Life-Care Planning is a new area of elder law that helps families respond to the challenges presented by long life, illness and disability. Life-care planning is about being an advocate for your loved one in every long-term care setting and assisting the family with those overwhelming decisions.
A Life-Care Plan includes the following:
Legal Care, estate planning, including wills, trusts, powers of attorney and advanced directives; Medicaid planning; guardianships; and protection of the elder's right to safe and effective care for which he/she is entitled.
Care Coordination, which includes locating in-home help and services, coordinating home health care and long-term care, family education and decision-making support - for the rest of your loved-one's life.
Life-Care Planning in Practice
Picture you and your wife and your close friends Kathy and Joe - all in your late 60s. You get together often and enjoy talking about wintering in Florida, lots of golf and enjoying your retirement years.
One day, Joe suffers a serious stroke which leaves him partially paralyzed. He will need full-time care. Joe's wife, Kathy, however, cannot provide the full-time care he needs on her own so she seeks the help of their daughter. The daughter is very willing to help, but she has a family of her own and is subject to her family's needs as well. Therefore, Kathy will have to get some in-home care for Joe to supplement what she and her daughter can do.
The end result here is that Kathy and Joe’s lifestyle has completely and unexpectedly changed. Their financial stability is now also at risk with the high cost of in-home care, which is quickly depleting their savings and putting their other assets in jeopardy. If this continues, Kathy faces the real possibility of becoming an impoverished spouse if she lives long into her senior years.
Time to Assess Your Situation
This is truly a heartbreaking situation, but not an uncommon one. Fearing the same thing could someday happen to you, you and your wife decide to consult with your estate planning and financial team.
You have no children, so you cannot count on them to help in case of a debilitating illness or injury. Imagine your legal and financial team reviewed your current assets and retirement plan. You have paid off your house, faithfully saved money in your 401(k) accounts, and have a healthy IRA. You even have a cottage on Cape Cod. A devastating illness, however, is no match for the typical American’s retirement savings.
The current cost of a nursing home is $12,000 per month, $144,000 per year and $720,000 for a 5-year stay in today’s dollars. In-home care costs are considerably less, at about half the cost of a nursing home stay. At these rates, a long-term care situation, even for one person, can easily wipe out a couple’s savings. In addition, a lien could be placed on your homes, preventing you and/or your spouse from selling them or obtaining a reverse mortgage or home equity loan. (Watch Dennis Sullivan explain how you can take control of your legacy, not leaving your estate to nursing homes or the IRS.)
Moral of the Story: Plan Ahead - Consider all the options.
After considering your age and the fact that you were both in good health, your estate-planning attorney might recommend looking into long-term care insurance. To reduce your premiums you might decide to buy a “shared” care plan. With a shared care plan, a couple can buy a plan for a set amount to be shared. So instead of buying two $300,000 plans, a couple may choose to buy one $500,000 plan to share, which can save some premiums. The benefits of such a plan include:
The confidence knowing you could handle an unexpected life event if it occurred.
The knowledge that if one of you became ill or injured, you would have the resources to be cared for in your own home and not be forced to move into institutionalized care.
Asset protection insurance – your retirement savings would not be jeopardized. (Caution: You must still protect your assets from financial exposure in excess of policy limits.)
Life can change in the blink of an eye, and although you can’t be prepared for everything, you can prepare for long-term care expenses as long as you coordinate your planning to cover risks and provide you with the flexibility and lifestyle that suit your comfort level and budget.
In our experience of more than 25 years helping people and their families in this area, it is the combination of the legal and financial protection, which is best. In-home care insurance pays for your family member to stay at home and also provides a care coordinator to make sure that he/she is taken care of and the level of care is maintained.
In addition to insurance, it is also very important to have all their assets protected with a protective trust in case an extended nursing-home stay is unavoidable. With the right legal protection of your home and life-savings, your spouse and your legacy will be safe. You will never become a victim of nursing home poverty. You will have done all you could to protect yourself, your spouse and your legacy. If this makes sense to you, please let us know; we will help you get started. To learn more about protecting your home, spouse, family and life savings, attend a free, educational Trust, Estate & Asset Protection Workshop . Register online or call 800-964-4295 (24/7) for upcoming dates.