John L. Roberts
Certified Elder Law Attorney
John L. Roberts, J.D., is an Elder Law Attorney serving clients in Hampden County, MA. After practicing for 15 years, he confronted the challenges of family caregiving when his own father developed dementia. The experience transformed his practice, enabling him to help clients who are family caregivers from a place of true understanding.
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Question
Where can I find elder law attorneys?
Right here on this website, Agingcare.com.
https://www.agingcare.com/local/elder-law-attorneys
https://www.agingcare.com/local/elder-law-attorneys
Question
If you make too much money to qualify for Medicaid, but not enough to pay for care, does this mean only the we...
The place to go for a good answer to your question is: the office of an Elder Law Attorney in your state. The Elder Law Attorney can... The place to go for a good answer to your question is: the office of an Elder Law Attorney in your state. The Elder Law Attorney can explain how the Medicaid program can help your parents.
If the problem is "over - under" (meaning an income amount that is "over" the monthly amount that Medicaid would pay for care in a nursing home, but under the amount that is needed to pay the nursing home's "private pay" rate), the Elder Law Attorney can help your parents plan a monthly spend down program that will bring them into compliance with Medicaid regulations in your state.
If the problem is that your father can't afford memory care and an assisted living facility that can also accommodate your mother, consider whether home care can fill the gap. Again, the Elder Law Attorney should be familiar with home care programs that provide hours of care to supplement services provided by you or family members.
Guessing about your circumstances here can't provide specific solutions. An Elder Law Attorney can bring you understanding all of your options, if you take the time to explain your circumstances. see more
If the problem is "over - under" (meaning an income amount that is "over" the monthly amount that Medicaid would pay for care in a nursing home, but under the amount that is needed to pay the nursing home's "private pay" rate), the Elder Law Attorney can help your parents plan a monthly spend down program that will bring them into compliance with Medicaid regulations in your state.
If the problem is that your father can't afford memory care and an assisted living facility that can also accommodate your mother, consider whether home care can fill the gap. Again, the Elder Law Attorney should be familiar with home care programs that provide hours of care to supplement services provided by you or family members.
Guessing about your circumstances here can't provide specific solutions. An Elder Law Attorney can bring you understanding all of your options, if you take the time to explain your circumstances. see more
Question
My older sister took POA over my mother who has early stages of Alzheimer's. Can we get this revoked?
Talk with the elder protective services agency if your area, and ask for help to protect your Mom. The agency may be able to provide legal... Talk with the elder protective services agency if your area, and ask for help to protect your Mom. The agency may be able to provide legal services, leading to appointment of a Guardian and Conservator to take over the duties of financial management for your Mom. Your state may have a program that pays for a Court appointed fiduciary to manage your Mom's money.
If you can afford to consult an Elder Law Attorney in your city or town, ask about procedures in your state for Court appointed surrogate to take over the work of managing for your Mom. You could try to file the Court Petition yourself, but the attention required will take away from the time you are providing to protect the person you are most concerned about.
Your family should remember that once the Courts becomes involved, these problems will no longer be private matters among you. Substantial amounts of information can become part of the public record. see more
If you can afford to consult an Elder Law Attorney in your city or town, ask about procedures in your state for Court appointed surrogate to take over the work of managing for your Mom. You could try to file the Court Petition yourself, but the attention required will take away from the time you are providing to protect the person you are most concerned about.
Your family should remember that once the Courts becomes involved, these problems will no longer be private matters among you. Substantial amounts of information can become part of the public record. see more
Question
Can my landlord not allow me a caretaker for 12 months as prescribed by my doctor?
Your question doesn't mention the details of the problem with your Landlord, but it sounds like you may be describing a conflict over a... Your question doesn't mention the details of the problem with your Landlord, but it sounds like you may be describing a conflict over a live-in care.
Gather the facts of your situation, and contact the legal aid office in your city or town. Ask for an attorney who is experienced with Landlord Tenant law. There may be remedies available to you under federal and state laws that protect people who have disabilities. see more
Gather the facts of your situation, and contact the legal aid office in your city or town. Ask for an attorney who is experienced with Landlord Tenant law. There may be remedies available to you under federal and state laws that protect people who have disabilities. see more
Question
I can't afford a lawyer, what can I do?
