Many families wish to obtain and provide the needed care for their families in their own homes.
Without long term care insurance to assist with the cost of 24-hour care, this may not be an
option for a loved one. When family members choose to provide the care that is needed for their
parents, grandparents, or loved ones, this could have a financial impact on them. If a family
member is required to quit their job, or take a family leave, they are not able to receive the
income that their own family depends on.
In deciding whether a family member should be paid for the services that they are providing to a
loved one, it is important to take into consideration the various government benefits that may be
needed in the future in assisting with their care. The Aid and Attendance benefit offered by the
Veterans Association allows for children or family members to be paid for providing the care
needed.
The Department of Human Services, however, in applying for Medicaid for an elderly person
who has entered a nursing home, may determine these payments to children or family members
are gifts, unless specific Medicaid rules are complied with. The family is required to have a
doctor’s letter of instruction stating that this care is needed. The family then needs to have a Care
Contract between the caregiver and person needing care. This contract is required to have
specific information based on the Medicaid rules. If the family does not take the appropriate
steps in having a Care Contract entered into, the loved one could be penalized from receiving
assistance when long term care in a nursing home is needed.
Caring for our loved ones as they age is difficult for many families, and the best decision can be
made after exploring all available options. Due to the many changes in the laws that are
affecting our seniors, it is important to seek the advice of an elder law attorney to determine what
benefits are available to assist in their care.
Burgess and Sweeney Law, P.C. continue to advise clients on estate planning, elder law,
Medicaid planning, probate and trust administration, guardianships and conservatorships,
business law, and real estate. As a result of the constantly changing laws in these areas, the
information provided may change. We would be pleased to discuss this, or any other issues, in
more detail.
