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Well, Here’s Another Fine Mess You’ve Gotten Us Into! No Good Deed Goes Unpunished

How Can They Do That

1. Loved One Needs Long-Term Care. You just can’t do it anymore. Mom or Dad need the services only a long-term, skilled care facility can provide. You have put off the nursing home as long as possible. Millions of reasons, only one remaining option. You hoped it would never come to this.

2. Reality Check. No one wants to be in a nursing home. Yet the nursing homes are full. Why? It is because everyone’s highest ambition is to wind up in a nursing home? Because families want their loved ones there? Or maybe we should consider the possibility that nursing home services simply are not available anywhere else. Perhaps nursing homes fill a real need.

3. Who Pays the Bill? Skilled nursing home care is almost unbelievably expensive. Good luck finding any place that charges less than $400/day. Most are more. And when you figure in the expenses? All those little things that are not included in the daily rate… $12,000 – $15,000/month.

4. But Medicaid Pays! Right? Your life savings are exhausted. You sold the cottage. You sold the classic car. All the money is gone. Surely now you will qualify for Medicaid. Right? Not so fast. Medicaid rules are extremely difficult to understand. Medicaid rules are even more difficult to follow. Says who? Says the United States Supreme Court. Medicaid rules and regulations are “an aggravated assault on the English language, resistant to attempts to understand it.” Schweiker v. Gray Panthers, 453 U.S. 34, 43 (1981).

5. When Medicaid Does Not Pay. It is not at all unusual for regular folks to lose months of Medicaid eligibility when applying for long-term care benefits. Tens of thousands of dollars owed to the nursing home that Medicaid will never pay. And Mom and Dad are broke. Already sold all their assets. Spent all their money. Flat. Busted. Broke. What is a nursing home to do?

6. Can’t Get Blood Out of a Turnip. Mom and Dad are broke. No dough. Tough luck for the Nursing Home? Maybe. Maybe not. If they cannot get blood out of the turnip, maybe they can get some out of the turnips’ kids. Or neighbors.

7. Follow the money. Why do nursing homes pursue the kids? The friends? The relations? As Willie Sutton (world famous bank robber) said, “Because that’s where the money is.”

8. Even National Public Radio has noticed! Nursing homes, as reported by National Public Radio, are increasingly pursuing collection efforts against everyone with a pulse and a few bucks.

9. What’s a body to do? Glad you asked! Most of the outrageous tactics that the worst offenders use are as illegal as Willie Sutton’s bank robberies. Is it bad enough that nursing home care is absolutely necessary for Mom or Dad? Is it worse if you get sued over the bill?

10. Do Not Be A Victim! Help Your Loved Ones… And Protect Yourself. Your loved ones need you. Does that mean you will be victimized? Protect yourself! Here’s how:

Laying The Trap How Do Unscrupulous Collectors Pick Your Pocket?

Nursing Home admissions can be intimidating. Page after page of single-spaced legalese. Who can understand this stuff? Plus, you finally found a home with a bed. An open bed! Willing to take your loved one. And all you have to do is sign here. And here.

Here, too. And over there. And please initial these 23 paragraphs… Wonderful! You just signed over your financial future. Whoops!

Most facilities do not engage in such blatantly illegal practices. But it does happen. Not around here, of course. Be on the lookout for the following:

1. Financially Responsible Party. As you were plowing through all those nursing home admission documents, you noticed that you were signing as” “Financially Responsible Party” or simply “Responsible Party” or “Representative.” These words do not mean that you must pay out of your own pocket. The financially responsible party/representative is only obligated to use the loved one’s money to pay. But you are agreeing to use their money for those expenses.

2. Personal Guarantee. Sometimes an additional document slips into the stack. A personal guarantee… meaning that if there’s an outstanding bill, you have agreed to pay it.

Once you have signed these documents, if the nursing home does not get paid, guess who they are coming after? You get 3 guesses and the first 2 don’t count… Tens of thousands, even hundreds of thousands… And you are not dealing with the nursing home personnel anymore. Now you are dealing with a collection agency. Imagine a ravening wolf. Bloody fangs. Merciless dead eyes. Razor sharp claws. Now imagine a ravening wolf with a telephone. Get the picture?

Is it ridiculous to think that the collection agent who gets paid on commission may not be overly nice? That the commission-paid collector is less impressed with legal niceties than their coming paycheck? Say it ain’t so!

There Oughta Be A Law!
Actually, There Is A Law…
3 Federal Laws

Concerned by this sort of collection exploitation, Congress protected seniors and their families with 3 federal laws.