Ask the Council of Aging or senior center in your town, or your local ASAP (Aging Services Access Point), for a referral to an elder law... Ask the Council of Aging or senior center in your town, or your local ASAP (Aging Services Access Point), for a referral to an elder law attorney or legal services agency.
The local agency that handles elder abuse may be able to consider whether there are grounds for investigation or intervention.
Your status as Attorney in Fact under the POA may become confused if an agency or Court determines that intervention is needed.
It may become difficult for you to anticipate all of the possible results of your brother's actions, without an attorney to represent you, as you try to protect your father's interests.
Consider whether you can get financial help from other family members, to retain private counsel. see more
The local agency that handles elder abuse may be able to consider whether there are grounds for investigation or intervention.
Your status as Attorney in Fact under the POA may become confused if an agency or Court determines that intervention is needed.
It may become difficult for you to anticipate all of the possible results of your brother's actions, without an attorney to represent you, as you try to protect your father's interests.
Consider whether you can get financial help from other family members, to retain private counsel. see more
Question
Is a personal contract required to take care of a parent?
Your question comes up frequently and your can find more answers here:... Your question comes up frequently and your can find more answers here:
https://www.agingcare.com/questions/mother-gave-me-access-to-checking-account-did-we-need-contract-431262.htm
https://www.agingcare.com/questions/mother-to-pay-2000-a-month-to-live-in-home-182257.htm
You can read more in this article:
Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
https://www.agingcare.com/questions/mother-gave-me-access-to-checking-account-did-we-need-contract-431262.htm
https://www.agingcare.com/questions/mother-to-pay-2000-a-month-to-live-in-home-182257.htm
You can read more in this article:
Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
Question
If an elderly person added someone to their bank account, can they have them removed?
The story about your friend serves as a strong warning to people who are thinking about Joint Ownership as an inexpensive way to plan for... The story about your friend serves as a strong warning to people who are thinking about Joint Ownership as an inexpensive way to plan for future disability.
Some of the cost of your friend's lesson might be recovered, if your friend hires an attorney to pursue the Godson with a legal action for conversion of your friend's funds.
But there would be costs of investigating Godson's whereabouts and his assets, plus the attorney fees and court costs of pursuing the culprit. People who take advantage of elders are likely to be "judgment proof" themselves by virtue of their own financial practices. An attorney in your state could assess whether it is worth going after Godson.
For those who read this story: avoid Joint Ownership. Consider the risks:
you may be setting up income tax problems;
transfers will have to be undone you if you need Medicaid to pay for Nursing Home care within 5 years after the transfer, and as Godson demonstrated, transfers can happen without your knowledge;
your Joint Owner could go into bankruptcy, dragging your money with them;
your Joint Owner could get divorced, dragging your money into the divorce proceedings;
your Joint Owner could have a serious accident, leaving your money subject to recovery by the injured party;
you may come to your senses and decide you don't want the Joint Owner having hooks in your money, but they refuse to sign off the account.
The good news is: you can plan for future disability with a Trust that specifically lists the powers and duties of the Trustee. The Trustee remains liable for any action he or she takes, and the Trustee must account to you and any other surrogate you designate, to keep track of what the Trustee is doing.
Even a Power of Attorney document that requires accounting by the person you designate as agent is better than signing over a bank account to a Joint Owner. see more
Some of the cost of your friend's lesson might be recovered, if your friend hires an attorney to pursue the Godson with a legal action for conversion of your friend's funds.
But there would be costs of investigating Godson's whereabouts and his assets, plus the attorney fees and court costs of pursuing the culprit. People who take advantage of elders are likely to be "judgment proof" themselves by virtue of their own financial practices. An attorney in your state could assess whether it is worth going after Godson.
For those who read this story: avoid Joint Ownership. Consider the risks:
you may be setting up income tax problems;
transfers will have to be undone you if you need Medicaid to pay for Nursing Home care within 5 years after the transfer, and as Godson demonstrated, transfers can happen without your knowledge;
your Joint Owner could go into bankruptcy, dragging your money with them;
your Joint Owner could get divorced, dragging your money into the divorce proceedings;
your Joint Owner could have a serious accident, leaving your money subject to recovery by the injured party;
you may come to your senses and decide you don't want the Joint Owner having hooks in your money, but they refuse to sign off the account.
The good news is: you can plan for future disability with a Trust that specifically lists the powers and duties of the Trustee. The Trustee remains liable for any action he or she takes, and the Trustee must account to you and any other surrogate you designate, to keep track of what the Trustee is doing.
