Houston Elder Law

Monday, December 19, 2011

Houston Elder Law Attorney Tackles the Sibling Situation

Siblings often have trouble agreeing on anything, so why should it be any different when it comes to Mom and Dad’s elder care?  Unfortunately those of us in elder law see quite often how families have a very difficult time when it comes to determining what is best for aging parents. 

In some cases, one sibling may be expected to take on an unreasonable portion of the elder care with other siblings not recognizing (or possibly not caring) that it is a hardship. Other times, siblings simply can’t agree on the best course of medical intervention or the choice of an assisted living facility.

A Houston elder law attorney can actually help to avoid or work through some of these issues.

The best approach is to start early.  Most siblings can likely agree that having your parents make their wishes known in advance is a good thing.  The attorney can help them draw up some very important documents before they are even needed. 

• Medical Power of Attorney – This names the person responsible for making medical decisions when the parent is unable to do it for himself or herself.
• Financial Power of Attorney – This is used to determine who will have control of the parents’ finances in order to keep the household going, pay medical bills, etc. during an illness or crisis.
• Living Will – A living will helps to outline the parents’ wishes when it comes to medical interventions and end-of-life care.  Having this in place takes some of the burden off of the adult children who would otherwise be making these choices.

If possible, it’s best to have all of the siblings aware of and in agreement about these documents, as it can cut down on the amount of frustration later. 

When things do become more intense and these documents come into play, it is still likely that siblings will have disagreements about what is best.  The one who has the largest responsibility for day-to-day elder care may become resentful, while another may also harbor resentments that someone else was chosen to take care of the parents’ finances.  Throw in the emotions that surface when facing your parents’ mortality, and there is potential for a major explosion.

In order to diffuse the situation, an elder law attorney can direct you to other forms of outside help.  For example, some families choose to hire a “geriatric care manager.”  This person is able to manage many aspects of the parent’s care, and because he or she isn’t a family member, much of the associated drama is mitigated.  When a situation has become too out of hand, the siblings may need to agree to use a mediator.  This impartial listener can help to determine the best course of action for getting the parents the care they need while meeting the needs of the siblings as appropriately as possible.

In order to salvage an uncomfortable family situation, it may be advisable for members to seek family counseling.  This is most likely to work when all of the members are invested in a positive outcome.  Your elder law attorney can help direct you to many resources for counselors and mediators here in Houston.

Wednesday, November 30, 2011

How You Can Work With A Houston Elder Law Attorney to Shield Your Assets From Nursing Home Costs

Many Houston seniors are making strides toward estate planning by working with their elder law attorneys to set up what they believe are the appropriate wills and trusts.  The goals with this type of planning are most commonly to:

• avoid probate,
•  make decisions regarding trust administration,
• and—most importantly—to protect your assets for your heirs. 

Unfortunately, this final criteria isn’t always met in traditional wills and trusts.

The problem stems from long-term care.  When you set up your initial estate planning documents, such as a revocable living trust, you probably fully intend to outline your wishes for how your estate will be dispersed upon your death.  Unfortunately, this document does not protect your assets from creditors, lawsuits or the incredible costs associated with nursing home care.

In order to pay for that care, your entire estate can be at risk.  Your assets will be used to pay for your medical and other needs, potentially leaving little or nothing to be administered in your trust.  This means that even if you have a legal document directing how your assets should be distributed, it will be referring to assets that were already sold off to cover expenses.  As nursing home costs continue to rise, we see more and more of this in Houston.

To avoid this situation, it’s often necessary to work with an attorney who focuses on elder and long-term care planning, in addition to traditional estate planning.  If it appears your estate is at risk of being wiped out due to unexpected illness, incapacity or long-term care costs, your attorney can work with you to create the right kind of trust that will adequately shield your assets during your lifetime, and after death.

To learn more about how seniors around the country are engaging in long-term care planning to shield their assets from the skyrocketing costs of nursing home care, consider discussing this option with your Houston elder care or estate planning lawyer.

Monday, November 21, 2011

Wills and Estates Lawyer in Houston Says, “Don’t Sign Up For That Pre-Paid Funeral Until You Ask These Questions!”