Nursing Home Reform Act

Isn’t it good to know that your Senators and Representatives don’t spend all day, every day pandering to special interests? Once in a while, probably by mistake, they do something that benefits regular folks. Thanks to our public servants, the Nursing Home Reform Act has gone a long way to root out some of the worst practices.

Under the Nursing Home Reform Act, the facility cannot “require[e] a person other than the resident to assume personal responsibility for any cost of the resident’s care.” If the facility accepts Medicare or Medicaid (and they ALL accept one or both), it is illegal to require anyone to personally guarantee payment. No family member, caregiver, friend, or other person can be required to personally sign off on the nursing home charges. The facility cannot make this a condition of admission, expedited admission, or continued services and residency.

Some facilities, however, continue to put these provisions into contracts and separate documents.

Then the bill collectors then throw these illegal agreements in your face. Frequently honest, forthright folks are intimidated. You think, “Well, I signed the agreement, I have to pay! I am on the hook!” No… You Do Not Have To Pay! You do not have to comply with any illegal agreement. If someone holds a gun to your head and says, “Sign here or else!” Do you think that contract has any validity? Of course not. Same here.

Fair Debt Collection Practices Act, Fair Credit Reporting Act

Oldies but goodies! The Fair Debt Collection Practices Act and Fair Credit Reporting Act have been cornerstones of federal consumer protection law for decades. Not as focused as the Nursing Home Reform Act, the Fair Debt Collection Practices Act forbids “any false, deceptive, or misleading representation or means in connection with the collection of any debt.” The Fair Credit Reporting Act prohibits those wolves with telephones from ruining your credit with inaccurate information.

So, if a collection action violates the Nursing Home Reform Act, it also violates the Fair Debt Collection Practices Act. It’s a twofer! And if the action is reported to the credit agencies, that’s a violation of the Fair Credit Reporting Act too. Trifecta!

Debt collectors also prey on honest people’s authentic desire to do the right thing. That’s why they frequently claim that friends and family members cheated the facility, committed fraud, financial abuse of the elderly, and a raft of other ugly allegations. None of which are true. Lying to a consumer by telling them that an unenforceable debt under federal law is actually collectible… that is illegal under the Fair Debt Collection Practices Act.

Threatening your credit rating is another favorite tactic. Also illegal. Trying to collect an illegal debt often leads to violations of the Fair Reporting Act. The collector claims that your credit will be ruined. But that cannot happen because the collector cannot provide negative information that the collector knows is incorrect. And they know it is incorrect because we tell ‘em so!

Can They Do That? Nope!

Can They Get Away With It? Only If You Let Them!

Tune in next week when we cover what you can and should do when confronted with long term care facility admissions documents… News You Can Use!

Why Don’t You Deserve A Little Payback For All The Taxes You Paid In?

Why Do You Want To Spend Your Last Nickel On Long-Term Care?

Why Shouldn’t The Government Spend Your Money For You?

Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all.

It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

The post Why Are Nursing Homes Suing Friends And Neighbors? appeared first on Carrier Law.

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“There Are No Easy Answers, But There Are Simple Answers.”

“We Must Have The Courage To Do What We Know Is Morally Right.”

The Truth:
Why Your Trust Will Fail, Almost Always

1. Wrong Goals. You want to avoid probate, save taxes, make it easy for the kids. Everyone accepts the sales job. Everyone thinks these are the correct, popular, attractive goals. That’s why probate is never going away. The tax situation you leave is a mess. And the kids will be at each other’s throat.

2. Wrong Tools. Beneficiary designations, living trusts, pour-over wills, ladybird deeds. All intended to accomplish the Wrong Goals. No use when reality strikes.

3. Wrong Process. If you are using the Wrong Tools to achieve the Wrong Goals, is it any surprise that the Process is wrong too? Almost universally, so- called estate planners take the easy way out. They avoid the hard work, the follow-through that leads to success. The job is left half-done. You take the fall. And the blame.

4. Simple, But Not Easy. Ronald Reagan said, “There Are No Easy Answers, But There Are Simple Answers.” Effective planning, LifePlanning™ is not easy. But LifePlanning™ is simple.

5. Correct Goals + Correct Tools + Correct Process = Success. Is it wrong to focus on the real threats to your security and well-being? Is it foolish to use legal tools that have been proven thousands of times over the last thirty-three years? Is it worth spending a little more time and money now for lasting, lifetime success? Or do you wish to join the Probate Parade? Deceive yourself and your family? Invite Nursing Home Poverty? It is your choice, isn’t it?

