We Help Pennsylvania Seniors Navigate Their Special Legal Challenges
According to the most recent figures from the United States Census, about 20 percent of Pennsylvania residents are age 65 or older. And even if many elderly residents are of sound mind and body right now, that can quickly change due to a number of factors. So it is important to be ready for any legal issues that may arise as we continue to age and potentially face the need for long-term care.
Keystone Elder Law, P.C. is a team of dedicated Carlisle elder law attorneys who represent elderly residents and family members who need assistance with matters ranging from estate planning to asset protection. People are often overwhelmed by the legal issues arising from aging. That is why we are here to help. So if you have any immediate questions or concerns, you can set up a fully confidential consultation with one of our top-rated Pennsylvania elder law attorneys.
We Can Help with the Complexities of Pennsylvania Elder Law
Elder law is complicated for a number of reasons. The first is that there are a number of federal and state regulations that govern matters such as nursing homes and Medicaid that need to be understood and navigated. A second reason is that many Carlisle elders put off doing even basic estate planning until there is a crisis–and at that point, it can be much more difficult to address any problems. Finally, many Carlisle elders are simply no longer able to make personal or financial decisions for themselves without the assistance of a family member or caregiver.
Keystone Elder Law, P.C., can advise you on a number of subjects, including but not limited to:
- Disability and Special Needs: Many Carlisle elders are disabled and/or require financial assistance to pay for long-term care. This often means applying for government benefit programs like Medicaid, which have a host of complex rules and regulations that need to be followed. This includes potential protections for the home and other assets of an elder person.
- Estate Planning: One way to avoid potential complications later is to have an estate plan in place to address situations where a Carlisle elder may become infirm or incapacitated in some way. A basic Pennsylvania estate plan should include a power of attorney, an advance health care directive, and a living will.
- Guardianships & Conservatorships: Without an estate plan, it may be necessary for adult family members to seek a court-ordered guardianship or conservatorship over an incapacitated elder. A guardianship allows someone to make personal decisions on behalf of an elder, while a conservatorship applies to financial decisions.
Speak with Our Carlisle Elder Lawyers Today
Elder law is ultimately about protecting you and your family. None of us can avoid getting older. But we can take certain steps to secure our legal and financial interests as we age. Our Carlisle elder law attorneys can help you in this journey. Contact Keystone Elder Law, P.C. today to schedule a confidential, no-obligation consultation with one of Pennsylvania’s top elder lawyers.
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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.
What an amazing team you have!!! Taking charge and getting things done, but also being so understanding and compassionate
Empowering Clients with Holistic Planning at
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.
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