Many people like the idea of choosing a funeral home and making their own arraignments to ensure their loved ones are never burdened with the task. Pre-paid funeral plans allow you to make all the decisions ahead of time and pay for it in installments. Not having your loved ones put in the position of planning and paying for your funeral is a wonderful idea, but, before signing on the dotted line on any agreement, be sure to ask the following questions:

1. Can you get your money back if you change your mind?
2. Does the money you invest earn interest? If so, who gets it?
3. What happens if the funeral home goes out of business?
4. Can the plan be moved if you move to a different state?
5. If money is left over after expenses, what happens to it?

Another key consideration is to find out what happens if the prices increase by the time the services are needed. Make sure that you are being guaranteed the services you selected at the contracted price. Some pre-paid plans sneak in additional payments for “final expense funding” which allows the funeral home to charge the difference in price.

There are a number of alternatives to pre-paid funeral plans. For example, you can buy life insurance to cover funeral costs. Another is to set up a bank account solely for the purpose of paying your funeral expenses. Both of these options allow you more flexibility to change your plans if you so choose.

However, if either of these options is chosen, it is important to make sure your loved ones know your wishes. Additionally, clearly lay out these plans in your estate planning documents. Then there will be no doubt about what you want, which will go a long way in reducing the stress that your loved ones may experience upon your passing.

Before you make any decisions, be sure to consult with an experienced Houston wills and estates attorney. Estate planning attorneys know which questions to ask and can help you better understand all of your options. Then, you really can feel secure that you’ve taken the burden of making end-of-life decisions off of the shoulders of your family.

Friday, September 16, 2011

Houston Estate Planning for Senior Citizens – It’s About Taking Care of Your Loved Ones

I hear the same excuse over and over….

I don’t have an “estate.”

I have more debt than assets.

The only thing I have is my home.

As you may have guessed, these are excuses that people make for not preparing an estate plan. These people are sadly misinformed. They think estate planning in Houston is only about money. Estate planning does take care of financial issues, but the way I see it, the most important reason for doing an estate plan is for the benefit of the people that you leave behind.

Estate planning in Houston is essential for senior citizens who are concerned about the well-being of their loved ones. No matter what your level of wealth happens to be, there are decisions that will have to be made if you become incapacitated or when you pass on.  If you don’t leave detailed instructions for the type of medical care you want or what to do with your things, you will be putting those you love most in the position of being a mind-reader. They will have to do their best to figure out what you would have wanted and then deal with the consequences such as unhappy family members who disagree with them. Do you really want to cause this type of stress for them at a time when they are already upset and mourning?  I doubt it.

I realize thinking about these things is not easy or fun, but approaching it in an organized manner may help. Here’s a list of things to consider when planning your estate:

1. Talk to close family members and let them know how you would like to handle the dispersal of your assets and sentimental items. Also, talk to them about the type of medical care you would like to receive should you become incapacitated. Chances are, if everyone knows your plans ahead of time, there will be fewer arguments and a lot less stress.
2. Prepare a list of all of your assets including your home, your financial accounts, insurance policies and any personal possessions.
3. Make a list of everyone that you would like to be a beneficiary of your estate. You may also want to include organizations that are meaningful to you.
4. Plan for how you would like your pets cared for if something should happen to you.
5. Make a list of passwords, PIN numbers and other codes that someone might need.
6. Think about who you would like to put in charge of your medical care and who you would like to oversee the dispersal of your assets. You can appoint different people for these critical jobs.
7. Consult with an experienced estate planning attorney who can offer advice about how to arrange your estate so that the person you put in charge of your financial and medical decisions will have the fewest complications.

These steps alone will go a long way in reducing the stress that your loved ones will experience. Isn’t their well-being enough reason to do an estate plan?

If you answered “yes,” then be sure to give our Houston wills and trusts office a call at (281) 218-0880 and ask to schedule a Lifetime Legacy Planning Session.  These comprehensive sessions are normally $750, but you can come in absolutely free with the mention of this article. However, this offer is limited to the first 10 responders so call today!

Friday, June 10, 2011

Advice on Medicare and Medicaid from a Wills and Trusts Lawyer in Houston

Wills and trusts lawyers in Houston frequently get inquiries about arrangements for long-term care. Life expectancy continues to rise, due in part to more effective treatments for diseases previously thought to be terminal.

