Attorneys Addressing Elder Law Issues
There are many challenging issues that face seniors and their family members who are trying to help them. Nursing home and health care costs are skyrocketing and can quickly wipe out a person’s life savings. We at Evey Black Attorneys LLC recognize that seniors have worked hard their entire lives and want, where possible, to preserve and protect their assets. No matter what stage of life you are at, our elder law attorneys work with you and your family in a supportive, caring and respectful manner to help you navigate the difficult issues surrounding Medicaid and nursing home planning; dementia and related cognitive disorders; in-home care; elder abuse and financial exploitation; asset transfers, gifting and protection; powers of attorney; and guardianship.
POAs And Guardianship — Dealing With Dementia
Dementia and other cognitive disorders can seriously impact a person’s ability to make and communicate health care decisions and handle finances. This may lead to elder abuse in the form of financial exploitation. A power of attorney (POA) offers you the ability to choose who handles your finances and/or assists in making medical and care decisions if dementia or some other incapacitating condition sets in.
Many people don’t realize that the law gives you the opportunity to choose what powers you give another person over your affairs — it is important to understand how your POA works and what powers are contained in it, and it is likewise very important to have a power of attorney tailored to meet your specific needs and wishes. If no power of attorney is in place and you become mentally incapacitated due to dementia or some other debilitating condition, guardianship is usually necessary to protect a vulnerable adult and allow for medical decisions and financial management of that person’s affairs.
Guardianship differs from a POA in that the guardian is appointed by the court. This can be an emotionally difficult time for the family. We at Evey Black Attorneys LLC approach the guardianship process with compassion, understanding and diligence. We handle all aspects of guardianship litigation: gathering the facts necessary to file the petition; working with the appropriate medical professionals; representing you at all phases of the guardianship hearing; and obtaining a final order. We also provide supportive legal services and guidance for those who are agents appointed under a POA or guardians appointed by the court to ensure that agents and guardians meet their legal responsibilities and requirements.
Answers To Common Pennsylvania Elder Law Questions
Long-term care planning can raise concerns about your home, legal choices and family care. Below, we have provided answers to frequently asked questions to help explain issues that may affect you in Pennsylvania.
Can a nursing home take my house in Pennsylvania?
A nursing home does not usually take your house because you enter the facility. Still, your home can affect Medicaid planning and estate recovery. After your death, Pennsylvania may seek repayment from your estate for Medical Assistance benefits paid for long-term care after age 55. The result may depend on how you own the home, who survives you and whether an exception or hardship waiver applies.
Transferring your home to a loved one also can delay Medicaid eligibility. Do not change the deed before you understand the impacts. An elder law attorney can review your options.
What is the difference between a power of attorney and a guardianship in Pennsylvania?
A power of attorney is a legal document that you sign while you still understand the choice you are making. It allows you to name an agent who can manage the financial, legal or health care duties you assign. You may give that person broad authority or limit the agent’s powers to fit your needs and wishes.
A guardianship, in contrast, begins through a formal court case. The court must find that you cannot manage key personal or financial matters before it appoints a guardian. Planning ahead may help your family avoid the time, cost and stress of guardianship proceedings. However, you must sign a valid power of attorney before incapacity prevents you from making that decision.
Can I pay my child to be my caregiver without jeopardizing my Medicaid eligibility?
You can often pay an adult child for caregiving work. However, informal payments can create problems when you later apply for Medicaid. Pennsylvania asks about assets transferred during the 60 months before a long-term care application. Payments may appear to be gifts without a written agreement, fair rate and proof of services.
A caregiver agreement should state the duties, schedule and payment terms before work begins. Keep time records and proof of payment. Avoid retroactive payments unless an elder law attorney reviews the plan. Proper records can show that your child received fair pay for care.
For more support, review Pennsylvania’s Area Agencies on Aging directory.
Caregiver Support And In-Home Care
We recognize that no one wants to go into a nursing home unless absolutely necessary and no other alternatives exist. There are a variety of in-home care services that can often supply the level of care needed and avoid the necessity of a nursing home admission. Our community has many alternatives and resources, but sometimes the responsibility for in-home care falls on a family member. The elder law lawyers at Evey Black Attorneys LLC understand the challenges facing a family caregiver and can prepare a caregiver agreement to ensure that the family member legally receives compensation for the work associated with providing assistance to his/her loved one, instead of that money going to a nursing home.
Evey Black Attorneys LLC is committed to protecting the rights of seniors and providing them and their families with the guidance and compassion needed during what can be emotionally challenging and stressful times. Let us help you and your family by contacting us at our Hollidaysburg or Roaring Spring offices. A consultation can often bring peace of mind and understanding to an otherwise difficult family situation.