Even a Power of Attorney document that requires accounting by the person you designate as agent is better than signing over a bank account to a Joint Owner. see more
Question
My mother gave me access to her checking account when I took care of her. Did we need to draw up a personal co...
As another Agingcare.com community member has already mentioned, your question now is really about whether any Third Parties (other family... As another Agingcare.com community member has already mentioned, your question now is really about whether any Third Parties (other family members, government agencies, creditors) will come forward and question any payments you disbursed to yourself when your mother was living.
Without a written agreement, family members like you who provide care are vulnerable. A Caregiver Contract recognizes and rewards the time and effort devoted to care, and it helps to prevent arguments and misunderstandings among other family members.
Another reason: the elder (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. A Caregiver Contract can list the organization of care and other services that are being paid for.
Finally, without a written agreement, an elder who pays you for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Medicaid could consider payments to family members as being "disqualifying transfers."
For peace of mind now, talk with a Probate lawyer in your state, to go over any details of your mother's estate that may need to be settled.
Your question serves as a gentle reminder for people who are now caring for loved ones. They can read more in this article:
Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm
An Elder Law Attorney in your state can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, and documents the compensation and services in a format that Medicaid can understand and accept. If the elder is competent to sign the Contract, or if there is an agent designated in a Power of Attorney document, the Contract can be an effective way to manage details, for those who want to focus their energy on the needs of the person they are caring for. see more
Without a written agreement, family members like you who provide care are vulnerable. A Caregiver Contract recognizes and rewards the time and effort devoted to care, and it helps to prevent arguments and misunderstandings among other family members.
Another reason: the elder (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. A Caregiver Contract can list the organization of care and other services that are being paid for.
Finally, without a written agreement, an elder who pays you for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Medicaid could consider payments to family members as being "disqualifying transfers."
For peace of mind now, talk with a Probate lawyer in your state, to go over any details of your mother's estate that may need to be settled.
Your question serves as a gentle reminder for people who are now caring for loved ones. They can read more in this article:
Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm
An Elder Law Attorney in your state can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, and documents the compensation and services in a format that Medicaid can understand and accept. If the elder is competent to sign the Contract, or if there is an agent designated in a Power of Attorney document, the Contract can be an effective way to manage details, for those who want to focus their energy on the needs of the person they are caring for. see more
Question
Can a quitclaim deed be revoked if my brother tricked my mother into signing?
It's possible to prove a real estate conveyance is invalid because of undue influence, duress, or fraud. But you'll need evidence.... It's possible to prove a real estate conveyance is invalid because of undue influence, duress, or fraud. But you'll need evidence. Talk with an Attorney in your State who knows the standards of proof. The Attorney will give you a realistic view of the case.
The courts won't give relief if the case is only a matter of your mom changing her mind. An example of that is in this AgingCare.com article: Exercise Caution when Considering a Life Estate Deed
https://www.agingcare.com/articles/exercise-caution-when-considering-a-life-estate-deed-195161.htm see more
The courts won't give relief if the case is only a matter of your mom changing her mind. An example of that is in this AgingCare.com article: Exercise Caution when Considering a Life Estate Deed
https://www.agingcare.com/articles/exercise-caution-when-considering-a-life-estate-deed-195161.htm see more
Question
Father with Alzheimer's has offered to pay me for his care instead of going to a nursing home. How much should...
In addition to the article and sample Caregiver Agreement posted here on AgingCare.com, talk with an Elder Law Attorney in your state. The... In addition to the article and sample Caregiver Agreement posted here on AgingCare.com, talk with an Elder Law Attorney in your state. The Attorney should be up to date on the rate of compensation accepted by your State's Medicaid Agency, so that your father won't be disqualified from Medicaid if he needs if in the future. The Attorney should also be able to help your father to qualify for Medicaid home care programs available in your State. see more
Question
I care for my uncle that is disabled. Is there any financial help for me?
Talk with an Elder Law Attorney in your state. Medicaid has home care programs that may make it possible for you to continue providing... Talk with an Elder Law Attorney in your state. Medicaid has home care programs that may make it possible for you to continue providing care for your uncle. Is he a veteran? If yes, check on Aid & Attendance pension, starting with many articles here on AgingCare.com see more
Question
Should I build an in-law suite and move mom here?