This is great news, but with a larger elderly population, new dilemmas arise, including uncertainties related to assisted and rehab care facilities. Two of the most frequently asked questions are, “How do I pay for short-term and long-term care?” and “What is the difference between Medicare and Medicaid and what can each offer me?”

Medicare and Medicaid both pay for certain aspects of rehabilitation after a hospital stay, but there are specific requirements that must be met. A knowledgeable wills and trusts lawyer can give you the exact stipulations and explain the difference between Medicare and Medicaid provisions.

In general terms, Medicare provides coverage to people over the age of 65, and is similar to regular health insurance. Since Medicare is a federal program, benefits and requirements are universal for all states. An individual must have been hospitalized for at least 3 days and 3 nights before transferring to a nursing or rehabilitative facility, and the move must be made within 30 days of the hospital stay. In a sense, Medicare pays for an acute occurrence and the rehabilitation from it.  Since Medicare coverage is not intended for custodial care or long-term care, the patient must demonstrate a need for skilled care, in-home or in a care facility, and show that progress is being made toward recovery. If qualified, Medicare will cover a total of 100 days, the first 20 days paid in full and the next 80 days with a co-pay of $124 per day.

On the other hand, Medicaid is a state-run entity intended for those in financial need with different rules and qualifiers which vary from state to state.  Just as wills and trusts in Houston are subject to the specifics of state law, so must certain criteria be met to be eligible for benefits.  In nearly all states, the patient would need to spend down his/her assets to around two-thousand dollars, although some states exempt certain assets-- such as your house and car--up to a predetermined value. Any subsequent income the patient gets, including social security, goes first to paying for long-term care.

Unlike Medicare, Medicaid does offer custodial care, but not all facilities are Medicaid approved. Due to the small percentage of nursing homes which offer Medicaid approved housing, and possible waiting lists, it is best to explore all options with the hospital social worker prior to the patient being discharged. Anecdotally, Medicaid approved nursing homes are crowded, so it would be wise to check out a number of facilities in person ahead of time.

Wills and trusts lawyers in Houston will be the first to tell you that investigating and understanding your options, and implementing preparations before a crisis occurs is the prudent course of action to take.        

We work with families every day to explore such options and also help families implement the best asset protection strategies to preserve the things they’ve worked so hard for without jeopardizing the ability to qualify for Medicaid.  If you would like to know these options, we invite you to give our office a call at (281) 218-0880 and ask about our Lifetime Legacy Planning Sessions.

Thursday, May 19, 2011

Houston Living Will Attorney Helps Clients Plan for an Unexpected Disability

Here in Houston, living will attorneys know full-well the ramifications of not planning ahead for an unexpected disability.  Even those clients who understand the importance of estate planning tend to overlook what would happen if they should become unable to care for themselves.  It’s not the happiest thought, but the reality of not having a living will can make the situation considerably worse for both you and your family.

A major disability can be devastating to an entire family, both emotionally and financially.  Pre-planning for the possibility can reduce some of the heartache that often accompanies these situations.

Medical Concerns

You may assume that your spouse would simply make decisions for you if and when a major problem takes place.  Ask yourself, if he or she really wants to be responsible for some of those decisions. For example, if you were in a coma, how would your spouse react to making the choice of whether or not to stop life support?  Even if your loved ones know your wishes, simply having them in a formal document can remove a considerable burden and amount of potential guilt.

A living will attorney can help you to draw up these documents so that your family does not have to make these choices.  The attorney can also assist by offering insight into situations you likely wouldn’t have considered.  Are you opposed to a blood transfusion?  Are you adamantly against ending life support?  What needs to happen if you become mentally disabled?  Who should be given power of attorney over your other health-related issues?

Financial Concerns

Having a major illness or injury is very expensive and can keep you from working during and after hospitalization.  Your Houston living will attorney will also advise you on what needs to happen financially if you are unable to take care of your own needs.  For example, you will likely set up a power of attorney, as well as to determine how long-term care will be paid for.  Will you need to sell your house?  Will you be eligible for disability insurance?  These are all questions that the living will attorney will go over with you.

There are plenty of other considerations that need to be addressed by a <insert city> living will attorney.  From what will happen to your children to where you might end up in nursing care, there are choices that need to be made.  Planning in advance with your attorney in Houston will ensure that your wishes are being followed if the time should come.