Job #1: Avoid Nursing Home Poverty

People get old. Keep breathing in and out and you’ll see. It just happens. You are not as young as you used to be. Sixty is the new fifty. Yeah, but 80 is still 80. At least 90 is the new 80, right?

You cared for your parents. Folks in the neighborhood, the lady from church, nieces and nephews, other younger people could be hired to help. But today?

America is aging. We are, on average, getting older. We did not have as many kids as our parents. There are fewer young people. Fewer people to provide long- term care.

More old people. More demand for services. Fewer young people. Less supply of services.

What happens when there is increasing demand and decreasing supply?

What happened to the price of infant formula when the biggest factory shut down?

What happened to the price of oil when oil exploration leases were cancelled?

What happened to the price of gas when pipelines were shut down?

What happened to the price of eggs when avian flu hit the chicken coops?

What happened to the price of imported goods when the ports and harbors were clogged?

What happened to the price of electricity when somebody discovered that solar panels don’t work without the sun and there’s this thing called “night” that follows “day”? Or when the same somebody discovered that wind does not always blow?

What happens when supplies have already been taken by somebody else?

What if there were an unnamed virus of unknown origin that made people sick? And what if people believed that a certain type of respiratory mask would help avoid sickness? What if there were not enough “masks” to go around? What if someone looked ahead and got a supply of “masks”? If someone had planned ahead, what would the consequences be?

Every time you get behind the wheel of your automobile, you have a chance of dying in a car crash. Every single time. Americans do die in car crashes. One American dies for every 70,000,000 vehicle miles (that’s SEVENTY MILLION miles!) traveled. The average car trip is about 10 miles. So, you have a one in 7 million chance of dying each and every time you get into your car. (“Thank you” to the National Highway Transportation Safety Administration and the Bureau of Transportation Statistics for these numbers – your tax dollars at work!) Americans drive a lot. We drive so much that over the course of our lives, we have an almost 1% chance of dying in that crash. Thank goodness for air bags, crumple zones, and seat belts!

Another branch of our beloved federal government (Department of Health and Human Services) says that at age 65, you have a 70% chance of needing an average of 3 years of skilled care. A big chunk of us, 20%, will need more than five (5!) years of care. Skilled care can come from family members, friends, paid help, long-term care facilities.

Let us recap. Less than 1% chance of flaming car crash death like in the movies. Greater than 70% chance of long-term care. Which one do you care about? Which bad result do you strive mightily to avoid? Which unhappy ending do you simply accept?

Motor vehicle mayhem is bad! Somebody ought to do something! And you do. Drive safely. Buckle up. Hands on the wheel. You know the drill.

Nursing Home Poverty is bad! So let’s ignore it? Let’s pretend it happens to somebody else. Anybody else. Even though the reality is that Americans hardly ever die in car crashes and almost all need long-term care. Care that is harder to get and more expensive by the day. If you can get it at all.

How To Avoid Nursing Home Poverty

Hang Onto Your Money and Stuff While Qualifying for Benefits. You are a taxpaying, conscientious, charitable, forward-thinking, God-fearing American. You pay into the system. You expect some payback from the system. Safe roads. Clean water. Food that is not poisonous. Protection from bad countries that want to make war on us. Not so long ago, we also expected the police to stop shoplifters and vagrants. That was back when we also expected that our national borders counted for something. Remember? Good times, good times.

Social Security. Regular folks who go to work each day also expect that they will have a minimum sort of income when they can no longer work. We call this: “Social Security.” Payroll taxes go in, monthly payments come out. You, the American taxpayer, pay for Social Security. You get payback for your pay in. You don’t have to be broke to get the Social Security you have earned and paid for.

Medicare. Regular folks who go to work each day also expect that they will have a minimum sort of health care when they can no longer work. We call this: “Medicare.” Payroll taxes go in, Medicare taxes/ premiums go in, medical payments come out. You, the American taxpayer, pay for Medicare. You get some payback for your pay in. You don’t have to be broke to get the Medicare you have earned and paid for.

Medicaid. Regular folks expect that there will be no provisions whatsoever for long-term care. We call this the triumph of hope over experience. You pay until you are flat broke. You can keep your house, but have no money for upkeep, taxes, insurance, or utilities. When you are flat broke, you must pay almost all your income to the nursing home or residential care facility. After you are flat broke (except for $2K).

How is long-term health care different than short-term health care? Or income? Or basic income support? It all comes from your tax dollars. You paid for all of it. Why should you go broke? Why shouldn’t you have choices? How is any of this fair? And it gets worse…

What if you were not the penny-saving, bill-paying, overtime-taking, money-for-a-rainy-day-type person that you are? What if payday meant casino-day? What if you were a consistent over-spender? What if your bankruptcy lawyer was on your Christmas card list? Well, then that long-term care is free, free, free. You are in debt to your eyebrows? Come on down!