Talk with an Elder Law Attorney and a Geriatric Care Manager in your state, to get realistic views on whether you and your husband could... Talk with an Elder Law Attorney and a Geriatric Care Manager in your state, to get realistic views on whether you and your husband could match the level of care being provided by the Assisted Living Staff.
If a home care plan is possible, the Elder Law Attorney can explain how you can be paid for the services you provide to your mom. To budget for any home improvements you need to make to accommodate your mom, ask about these planning documents:
Caregiver Contract
Rental Agreement
Home care reimbursement from Medicaid programs in your state
If these arrangements are made properly now, your mom won't become subject to Medicaid penalties caused by disqualifying transfers of money to you.
Whether the home care option can work will depend on how much care your mom will need, and how much money she has to work with. see more
If a home care plan is possible, the Elder Law Attorney can explain how you can be paid for the services you provide to your mom. To budget for any home improvements you need to make to accommodate your mom, ask about these planning documents:
Caregiver Contract
Rental Agreement
Home care reimbursement from Medicaid programs in your state
If these arrangements are made properly now, your mom won't become subject to Medicaid penalties caused by disqualifying transfers of money to you.
Whether the home care option can work will depend on how much care your mom will need, and how much money she has to work with. see more
Question
Should I build an in-law suite and move mom here?
Talk with an Elder Law Attorney and a Geriatric Care Manager in your state, to get realistic views on whether you and your husband could... Talk with an Elder Law Attorney and a Geriatric Care Manager in your state, to get realistic views on whether you and your husband could match the level of care being provided by the Assisted Living Staff.
If a home care plan is possible, the Elder Law Attorney can explain how you can be paid for the services you provide to your mom. To budget for any home improvements you need to make to accommodate your mom, ask about these planning tools:
Caregiver Contract
Rental Agreement
Home care reimbursement from Medicaid programs in your state
If the arrangements are made properly now, your mom won't become subject to Medicaid penalties caused by disqualifying transfers of money. You and your Elder Law Attorney can also check on the zoning regulations in your city or town that may restrict what you do with your house.
Whether the home care option can work will depend on how much care your mom will need, and how much money she has to work with. see more
If a home care plan is possible, the Elder Law Attorney can explain how you can be paid for the services you provide to your mom. To budget for any home improvements you need to make to accommodate your mom, ask about these planning tools:
Caregiver Contract
Rental Agreement
Home care reimbursement from Medicaid programs in your state
If the arrangements are made properly now, your mom won't become subject to Medicaid penalties caused by disqualifying transfers of money. You and your Elder Law Attorney can also check on the zoning regulations in your city or town that may restrict what you do with your house.
Whether the home care option can work will depend on how much care your mom will need, and how much money she has to work with. see more
Question
I bought mom's house before she passed, and now her account has the money from the house. Will the nursing hom...
If the nursing home care was paid by Medicaid, it will be your state's Medicaid agency that will be entitled to Recovery of funds from... If the nursing home care was paid by Medicaid, it will be your state's Medicaid agency that will be entitled to Recovery of funds from your Mom's Estate.
You mentioned that you are attempting to do an "administrative process" to distribute your mother's money. Is this a proceeding in Probate Court? Probate proceedings would require that you notify interested parties, and your state's Medicaid agency would have an interest in recovering any funds that were paid for care during your Mom's lifetime.
If you have taken on responsibility for settling your Mom's estate, you need to talk with an Elder Law - Estate Settlement Attorney now. Explain to the Attorney the real estate transaction that you mentioned. You do need representation and legal advice. see more
You mentioned that you are attempting to do an "administrative process" to distribute your mother's money. Is this a proceeding in Probate Court? Probate proceedings would require that you notify interested parties, and your state's Medicaid agency would have an interest in recovering any funds that were paid for care during your Mom's lifetime.
If you have taken on responsibility for settling your Mom's estate, you need to talk with an Elder Law - Estate Settlement Attorney now. Explain to the Attorney the real estate transaction that you mentioned. You do need representation and legal advice. see more
Question
I am a surviving spouse of a career army officer. What options do I have for financial aid?
