in coverage.   With proper planning, ALTCS-pending cases do not have to be a bad thing.

For more information about Jackson White Elder Law or to download any of their free resources, feel free to visit:  http://www.arizonaseniorlaw.com/resources
http://www.arizonalongtermcare.com or http://www.myAltcs.com