Give Your Family a More
Meaningful Gift This Holiday Season!
Click Here to Download Keystone’s Free Holiday Gift to You!
What is an Extended Care Plan?
An Extended Care Plan can be a loving gift within a multigenerational, middle-class family. An Extended Care Plan can be given by successful adult children to their parents. Or, just knowing that aging parents have prepared an Extended Care Plan will reassure their adult children, who will have peace of mind as they realize that they need not fear being conscripted in the future into performing daily caregiving chores. A complete Extended Care Plan includes legal documents, analysis of your projected retirement income, comparing the benefits of entering a Continuing Care Retirement Community (CCRC) and/or obtaining Long Term Care Insurance (LTCI), and a strategy to avoid a nursing home. For more information about making a gift of an Extended Care Plan this holiday season, attend our free seminar on Thursday, November 29th, or give us a call at 717-697-3223.
Give your loved ones a truly “care”-ing gift this holiday!
Give this shadow box, customized with your family photo and a personal message as a tangible symbol of the Extended Care Plan!
| Sample Note from Parent(s) to Child(ren) Dear Mary and Bill,|
We want to feel independent when we get older, even if one of us gets a little bit frail. Our Extended Care Plan will give you the authority and resources you might need to supervise others to take care of us at home. Although this gift will probably come to you as a surprise, we hope it helps you feel just as loved and almost as happy as when you discovered the toys Santa Claus left for you in response to your wishes! Love,
Mom and Dad
| Sample Note from Child(ren) to Parent(s) Dear Mom and Dad,|
It’s hard to find the perfect gift for wonderful parents! We want to help you stay together in the family home as long as possible, for what we hope will be a long and healthy life. If one of you becomes a little frail as you get older, creating an Extended Care Plan now will give us the direction and resources we might need to help you stay home together safely. We hope this gift helps you feel just as loved as when we discovered the toys Santa Claus left for us years ago! Love,
Mary and Bill
We will be having a seminar on the
Thursday following Thanksgiving,
November 29th, at the Hampton Inn at the
Rossmoyne Business Center in Mechanicsburg.
If yourself, a friend or a family member is looking for some free introductory information about elder law issues, paying for long term care, or essential documents, this would be a good opportunity to meet us.
Power 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.
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.
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.(717) 697-3223