As your loved ones need more care, it is important to seek advice from an Elder
Law attorney. The discussion begins with a determination as to the level of care the loved
one requires. This level of care is what determines what assistance is available and where
the loved one will need to reside to receive the care. The laws continue to change and the
choices for care continue to grow. It is no longer a discussion as to whether a loved one
will qualify for Medicaid to assist with their care in a nursing home.
If a person does not meet the level of care required to obtain Medicaid in a
nursing home, the loved one needs to look for care being provided at home, in an adult
foster care, or maybe an assisted living. This care is usually paid for by the individual. as
private pay. There may be limited assistance from the VA when a Veteran, or a spouse
of a Veteran, has medical costs that exceed their income. The eligibility requirements
should be discussed with an elder law attorney to determine whether this benefit will
provide the care that is needed.
The Medicaid MI Choice Waiver program may assist in paying for medical care
in some assisted living facilities. This program, however, has an income cap for the
person needing care. Many times the income exceeds the allowed amount preventing any
assistance. Additionally, this benefit does not pay for the room and board, it pays for the
medical care they are being provided. Full long term Medicaid will only pay for care in a
licensed skilled nursing home.
As a person’s needs increase, the loved ones will want to discuss all of these
options with not only their medical care provider, but also an elder law attorney, to
determine the best planning needed.
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.