If you are ready to get started in creating a plan that will protect you and your family should incapacity or disability occur, give our office a call at (281) 218-0880 and ask to schedule a Lifetime Legacy Planning Session.  These sessions are normally $750, but you can come in free with the mention of this article.  However, these sessions are limited to 10 per month so call today!

Thursday, May 12, 2011

Elder Attorney in Houston Offers Solid Advice in Pre-Planning for Nursing Home Care

By: Kim Hegwood, Elder Attorney In Houston

The decisions regarding placing a family member into a nursing home are some of the toughest that can be faced.  Talking to a Houston elder attorney in advance can provide an invaluable opportunity for pre-planning.  Unfortunately, many people do not think ahead when it comes to nursing home care, and that means that choices become even harder and more limited.

Pre-planning means that you can take the time necessary to make the right choices, and that the family member can even be involved in the decision-making process.  This is often not the case when a nursing home needs to be found immediately after an illness or injury.  Instead of dealing with the stress of being in crisis while trying to make wise choices, pre-planning with an elder attorney in Houston affords the time to shop around the area and think clearly.

When pre-planning for nursing home care, there are some important questions to ask:

1.  Will a nursing home be the right choice?  There are other options available depending upon the situation, and rather than “settling” for the obvious choice, pre-planning allows you to explore them.  It may be possible for your family member to remain at home with a health-care aide or to move into an assisted-living community.

2.  Is it difficult to get a family member into a nursing home?  By pre-planning with an elder care attorney in Houston, you can familiarize yourself with the process and go through the steps in a logical manner, rather than rushing to find an opening and being overwhelmed.  The admission process, negotiating costs, and dealing with an estate all take time and energy, and you will likely handle it much better without being in the midst of a crisis.

3. How do I find the right nursing home?  Your elder care attorney will likely have some great suggestions for you, as will your loved one’s doctors, social workers, and other health care professionals.  Once you’ve compiled a list of recommendations, go visit in person and plan to meet with the director.  If possible, your family member can be a part of this process, ensuring a better fit and more cooperation later on down the road.

Due to the Nursing Home Reform Act, there are a number of duties that the facility will be bound to perform.  Working with an experienced elder care attorney in Houston will ensure that you know your rights, as well as the responsibilities of both the family and the nursing home you choose.

Thursday, April 07, 2011

Using an Elder Attorney in Houston for Nursing Home Decisions

By: Kim Hegwood, Elder Attorney in Houston

Elder lawyers specialize in certain aspects of senior life that many others have yet to even consider.  For example, as an elder attorney in Houston, it is important to be aware of the nursing home options available to clients, as well as any changes in laws that apply to this type of care.  When it comes to nursing homes, planning ahead is one of the best choices you and your elder attorney can make.

By planning in advance, an elderly family member is able to have a much greater say in what type of nursing home he or she will enter.  When these decisions are left until an emergency, however, the actual resident’s wishes are far less likely to be considered.  That is because placing an elderly person into a nursing home is incredibly stressful for all involved.  When it is done at the last minute as the result of some sort of “last straw” event, no one is thinking clearly anymore.

Working as an elder attorney in Houston has allowed me to develop a few guidelines for choosing the best nursing home for your needs.

1.     Start early.  Ask friends their opinions of nursing homes where they’ve lived or visited.  Your doctor may also be a great resource for finding out about the best local care.

2.     Don’t just base your decision on a few brochures and a price.  Instead, take the time to travel around Houston to actually conduct in-person visits to your top choices.  Showing up unannounced may help you to see what things are really like on a typical day.

3.     Make an appointment with the nursing home staff to discuss the care you or your loved one will receive.  Take notes and compare them among your top choices to ensure you’re making the choice that fits your needs.  If you have questions about what you should expect in Houston, elder lawyers are up-to-date on all applicable laws and regulations.

Making an informed choice regarding nursing home options will help you determine where you will receive either long or short-term care when it is needed.  A Houston elder lawyer can help you draw up necessary documents and review any contracts needed to solidify your choice.

Of course if you require further assistance in this area, please give our office a call at (281) 218-0880 and ask to schedule a Lifetime Legacy Planning Session. These sessions are normally $750, but you can come in free of charge with the mention of this article.  However, these appointments are limited to 10 per month so call today!