It is only the responsible people who suffer from the current long-term care situation. People who planned ahead for themselves and their families. People who believed that they had “saved enough” to take care of it. People who believed their so-called “estate planners.” Whoops!

How Do You Protect Yourself And Your Loved Ones By Protecting Your Stuff?

Simple Answer. Get long-term care benefits without going broke. Medicaid wants you broke. But you do not have to accept what Medicaid wants. You can protect what you have earned. Here’s how:

How Medicaid Works

1. What If You Give Away Your Stuff?

What if you give away your stuff and then apply for Medicaid benefits? Medicaid will say, “We will not help you. You had stuff and gave it away. And so we will not pay.” This is called the “Penalty Period.” Medicaid will excuse itself for a period of time. The more you gave away, the longer Medicaid will not pay. Right now, for every $10,000 you give away, Medicaid will not pay for a month. Give away $120,000, Medicaid will not pay for an entire year! But then Medicaid will pay.

In the meantime, while Medicaid is not paying, the nursing home is suing you. And your kids. And your friends, And your first-grade teacher. And anyone else you gave stuff to. You thought you could keep the house? Ha-ha. You thought you could keep an automobile. Yuk-yuk. Whoops!

Funny thing, though. What if you gave away your stuff more than five (5) years ago? What if sixty-one (61) months ago you gave all that stuff away? Then you applied for Medicaid? Things are different. Now Medicaid does not care that you ever had that stuff at all. Does not matter.

So perhaps you should give all your stuff away. Right now. To the kids. Your neighbors. Your first-grade teacher. Then wait for five (5) years. And if you ever need long-term care after that, no problem! Medicaid does not care that you had that stuff and gave it away. Great Plan!

By now, the sharpest knives in the drawer have spotted the problem with this brilliant approach, right? If you give your stuff away, then you have no stuff. And you like your stuff. What to do?

2. What If You Give Away Your Stuff Without Giving Away Your Stuff?

How can you give away your stuff without giving away your stuff? By using a particular kind of trust, that’s how. For Medicaid purposes, you gave your stuff away. For federal tax purposes, state tax purposes, common sense purposes, you did not give your stuff away.

The IRS doesn’t think you did anything when you put your assets in this type of trust. Medicaid says you “divested” those assets. Medicaid says you gave those assets away. Medicaid starts the Five-Year Clock. Five (5) years after putting those assets into that trust, Medicaid will not count those assets as yours. And you will qualify for the Medicaid benefits you have paid for. Without sacrificing your lifesavings, cottage, other stuff.

3. Why Should You Want To Qualify For Medicaid Benefits And Keep Your Stuff?

Why? Do you like paying for the same thing twice? Are you opposed to getting any return on your tax dollars? Does the government know what to do with your money better than you do? Would it be a bad thing to get the government benefits you’ve paid for and have additional lifesavings to purchase additional goods and services? Is it wrong to get the same deal from the government that irresponsible folks get? Would it be better to be flat, busted broke and forced to go to a nursing home than to supplement at-home Medicaid with lifesavings to remain at home? Are your kids and grandchildren so undeserving and ungrateful that you’d rather give your money to the government?

4. This Is Too Good To Be True! Tricksy Stuff Like This Never Works For Regular Folks! Plus It Must Be Wrong Or Immoral Or Something Else That’s Bad Or My Planners Would Have Told Me All About It! And What If I Move Out Of State? And Give Me A Minute And I’ll Think Of Something Else…

On February 8, 2006, Congress overhauled the Medicaid system. Congress replaced 50 states going in 50 different directions with some general principles that apply to everybody. Seventeen years ago, I was shocked when this happened. The Medicaid landscape was rewritten, much to the distress of our long-term care clients. Tools and techniques that had been proven reliable were wiped out. But there was a silver lining to this dark cloud of Medicaid reform.

No longer did it make sense to wait-and-see. The environment was different. Now we had some assurance that a Michigan plan could work in Florida. Or Texas. Or South Carolina. But not California, nothing works in California.

Not only did we have a legal structure that worked from coast to coast, we could rely on that structure to be stable. And so it has proved. Over the last 17 years, thousands of these LifePlanning™ trusts have been implemented by regular folks. And they have worked. Every time. Saving millions of dollars. For regular folks. To maintain dignity. To preserve families. To keep the promise that hard work, saving, planning, and doing the right things will have good consequences for you, your spouse, your family.

