Life Care Planning vs. Medicaid Planning
The National Academy of Elder Law Attorneys describes the elder law attorney in this way:
“ . . . The elder law practitioner handles general estate planning issues and counsels clients about planning for incapacity with alternative decision making documents. The attorney would also assist the client in planning for possible long-term care needs, including nursing home care. Locating the appropriate type of care, coordinating private and public resources to finance the cost of care, and working to ensure the client’s right to quality care are all part of the elder law practice.”
Despite this, people continue to equate elder law with the preparation of legal documents and qualification for Medicaid. It is so, so much more. Engaging in asset protection planning in a vacuum will NOT fulfill the true goal of most families, namely enhancing the quality of life for the aging or ill family member, without sacrificing one’s own family, finances or health.
As time goes by, we are leading healthier lives, which is good. We are avoiding lengthy nursing home stays. Also good. We are instead in need of chronic care in our homes. Not good.
Caring for an incapacitated elder is not intuitive. Unless a family member has professional experience in medicine or long-term care advocacy, most families simply don’t know the right questions to ask and find themselves totally dependent upon the system to guide them through the process. They are forced to be reactive, rather than proactive. And I think many of us would agree that the system is not client-centered, and is inadequate to address the quality of life and dignity issues facing an incapacitated client.
Enter the professional Care Coordinator. The Care Coordinator, hired by the family, will be the client-focused agent who will allow the protected resources to be appropriately used to enhance the quality of life for the client, while also allowing the family to give time to the client without sacrificing their own family, time or money. The Care Coordinator assesses the client’s needs as well as the needs of family caregivers. From those assessments, the Care Coordinator develops a care plan, and works with caregivers on a peer level. Generally this removes any hostility an organization might feel toward attorney involvement. The Care Coordinator understands the medical plan of care, and can easily assess the appropriateness of the plan. If the family notices any lapses in care, the Care Coordinator can informally discuss these lapses with care providers or request a care conference. This all prevents the need for the family to take an adversarial role with care providers; the Care Coordinator can deal with the care issues on a professional basis.
Couple the Care Coordinator with the elder law attorney in the Life Care Planning Law Firm and you get a powerful team. What is more important to the incapacitated client—time spent by family members on researching Medicaid, nursing homes, and other care issues or time spent with the incapacitated person, sharing a meal or listening to the complaints of the incapacitated person where no one else will quite the same way as a family member?
An elder law attorney with the help of a Care Coordinator can remove the burdens of planning and financing for the proper care of an incapacitated client, thus allowing family members time to spend with the incapacitated client. With the assistance of a Care Coordinator, an elder law attorney will be in a position to provide better advocacy for the client than without such assistance.
Tags: Life Care Planning
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