Thursday, March 24, 2011

Houston Estates Lawyer Offers Advice on Talking to Your Parents about Their Estates

As a Houston estates lawyer, I know how common it is for each generation to avoid planning for their deaths.  Few people are eager to spend time thinking about their own mortality, including the parents that raised and cared for us.  Unfortunately, not spending a little time with a Houston estates lawyer can end up costing more than just a little time.

Discussing estate planning with your parents can be tricky.  Neither of you wants to think about the fact that they will one day pass away.  Not only that, but you likely don’t want to look greedy or uncaring.  That’s why you should approach the topic in a way that lets them know you have their best interests at heart.  Here’s two important things to keep in mind:

1. Estate Planning Protects your Parent’s Legacy

One of the most important things to remember when you’re discussing an estate is that it will be your parent’s legacy.  It is not the only way they’ll be remembered, but it does give them the opportunity to have a say in what becomes of the assets they worked so hard to acquire.  An experienced estate planning lawyer will be able to show them more options than they likely ever realized were possible.

2. Estate Planning Protects the Beneficiaries

Just because you’ve grown and gone out into the world doesn’t mean that your parents don’t still feel the need to “parent” you.  Taking the proper steps to plan their estate means that they can lessen the burden on their children and grandchildren at what is sure to be a difficult time.  Let your parents know that you want to follow through on their wishes, and by planning in advance, you can make sure that happens.

Acknowledging that our parents won’t always be here is a difficult thing to do, but it is a necessary part of preparing for the future.  By introducing the topic in terms of protecting their legacies and their beneficiaries, it is possible to turn the conversation into one of empowerment.  Once the subject has been brought out into the open, it’s best to take steps to speak with an experienced Houston estates lawyer to make everything official.

Wednesday, March 09, 2011

Houston Elder Lawyer Discusses Caring For The Elderly--While Taking Care of Kids

By: Kim Hegwood, Houston Elder Lawyer

Depending on your perspective, this can feel like a double-whammy.

Certainly, as with children, it is always a better idea to focus on the benefits of more time with your parents, etc ... but yes, I have seen many times how this can put a major drain on a family.

From what I have observed of adults thrust into the role of caring for their parents, the biggest struggle often comes from trying to keep their dual responsibilities segregated.  They try to ensure that the needs of the aging parent don't impact what's going on in their children's lives. 

As an example, the adult children feel like they have to choose between making sure that Mom takes a walk for exercise and attending a child's piano recital.  No matter what the adult parent chooses, he or she often feels like a failure at everything.

What you need to realize is that this process is not something that you can keep separated in your life.  You will do your family a great service by viewing it as an experience to be shared with everyone in the family, and maybe even with some members of the outside community.

If you find yourself in this situation here are 3 practical tips I can offer as a Houston elder lawyer:

1) Get the Actual Facts. You may have avoided talking with your parents about finances in the past.  Whether you were taught that those things are private or "it just never came up," now is not the time for surprises.  You need to know how your parents are doing financially and whether they have made any provisions in case they become ill or suffer a long-term disability.

2) Ensure the Estate is Set Up Right.  At this stage of your parent's life it is important to make sure that your parent's legal house is in order.  My client's parents enjoy a healthy discount on their estate planning.  But, no matter where you get it done, your parents absolutely need to have a financial power of attorney, advance health care directive (a health care power of attorney plus a living will), and a simple will.  It may not be the best estate plan for your parents.  It might not be proper Medicaid planning.  However, it is the bare minimum you will need to help care for your parents.

3) Insure Against the Future. Now is the time to examine long-term-care insurance or assess whether savings will cover an extended nursing home stay, assisted-living facility costs or extended home-care services.  You may be tempted to begin to liquidate your holdings or stop saving for your own benefit to help pay for the cost of your parent's care.  Big mistake. 

Remember that there aren't nearly the same kind of government programs or lending scenarios that will help you pay for your kids, or their college or fund your retirement -- as there are to help support aging parents.  It is vital that you continue to save for your retirement.

Wednesday, November 03, 2010

Houston Elder Lawyer Discusses ‘What is Long Term Care and Why Do I Need To Think About It Now?’

By Kimberly Hegwood, Houston elder lawyer

As a Houston elder lawyer, I help people plan for long-term care costs on a regular basis.