For every Medicaid application involving these trusts, we submit a full copy of the trust and all the supporting documents. Total disclosure. Candid honesty. Written evidence. Full documentation. This stuff works because we scrupulously, thoroughly, exhaustively comply with every law, rule, precept, and policy.

Going broke is a choice. Your choice. It is not chance, bad luck, or misfortune.

Why Don’t You Deserve A Little Payback For All The Taxes You Paid In?

Why Do You Want To Spend Your Last Nickel On Long-Term Care?

Why Shouldn’t The Government Spend Your Money For You?

Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all.

It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

The post How To Ensure Your Success appeared first on Carrier Law.

Read the Print Version

Better To Light One Candle Than Curse The Darkness
Like A Presidential Press Conference: Typographical Errors Ignored – Punctuational Poltroonery Preserved And Not Legal Advice!

“Neither A Borrower Nor A Lender Be” – Shakespeare

Am I responsible for my husbands credit card debt if the cards are only in his name?
My husband is in a Medicare skilled nursing facility and is receiving SSI disability and is expected not to recover. Am I responsible for his credit cards that he took out in his name only?

Accurate Answer: You are not responsible for your husband’s debts. That is because the credit card company loaned money to your husband, not to you. One hopes you do not feel any twinge of responsibility for his debt.

Problematic Puzzle: Why do credit card companies issue credit cards to older folks who have no reasonable ability to pay them back? Fact: Most older folks are basically honorable. And don’t go bellyaching and begging for debt “forgiveness.” Does the immediate 3-4% credit card fee on everything folks buy on the credit card have anything to do with it? Hmmmm.

Obnoxious Observation: Our correspondent states that her husband in in a “Medicare skilled nursing facility” and “receiving SSI disability.” Probably not. Medicare only pays for a short (20 days) period of rehabilitation. Then you have a $200/day co-pay for the next 80 days.

But Medicare will boot you off rehab before you get the 20 days, so don’t worry about the next 80. Appeal all you want. You will lose. So, husband is probably on Medicaid. And when Social Security figures that out, the Supplemental Security Income (SSI) will vanish. And if anyone tells you that you’ll get 100 days of nursing home on Medicare, feel free to roll your eyes.

“Venus Smiles Not In A House Of Tears” – Shakespeare

Can the next door neighbor sell my friends house , I have a will, he is in nursing home?? My friend is in a nursing home with a brain tumor I am in his will, his next door neighbor wants to sell his house, can he?

Educated Guess: Next Door Neighbor is the guardian/conservator for your friend. OR Your friend has given Next Door Neighbor a financial power of attorney with real estate provisions.

Accurate Answer: Next Door Neighbor has the authority to sell your friend’s house, whether that authority was granted by the Probate Court or by your friend directly. It is common for folks to sell all their stuff when the $10-15,000/ month nursing home bill arrives. It is not usually a good idea, but it is popular. And there you have it.

In Case You Were Wondering: The will has nothing to do with any of this. A will is simply instructions to the Probate Court after the testator (person who made the will) has died. After the person has died. Not before. After death. Postmortem. Will don’t mean a thing.

Until you have died. Period.

“The World Is Not Thy Friend, Nor The World’s Law” – Shakespeare

Can I keep getting my medicaid insurance if I inherent money from a lost parent
My mother recently passed away and left me some inheritance. Medicaid insurance is stating that if i have over 2,015 dollars in my bank account i will lose my insurance. I am
almost disabled and have to have my insurance. This does not make sense to me.
Could you please help me understand if this is right. Thank you

Accurate Answer: Most Medicaid programs for older folks, including the one that pays your Medicare premiums, have an asset limit. The limit on “countable assets” is usually $2000. Countable assets include cash, real estate that is not your homestead, a second car, gold bars, and other items of value. So, if you have $2015 in the bank, you are over. And with Medicaid, over is over. If you are over by one dollar, you are over. If you are over by one million dollars, you are over. And then you lose your benefits.

Shopping Suggestion: Go to the grocery store. Buy a gallon of milk, a loaf of bread, 2 dozen eggs, a stick of butter, 2 pounds of hamburger, a couple of apples. Or one bottle of wine. There. Now your bank account is below $2000! You are welcome, sir!

“Love Is Like A Child, That Longs For Everything It Can Come By” – Shakespeare

What is the best way for me to legally get paid for caring for my bedridden mother 24/7 who draws SS? She lives with me now, and I provide 24/7 care for her, changing her diapers, providing her meals, setting her up for her meals, brush her hair, clip her nails, wash and fold her clothes, pay her bills, etc. My power bill is taking a hit due to the TV and oxygen condenser constantly running.

