Legal Question in Elder Law in Virginia

Re: House in community spouse name?

You asked about planning for elder care.

Get your butt to an elder law attorney to work on a plan. The time may be too late, but you could still save some resources. Downsizing homes is a great idea for aging folks, it prevents the kids from returning. But more importantly it allows the parents to maintain their independence.

The second part of the issue you raised is assets. Medicare has a 60 month look back period. Any asset transfers should take place more than 5 years before someone goes goes into a home in order to protect those assets fully. Further there are mandatory spend-downs that require certain liquid assets be used towards expenses before Medicare kicks in fully. An elder law attorney can help your parents maximize the Medicare benefit and minimize the damage to their assets.

Finally, look at options to placing your father in a retirement home. Medicare long ago defaulted to placement in retirement homes as the only option for the elderly. There are many causes for this, but rarely is placement in a retirement home the best option for a senior. Especially when s/he has a living spouse. Often the best option is getting in-home care. Medicare will pay for this, but you essentially need to lobby for it. In actuality, in home care often costs much less than placement in a retirement home. And a number of study have found that home care is better for both the person needing care and the more independent person.

There are all sorts of alternatives that can help from having all meals delivered to having constant or semi-constant care. Physical therapists and other care providers can visit or senior transportation can be used to bring the aged to the care. Further there are even electronic monitoring services that can help you keep an eye on your folks and on their daily schedule.

In sum, find a local elder care attorney, s/he will in turn help you find an elder care manager. Those professionals will help your parents maximize their assets and their lives.

Regards,

Roger