 California Elder Law
and
Senior Housing Options
Long Term Care | Medicare |
Medi-Cal | Senior Housing
Elder law is another aspect of estate planning, focusing primarily
on the needs of families and individuals as they age. Issues of
aging include senior housing and home care, long-term (or nursing
home) care, guardianships and health care documents, and Medicare,
and California Medi-Cal.
The Long Term Care Dilemma
As our population ages, more and more of us
confront elder law-related issues, whether for ourselves or our parents.
One of the most pressing issues is long-term nursing home care, which
usually is not covered by traditional health insurance. Depending on
where you live and the level of care needed, nursing home care can cost
from $35,000 to $150,000 a year. The average stay is slightly more than
three years. Most people end up paying for nursing home care until their
personal (or family) assets are depleted, then they may qualify for
Medicaid to pick up the cost.
Careful planning, however, can help protect your
assets, whether for your spouse or for your children. The
belt-and-suspenders approach is to purchase long-term care insurance
while you are healthy enough to qualify, and to make sure you receive
the benefits to which you are entitled under Medicare and Medicaid.
Veterans (and their single surviving spouses) also may seek benefits
from the Veterans Administration.
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Medicare
Clients are frequently confused over the
differences between Medicare and Medicaid. Though their names are
very similar, the programs are quite different. Medicare is an
entitlement program, a federal health insurance program in which
most people enroll when they turn 65 years old. There are no
financial qualification rules. Medicare has two primary parts: Part
A and Part B.
Medicare Part A covers in-hospital care, extended care
after a hospital stay, some home health care services, and hospice
services. The rules for nursing home coverage are very strict and,
in fact, Medicare pays for less than 9 percent of nursing home care
in this country.
Medicare Resources
California Medi-Cal
Medicaid, is a joint federal-state program,
Subject to certain federal requirements, each
state implements its own regulations on how the program is managed.
Medicaid is not an entitlement program like Medicare, but rather
a form of welfare. Medicaid eligibility is determined after the proper application is
submitted to the state. There are many Medicaid insurance programs
available in California, from basic medical coverage to nursing home
programs. An overview of all
California Medi-Cal programs is available online.
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Senior Housing Options
Helping a parent move to senior housing can
seem more intimidating than orchestrating a rocket launch. The death of
a spouse, declining health or safety concerns can trigger the need to
move. The first phase comes with the realization that what has been home
is no longer suitable. Emotional ties to a place are hard to overcome.
Finding a new home that is appealing and appropriate is no easy task,
and neither is culling through a lifetime’s accumulation of “stuff.”
Here are some tips to help make the transition easier:
- Plan ahead. Don’t wait for a health crisis to start the
process. The smoothest transitions occur when the person moving is
in the driver’s seat.
- Get a full assessment of the current situation. Physical
care needs and financial resources are where to start. Consider the
costs of staying in place, including renovation and ongoing
maintenance. Add the cost of rising utility bills and taxes, and
don’t forget transportation and food. Make a list and decide whether
it’s cheaper to stay or move to a community designed for seniors.
- Take a multi-phase approach. Seniors often take longer
than a year to actually make the move.
- Fully explore new housing options. Senior living offers a
broader range of options than ever before.
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Attorney Dewey Watson is a member of NAELA,
the National Academy of Elder Law Attorneys. One of NAELA's newest
projects is SNAPforSeniors™, an online search directory that is akin to
the Multiple Listing Service for senior housing. The SNAPforSeniors™
database includes more than 60,000 licensed senior housing facilities in
the country and is publicly available at no charge at www.snapforseniors.com.
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