Would charging rent be the best way? She does have a separate POA person.

So, mother doesn’t mind paying me. Is there a limit to what I can charge? I know the nursing homes take the entire check less $30, then they take that if you want to watch TV in the room to pay the cable bill. So, all my mother needs is to be taken care of, and whatever she needs, I can buy her.

Accurate Answer: In Michigan, the Bridges Eligibility Manual was rewritten years ago to make it virtually impossible to pay a family member caregiver. There is a procedure, but it is so convoluted that regular folks living regular lives will not be able to qualify.

Parent paying rent is a different story. But. Involve a rental property management company or real estate agent (get two of ‘em!). Get a written opinion. What is the market rental for the square footage mom will occupy in your home. Get it in writing.

Do not pay for mom’s stuff. Do not pay her cable bill. Or for her groceries. Or anything else that mom would have to pay for herself. Mom’s expenses have to come from mom’s pocket. This is a trap for generous kids. Over and over. You go to the grocery store. You buy the stuff on mom’s list. You pay for it all. You circle mom’s stuff on the receipt. Mom reimburses you. But because mom has no legal obligation to reimburse you, it will be treated as a gift. And mom will be penalized. So. Use mom’s debit card at the grocery store. Have mom pay her own cable bill. Otherwise, when (if) mom needs long-term care, Medicaid will say she has been giving her money away. And Medicaid will hit mom with a penalty period. Not good.

Will Your Kids Unite In Thanksgiving?

You Worked Hard, You Played By The Rules
Is It Bad For Your Family To Get A Bit To Be Thankful For?

Did You Leave Your Loved Ones A Belly Ache Of Stale Candy?

Traditional estate planning is concerned with avoiding probate, saving taxes, and dumping your leftover stuff on your beneficiaries. After you die. Nobody cares what happens to you while you are alive. How does that help anyone? Stupid.

Traditional estate planning fails because the overwhelming majority of us will need long-term skilled care. 70% of us. For an average of 3 years. And we will go broke paying for it.

Is it surprising that thousands of recreation properties: cottages, cabins, hunting land, are lost to pay for long- term care? Why is your estate planner hurting you and your family? It is evil intent? Or stupidity?

LifePlanning™ defeats Nursing Home Poverty. Keep your stuff. Get the care you have already paid for. Good for you. Good for your family. Good example for society.

When my mother suffered from the dementia which led to her death, over 10 years ago, their estate plan preserved their lifesavings. Mom’s months in the nursing home did not mean Dad’s impoverishment. Dad spent the last years with security and peace of mind.

Is Now A Bad Time For A Real Solution?

Perhaps you think you already have an answer to this problem. Maybe you do not see this as a problem at all.

It is possible that you do not believe in the passage of time or its effects on you.

Peace of mind and financial security are waiting for everyone who practices LifePlanning™. You know that peace only begins with financial security. Are legal documents the most important? Is avoiding probate the best you can do for yourself or your loved ones? Is family about inheritance? Or are these things only significant to support the foundation of your family?

Do you think finding the best care is easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now. (800) 317-2812

The post Letters | If Shakespeare Had Written Legal Advice… appeared first on Carrier Law.

Download the Print Version

We Also Scream To Avoid Planning

Don’t worry, be happy
Ain’t got no cash, ain’t got no style
Ain’t got no gal to make you smile
Don’t worry, be happy
‘Cause when you worry your face will frown
And that will bring everybody down
So don’t worry, be happy
“Don’t Worry, Be Happy”

—Bobby McFerrin

Did Your Parents Raise A Sluggish Sloth Or A Competent Character?

When you get home at night, do you leave the lights off? Does the thrill of bumping into things, falling down the stairs, and stepping on awkward items appeal to your adventurous spirit? Do you favor a life of anxiety? Do you look forward to high blood pressure, poor digestion, experiencing that creepy feeling of dread? Are you opposed to happiness and contentment? Do you embrace chaos and upset? Or do you seek Peace of Mind®?

Would you be surprised to learn that there are two paths to Peace of Mind™? The first path involves effort, work, dedication, stick-to-it-iveness, dauntless spirit, reasonable focus on accomplishment. Path #1 is where you find volunteer firemen, blood donors, the folks you can count on.

More popular is Path #2. The second path requires ignoring your own obvious needs and the needs of those around you. Ignorance is Bliss! Stick your head in the sand. If you cannot see it, it cannot hurt you. Gee, I wonder if the crowds at those new marijuana dispensaries are on Path #1 or Path #2…

Unfortunately, you were brought up by folks who chose the first path. Work, love, dedication, achievement. All those uncomfortable things that get in the way of TV binge watching. Consuming YouTube cat videos. Absorbing bargains galore on the home shopping networks. Golly, your folks made it very difficult for you to live the sweet couch potato life.