Long-term care can include any service that helps people who have a prolonged illness. The illness can be a physical disability or a cognitive impairment such as Alzheimer’s disease or Dementia.  The services may include help with activities of daily living, home health care, adult day care, hospice care, nursing home care, or care in an assisted living facility.  The level of assistance required can include physical therapy, administration of medication, and help with daily activities such as bathing, eating, and dressing.

Paying for long-term care can be financially devastating to families. Contrary to what many people believe, Medicare coverage will not pay for most of the long-term care they will need if they suffer from a long-term illness. According to the U.S. Department of Health and Human Services, the average costs in the U.S. (in 2009) are:

• $198/day for a semi-private room in a nursing home
• $219/day for a private room in a nursing home
• $3,131/month for care in an Assisted Living Facility (for a one-bedroom unit)
• $21/hour for a Home Health Aide
• $19/hour for a Homemaker services
• $67/day for care in an Adult Day Health Care Center

It’s easy to fall into the trap of thinking that because you are now young and healthy you don’t need to worry about long-term care, but consider this:

• Life expectancy after age 65 has now increased to 17.9 years, up from 1940 when life expectancy after 65 was only 13 extra years.  The longer people live, the greater the chance they will need assistance due to chronic conditions.
• 44% of people reaching age 65 are expected to enter a nursing home at least once in their lifetime and 53% of them will stay for one year or longer.

So, the bottom line is that millions of us are going to need long-term care.   It is important to put an estate plan in place that will protect your assets if you become disabled.  I’ve seen too many instances where a family has waited until a crisis strikes to take action.  Most of the time it’s then too late to save their assets and income from the hands of such a facility.  

But instead, you can talk to an estate planning attorney now to ensure your bills will be covered in the long-run without losing your house, your assets or other income sources in the process.   To get started, simply call me, your neighborhood Houston elder attorney at 281-218-0880 for a free LIfetime Legacy Planning Session.

Together we’ll walk through the complicated world of long-term care planning to ensure your family is protected when they need it the most.

Wednesday, October 27, 2010

‘Pre-planning Your Funeral is Essential, but Think Twice Before Pre-Paying’ Warns Houston Elder Lawyer

By Kim Hegwood, Houston elder lawyer

Based on what I am seeing as a Houston elder lawyer, more and more people are considering pre-planning and pre-paying for their own funeral.  For years I have recommended that my clients include their wishes for their final arrangements in their estate plans, but more and more people are bringing it up proactively.

Some of the reasons that people want to take care of their own final arrangements include:

• Saving their loved ones the stress of dealing with this while they are grieving
• Making sure their wishes are carried out
• Setting aside funds and save their family the financial burden

The reasons mentioned above are very honorable, but it is important to do your homework before committing to any pre-paid program.  Unfortunately, there have been a number of recent horror stories about pre-paid funerals as of lately.   

A recent audit by the California Department of Consumers’ Affairs Cemetery and Funeral Bureau (http://www.dca.ca.gov/publications/press_releases/2010/0706_cfb.shtml) found that one of the state’s largest pre-paid trust programs had misspent at least $12.6 million.  That is a lot of money taken from well-meaning, honest people who were just trying to care for their families.

In addition to worrying about whether the pre-paid funeral industry is using your funds as intended, there are several other pitfalls that need to be considered before investing your money in a pre-paid funeral plan.

For example, if you decide later that you need the money that you invested in the pre-paid funeral plan for reasons such as family emergencies, you can lose a substantial amount of that money in cancellation fees.  Further, prepaying for your final arrangements with a life insurance plan can be even costlier.  In fact, it is quite possible that you could end up paying a lot more money in monthly payments than your final arrangement will actually cost.

So, if you are trying to ease the burden for your family by planning and paying for your funeral, what are you to do?

That’s easy…talk to an experienced Houston elder attorney! You can contact us by calling 281-218-0880.

An attorney can help you preplan and prepay for final arrangements in a way that will be the most cost-effective and ensure that your family won’t have to deal with the stress at a time when they should be dealing with their own grief.

 Simply call 281-218-0880 to set up a Lifetime Legacy Planning Session (normally $750) at no-charge with me, your neighborhood Houston elder lawyer. You’ll be glad you did!