In addition to searching the resources here on AgingCare.com, the VA.gov website provides an overview of pension benefits.... In addition to searching the resources here on AgingCare.com, the VA.gov website provides an overview of pension benefits.
http://www.benefits.va.gov/pension/spousepen.asp
If you need care at home or in assisted living, the Aid & Attendance pension can help cover costs.
http://www.benefits.va.gov/pension/aid_attendance_housebound.asp
In my state (Massachusetts) each city and town has a Veterans Agent who is devoted to helping veterans and their families navigate the system. Your town's council on aging or ASAP can also connect you to good information. see more
http://www.benefits.va.gov/pension/spousepen.asp
If you need care at home or in assisted living, the Aid & Attendance pension can help cover costs.
http://www.benefits.va.gov/pension/aid_attendance_housebound.asp
In my state (Massachusetts) each city and town has a Veterans Agent who is devoted to helping veterans and their families navigate the system. Your town's council on aging or ASAP can also connect you to good information. see more
Question
What happens if an 85 year old currently on Medicaid inherits $72,000 in cash?
Is the person living at home? In a skilled nursing facility? The inheritance could disqualify the person from Medicaid, since the... Is the person living at home? In a skilled nursing facility?
The inheritance could disqualify the person from Medicaid, since the person's assets will be over the asset limit when the cash is distributed. But there are many ways the cash can be allocated to benefit the person, or perhaps other disabled family members, without disrupting Medicaid eligibility.
The person should talk with an Elder Law Attorney in their state, to plan for receipt of the inheritance. If the person lacks capacity to direct their financial affairs, is there a Power of Attorney document that designates an agent to manage the planning? If not, the Probate Court can designate a surrogate to act in the person's best interests.
Among the ideas to benefit the person, and maintain eligibility for Medicaid:
Purchase Non countable assets, such as prepaid funeral and burial account, personal items and services to improve quality of life
Transfer funds to a (d)(4)(C) Pooled Trust Account administered by a charity; funds from the account can pay for supplemental needs of the person
Transfer to fund a (d)(4)(A) trust for the benefit of a disabled person who is under age 65
https://www.law.cornell.edu/uscode/text/42/1396p
Using the Medicaid regulations for guidance, the inheritance presents a special opportunity to protect and improve quality of life for the person. see more
The inheritance could disqualify the person from Medicaid, since the person's assets will be over the asset limit when the cash is distributed. But there are many ways the cash can be allocated to benefit the person, or perhaps other disabled family members, without disrupting Medicaid eligibility.
The person should talk with an Elder Law Attorney in their state, to plan for receipt of the inheritance. If the person lacks capacity to direct their financial affairs, is there a Power of Attorney document that designates an agent to manage the planning? If not, the Probate Court can designate a surrogate to act in the person's best interests.
Among the ideas to benefit the person, and maintain eligibility for Medicaid:
Purchase Non countable assets, such as prepaid funeral and burial account, personal items and services to improve quality of life
Transfer funds to a (d)(4)(C) Pooled Trust Account administered by a charity; funds from the account can pay for supplemental needs of the person
Transfer to fund a (d)(4)(A) trust for the benefit of a disabled person who is under age 65
https://www.law.cornell.edu/uscode/text/42/1396p
Using the Medicaid regulations for guidance, the inheritance presents a special opportunity to protect and improve quality of life for the person. see more
Question
My sibling slow selling rental prop for NH financing. I am sole live in 24/7 caretaker almost 3 years. Burned...
Your question indicates that you have provided care for over two years, but you believe the time has come for institutional care in a... Your question indicates that you have provided care for over two years, but you believe the time has come for institutional care in a nursing home. Is your question directed toward obtaining Medicaid payment for long term care in a nursing home?
Are you taking care of a parent? One exception to the Medicaid transfer rules is the "Caregiver Exception" that allows transfer of a persons residence to a son or daughter who has provided care for more than 2 years. Section 1396p(c)(2)(A)(iv):
https://www.law.cornell.edu/uscode/text/42/1396
Another exception to Medicaid eligibility rules on countable assets allows an applicant to hold onto income producing property. Could the rental property fit into this category?
Your question indicates that a conversation with an elder law attorney in your state would open up many options for long term care resources, and Medicaid eligibility. see more
Are you taking care of a parent? One exception to the Medicaid transfer rules is the "Caregiver Exception" that allows transfer of a persons residence to a son or daughter who has provided care for more than 2 years. Section 1396p(c)(2)(A)(iv):
https://www.law.cornell.edu/uscode/text/42/1396
Another exception to Medicaid eligibility rules on countable assets allows an applicant to hold onto income producing property. Could the rental property fit into this category?