How can you get beyond your inbred desire to deliver? Vanquish your drive to survive? Squash your sense of responsibility? Unraveling habits of a lifetime can be difficult, but, as they say, it’s not the size of the dog in the fight, but whether you can have your cake and eat it too!

Olympic athletes train for years to hone their skills to a razor edge of perfection. You have worked for years to reach your goals, raise your family, do a great job at work, and be a valued member of your church, community, team, euchre tournament. You are an Olympian of the American Dream. A Medal of middle-class Gold hangs from your neck. Your world celebrates!

But now the looming spectre of estate planning looms like a hideous hobgoblin. You feel an inner urge to get this done…see it through. Will power is not enough. Fanatical focus will fail. How can you run away from the dreadful demons of trusts, wills, and powers of attorney? Is resistance futile? Is an Estate Plan inevitable? How can you escape?

Super easy! Barely an inconvenience. With the following professional excuses, you can put off facing the facts almost indefinitely. You are welcome!

Warm Up To Provide Peak Performance

“Everyone Has The Will To Win But Very Few Have The Will To Prepare To Win.”

—Vince Lombardi

Olympians and professional football players getting ready for the “big game” share a secret. All elite athletes know that mental and physical preparation is key. Can you escape your future-planning responsibilities without focused training? Of course not!

Follow the protocol. Stand in front of a full-length mirror. Hands on hips. Throw your head back. Suck your gut in. Stick your chest out. Draw and deep breath, then…

Loudly And Firmly Proclaim These Statements Three (3) Times:

• Only Nerds Want To Retire Comfortably
• Financial Security Is Bad. And Impossible
• I Want To Die Broke, Splurging My Last Nickels
• On Long-Term Care
• I Look Forward To Nursing Home Poverty
• My Spouse Can Look Out For Herself. Or Himself.
• My Kids Don’t Need Money And Would Waste Any Inheritance Anyway

Excellent! And now for a cleansing breath… Your body tingles. Your mind expands. You have looked forward all week to this installment. The moment of truth has arrived. Excellent

Excuses. Decisive Defenses. And now, Effective Evasions to frustrate and deflect any attempt at making you look ahead.

LifePlanning™ Is Unnecessary And A Total Waste Of Time & Money Because:

Firetrucks have sirens because loud noises are great! Whoever is yelling must be winning…
So let’s get loud. As follows:
Number One: Raise your voice and strongly state: “LifePlanning™ is Stupid, Superfluous, and a…”
Number Two: Quickly follow with one of these Negative Nuggets:

#10 … Waste Of Time Because It Is Overkill!

All I want is a simple will! All these fancy schmancy papers would be great for Thurston Howell the 3rd or maybe multimillionaire Bruce Wayne. You have to understand, we are working folks who managed to save a little. Paid off the house. Contributed to the 401(k). And here you are dumping all this confusing paperwork on us. Sure, I like to go deer hunting, never miss it. But you’re trying to get me on an African safari shooting elephants! Fishing for bluegill, perch, bass, and the occasional muskie is the best. But you want me to chase down the great white whale Moby Dick. Sorry! It is all just too much. Simple is best. Mom and Dad had a will. Gramma and Grampa had a will. And that’s fine by me!

Totally agree! Simple is best. That’s why you simply put blocks of ice in the icebox to keep your perishables from perishing. Newfangled refrigerators, who needs ‘em? Simple is best. That’s why you have always refused to have flush toilets in your house… ever hear of an outhouse that backed up? Ever need a plunger in a privy? Of course not. Who needs all that confusion? Besides, it is good for the kids to pump the handle when they want water… and we even brought the handpump into the kitchen… in my day it was out in the yard.

Yes, simple is best. Mr. Ford made the Model T in every color anyone could desire: black. Who needs windows on the sides, anyway? Some poor deluded folks actually have windows that go up and down. And cars that blow warm air around in the winter. And cool air in the summertime. Gosh that is just too much! Simple is best. Next thing you know, you’ll want special belts or something to protect passengers in a crash. Or balloons that pop out of nowhere so you don’t go through the windshield. That stuff is not for you! Simple is best.

Folks next door got this talking picture box. Like the movies, but at home. Almost as big as the movies. Just awful how confusing it is. Simple is best. Our 1935 Zenith Stratosphere 1000Z radio receiving set burnt out its tubes a few years ago. But it still looks good and besides, I couldn’t find Little Orphan Annie on the dial anymore. Simple is best.

