Oct 24, 2016
By Estate Planning Attorney Rick Law. Rick and his daughter Diana are the lead attorneys at Law Elder Law in the West Chicagoland suburb of Aurora, IL, just off of the Farnsworth exit of the I-88 tollway.
A qualified and experienced elder law attorney will customize a personal-care agreement for your loved one as much as possible to make it a powerful document that will stand up to potential legal challenges.
A generic contract that simply states that the elder is being provided care is not going to stand up to the scrutiny of either the state’s Medicaid department or the Department of Veterans Affairs.
The affected loved one may need to qualify for public benefits; therefore, compliance with the often unfathomable regulations of the Medicaid department and Veterans Affairs must be taken into consideration.
This includes specific items to clearly demonstrate what activities of daily living are being provided. Personal-care agreements should incorporate the elder’s answers to questions like, “What do you like to eat? What do you hate to eat? Would you like to rise early or sleep in? How often do you wish to have your hair done?” This level of personalizing the care contract can give a much more persuasive argument if the contract is later challenged.
Sample daily log sheets so that the caregiver can record activities on a daily basis should be included by your attorney. Refer the family to a bookkeeping and payroll service to handle the appropriate and timely employment and tax-return filings.
On occasion the affected loved one has an adult child who is a nurse, occupational therapist, or other licensed health-care professional who is legally qualified to do more health-care than a typical layperson. In those situations, it is important to draft those health-care details into the agreement so as to provide a legal and contractual basis for a higher level of compensation than could be paid to a nonprofessional.
The typical nonprofessional caregiver will be compensated based on the normal regional private-pay rate for a non-skilled in-home care provider. A professional may be compensated at a professional rate for performing a care service within that person’s scope of expertise. It will always be necessary to keep proper records noting the hours worked, as well as the type of care given during those hours.
Too many families needlessly lose everything they have. Don’t let that be you. If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100. Your first consultation is absolutely free. We’ll let you know what steps you need to take, right now, to protect yourself and your family. Call now, because when you’re out of money, you’re out of options!
Rick L. Law, Attorney, Estate Planner for Retirees.
Rick has been named the #1 Illinois elder law estate planning attorney from 2008-2016 by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future. Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care. Call 800-310-3100 for your free consultation now!
“We would be lost without Law Elder Law! We walked in their doors over a year ago feeling lost and confused. With a father/father-in-law suffering from Alzheimer’s, we were overwhelmed by the Medicaid process, selling his home, protecting the assets he worked for his entire life, and finding him a memory-care facility that we could trust as his new home.
Law Elder Law helped with all of it! From the minute we walked out of our first meeting, we knew we (and he) were in good hands. We could not have possibly navigated all that had to be done without their expertise.”
A.M., Client of Law Hesselbaum and Law Elder Law