Your question indicates that a conversation with an elder law attorney in your state would open up many options for long term care resources, and Medicaid eligibility. see more
Question
Can I move into my father's condo and pay them rent equal to the mortgage payment without affecting his Medica...
You next call should be to an elder law attorney in your state. Medicaid regulations provide ways to help family members who have cared for... You next call should be to an elder law attorney in your state. Medicaid regulations provide ways to help family members who have cared for an elder who ends up needing nursing home care. One example is the child caregiver exception to the Medicaid transfer rules: Section 1396p(c)(2)(A)(iv)
https://www.law.cornell.edu/uscode/text/42/1396p
You mentioned that your father is paying "down his remaining funds." Legal representation during the application process is a valid expense that can be covered by your father's funds.
You'll likely learn of more ways you can protect your father, provide supplemental care for him in the nursing home, structure the best arrangement for the condo ownership, and get immediate approval of the Medicaid application, if you have an elder law attorney working for you. see more
https://www.law.cornell.edu/uscode/text/42/1396p
You mentioned that your father is paying "down his remaining funds." Legal representation during the application process is a valid expense that can be covered by your father's funds.
You'll likely learn of more ways you can protect your father, provide supplemental care for him in the nursing home, structure the best arrangement for the condo ownership, and get immediate approval of the Medicaid application, if you have an elder law attorney working for you. see more
Question
Mom has to move into a nursing home. Her second husband wants to walk away from home. Can he walk away and lea...
As a married couple, your mom and her husband are viewed as a unit by the Medicaid agency in your state. Before Medicaid starts paying for... As a married couple, your mom and her husband are viewed as a unit by the Medicaid agency in your state. Before Medicaid starts paying for your mom's care, the couple's assets must line up with the Medicaid regulations in your state.
Your next call should be to an elder law attorney in your state who can explain the Medicaid eligibility rules to you. You'll then have a better idea of how to approach your stepfather, to explain to him why he can't just "walk away."
It's in everyone's interest to cooperate during this difficult time. Without cooperation and coordination of the Medicaid application process, all parties in this situation can end up with unexpected, costly, and unnecessary problems. see more
Your next call should be to an elder law attorney in your state who can explain the Medicaid eligibility rules to you. You'll then have a better idea of how to approach your stepfather, to explain to him why he can't just "walk away."
It's in everyone's interest to cooperate during this difficult time. Without cooperation and coordination of the Medicaid application process, all parties in this situation can end up with unexpected, costly, and unnecessary problems. see more
Is long-term care insurance worth it?
The National Association of Insurance Commissioners publishes a Shopper’s Guide that outlines what to look for in a LTC Insurance policy. Compare policy offerings and consider:
What are the policy's limitations on home care? Are Home Care Costs Covered at all? How may days per week? What Services are Covered?
Does the policy pay family members for care giving?
Does the policy pay for 24 hour a day home care? (most do not)
What level of physical and mental impairment does it take to get the policy to pay benefits? Eligibility for coverage is based on whether or not a person can perform Activities of Daily Living. Make sure you understand the policy’s definition of ADL's. People who are unable to perform these Activities of Daily Living, and who can't obtain adequate nutrition, usually require a caregiver to support them from 12 to 24 hours each day. ADL's include: Dressing
Bathing
Toileting
Eating
Walking
Shoppers Guide is at:
https://www.ltcfeds.com/epAssets/documents/NAIC_Shoppers_Guide.pdf
(Don't confuse ADL's with Independent ADL's, which are the activities that enable a person to live independently in a house or apartment, such as: preparing meals, performing housework, taking medication, going on errands, managing finances, and using a telephone.)
My state, Massachusetts, is unique because it has a Long Term Care Insurance incentive program that exempts an elder’s home from Medicaid liens, and protects the home from estate recovery. No other state in the union has this protection. three important features that must be found in the policy: 1) coverage for at least two years of long term care, and 2) a daily benefit dollar amount of $125 and 3) elimination period (days on which services are provided to an insured before the policy begins to pay benefits) not longer than 365 days in a nursing facility or a deductible of no more than $54,750.
Because the Massachusetts law measures these requirements at the time the policy is purchased, elders can use the qualifying insurance policy to pay for community-based home care before they enter a nursing home, without fear of being disqualified by the two year requirement. The purpose of the law is to protect elders who use their long term care insurance for community-based care, so they can remain in their homes as long as possible. see more