Guiding Seniors and Their Families in Cumberland County
As we age, concerns about our future well-being become more pronounced. Despite proactive planning, unexpected financial and legal challenges often arise when navigating our Golden Years. In such instances, seeking the guidance of an experienced Shiremanstown elder law attorney who can provide legal advice and representation is invaluable.
Keystone Elder Law, P.C. is dedicated to assisting elderly residents of Cumberland County and their families. Whether you need assistance crafting an estate plan for yourself or require guidance in applying for Medicaid benefits on behalf of an elderly parent, we strive to demystify the process. Even if you simply have questions about where to begin, we offer a no-obligation private consultation to address your concerns.
Comprehensive Elder Law Services for South Central Pennsylvania Residents
Elder law encompasses a wide range of legal matters directly affecting Shiremanstown seniors and their families. Many of these issues are complex and require the expertise of a skilled legal professional. We assist clients in various areas, including:
- Estate Planning: Have you created a will? If not, now is the time. However, estate planning extends beyond a will. A comprehensive estate plan should include a power of attorney, a health care directive, and a living will to safeguard your interests while you are alive.
- Medicaid and Long-Term Care Planning: As more Shiremanstown elders require costly nursing home care in their later years, Medicaid can provide financial assistance. However, careful planning is necessary to protect your assets, as Medicaid imposes strict regulations on the amount of property you can retain while receiving nursing home benefits.
- Guardianships: In the absence of a valid power of attorney, a court may need to appoint a guardian or conservator for an incapacitated elder. This individual will be authorized to make important personal and financial decisions on their behalf.
- Estate and Trust Administration: Many Shiremanstown elders seek to ensure their wealth is distributed responsibly and efficiently, minimizing potential tax and probate complications. We can provide guidance on various estate and trust administration strategies.
Consult with Our Shiremanstown Elder Law Attorneys Today
Elder law encompasses numerous interconnected subjects, which is why Keystone Elder Law, P.C. takes an interdisciplinary approach when assisting our clients. We take the time to listen to your family’s unique circumstances, evaluate your options together, and determine the best course of action.
To initiate this process, contact us today to schedule a confidential initial consultation. Our elder law services extend to clients in Shiremanstown, as well as throughout Cumberland County and the broader South Central Pennsylvania region.
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REGISTER HERE for LONG-TERM CARE PLANNINGPower of Attorney
A Power of Attorney can be used to give another person the right to sell a car, home, or other property in the place of the maker of the Power of Attorney. A Power of Attorney might be used to allow another person to sign a contract for the maker of the Power of Attorney (the person who makes a power of attorney is called the “principal”). It can be used to give another person the authority to make health care decisions, do financial transactions, or sign legal documents that the principal cannot do for one reason or another. With few exceptions, Powers of Attorney can give others the right to do any legal acts that the makers of the Powers of Attorney could do them themselves. A General Power of Attorney gives the “power of attorney Agent” or simply “Agent” (the legal name of the person who is authorized to act for the principal) very broad powers to do almost every legal act that the principal can do. When Elder Law Attorneys draft general Powers of Attorney, they still list the types of things the Agent can do but these powers are very broad. People often do general Powers of Attorney to plan ahead for the day when they may not be able to take care of things themselves. By doing the General Power of Attorney, they designate someone who can do these things for them.
Normal Powers of Attorney terminate if and when the principal becomes incompetent. Yet many people do Powers of Attorney for the sole purpose of designating someone else to act for them if they cannot act for themselves. It is precisely when persons can no longer do for themselves that a Power of Attorney is most valuable. To remedy this inconsistency, the law created a Durable Power of Attorney that remains effective even if a person becomes incompetent. The only thing that distinguishes a Durable Power of Attorney from a regular Power of Attorney is special wording that states that the power survives the principal’s incapacity. Even a Durable Power of Attorney, however, may be terminated under certain circumstances if court proceedings are filed. Most Powers of Attorney done today are durable.
Yes. At the time the Power of Attorney is signed, the principal must be capable of understanding the document. Although a Power of Attorney is still valid if and when a person becomes incompetent, the principal must understand what he or she is signing at the moment of execution. That means a person can be suffering from dementia or Alzheimer’s Disease or be otherwise incompetent sometimes but as long as they have a lucid moment and are competent at the moment they sign the Power of Attorney, it is valid even if they do not remember signing it at a later date. At the time it is signed, the principal must know what the Power of Attorney does, whom they are giving the Power of Attorney to, and what property may be affected by the Power of Attorney.
Any competent person eighteen years of age and older can serve as an agent. Certain financial institutions can also serve. There is no course of education that agent must complete or any test that Agent must pass. Because a Power of Attorney is such a potentially powerful document, agents should be chosen for reliability and trustworthiness. In the wrong hands, a Power of Attorney can be a license to steal. It can be a big responsibility to serve as an agent.
For Medicaid
Medicare is health insurance and covers medical services such as physician appointments, therapy, blood tests, x rays, medical procedures and hospitalization. Medicare will sometime pay for rehabilitation in a long-term care facility for a period of 20 to 100 days, but not longer. In long-term care, Medicaid covers the cost of ongoing support services for daily functioning, such as room and board in a nursing home.
Medicaid is a federal program that is overseen by the Center for Medicare and Medicaid Services (CMS). In Pennsylvania, Medicaid is called Medical Assistance and is administered by the Department of Human Services (DHS).
In Pennsylvania, Medicaid funds are not available to pay for assisted living or personal care.
For Medicaid to pay for care in a nursing home, an individual recipient must be determined to need a nursing home level of care by a physician and the local Office of Aging. An individual whose income is not greater than three times the poverty level may keep up to $8,000 of total resources, but may otherwise keep only $2,400. The cash value of life insurance counts as a resource, but one car and a residential home does not count as a resource.
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Keystone Elder Law
At Keystone Elder Law, we believe that the physical, social, legal, and financial considerations of our clients all intertwine. We utilize an interdisciplinary approach to evaluate each area, which allows for the creation of a plan that addresses the concerns of the individual as a whole as well as the family. To this end, our model of practice includes a Care Coordinator (usually a nurse or social worker), whose expertise complements our team of attorneys.
When the road of life is smooth, decisions about legal and financial matters are easy to push aside for “a rainy day.” Planning ahead, however, will allow for more options as you view the map of where you’ve been and where you want to go. Don’t let a crisis limit your choices or derail your plans.
(717) 697-3223