And do not get started on modern medicine! With their highfalutin’ cardiac bypasses, pacemakers, cataract eye operations and penicillin. Humph. Lydia E. Pinkham’s Vegetable Compound was good enough for Granny and it’s good enough for me. Simple is best.

So let your friends buy cars with wind-up windows, air conditioning, air bags, crumple zones and upholstery that survives little kids. You don’t need a garbage disposal. Or indoor plumbing. Or an electrical refrigerator that makes ice cubes. Cell phones, cable boxes, streaming TV services, big screen TVs, flat screen TVs, gas stoves, microwave ovens, running water. So complex! You are very simple.

Are you against airbags in your car if it means your spouse doesn’t fly through the windshield? Are you against LifePlanning™ if it means your spouse is not left in nursing home poverty? Does it matter if you are the one going through the windshield? Left in poverty?

Are you opposed to indoor plumbing and central heat? Are you opposed to doing what must be done to get benefits that you value?

Albert Einstein was a very smart fellow. And he did not like things that were too confusing or complicated. And this is what he said:

Everything should be made as simple as possible, but not simpler.

Simple is good. But is it still good if you lose your savings, house, cottage, independence?

#11 … Waste Of Time Because I Will Spend It All Anyway!

Do you know anyone who goes to the payday lender? Anyone who heads to the casino as soon as their Social Security money shows up? How many people do you know that, as soon as they pay off one installment contract, run right out and get into another one? Can you imagine buying groceries on a credit card? Can you imagine buying groceries on a credit card when you don’t pay off the balance each month? Can you imagine paying 26.5% interest on last night’s dinner?

Did you hate paying off the mortgage? Do you wonder how some people don’t seem to care how much money they owe? Some of your co-workers used to complain about how they always had more “month than money”. Did you ever think, “Hey knucklehead, maybe if you weren’t always buying the latest and greatest doo-dad, gee-gaw, or watchamacallit, you’d have more money than month.”? Did you ever think anything like that?

Since everyone always has saved enough money to pay for long-term care, there is no need for any government long-term care program. So Medicaid is bad and wrong. It is just like Social Security. Everyone always has saved enough money to pay for their retirement. There’s is no need for any government retirement income program.

But wait! Social Security is different! You paid in. With every paycheck, the government skimmed off 15+% FICA (employer and employee) to pay for Social Security. So getting some return on your Social Security taxes is OK!

Help me out here… Is Medicaid different? Did you ever get a paycheck where you didn’t pay federal and state income taxes on every nickel you earned? Does the government run Medicaid for free? Did you somehow skip out on paying for Medicaid? With every paycheck. And Social Security check too?

Why are you opposed to getting something back for all the dollars you paid in? It is OK to get Social Security because you paid taxes for it. But it is bad to get long-term care Medicaid because you paid taxes for it?

There are lots and lots of Medicaid programs – dozens of them. Most Medicaid programs provide for our fellow Americans who have very little. But there is a slice of Medicaid, middle-class Medicaid, that pays for long-term care. For all Americans. Even you.

For most Medicaid programs, you have to be broke. Middleclass Medicaid lets you keep your house, up to $700,000. And your stuff, no limit on value. And your “motorized vehicle”, also no limit.

So, Medicaid is bad and you hate it. You hate it so much that you will spend all your money. Then, sell the house and all your stuff, spend all that too. And then wind up on Medicaid anyway. Sounds like a plan to me! Good luck with that.

#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!

Medicaid nursing homes, long-term care facilities, skilled nursing facilities, assisted living facilities, and anyone else who provides Medicaid care are just the worst! If a facility accepts Medicaid, the place smells bad, the staff is rude, the management is poor, and the care is awful. God forbid that you or a loved one is ever condemned to a Medicaid facility or is forced to receive Medicaid services. Great excuse!

Gee, I wonder what percentage of skilled nursing facilities accept Medicaid? 10%? 30% 50%?

Actually every skilled nursing facility accepts Medicaid. All of them. 100%. Do you have enough money to pay $10,000 – $15,000 per month for skilled care? For an average of 3 years. With a good chance of 5 years? Is it ridiculous to think that nursing homes would like to get paid when you go broke? Are you opposed to caregivers getting paid? Do nursing homes get everything for free?

Not so fast! Everybody knows that there are very few “Medicaid beds”. You know, the ones that they seal with plastic. So the bedbugs cannot escape. Just a few Medicaid beds.

Funny thing, though. About 70-80% of long-term, skilled nursing facility residents are paid for by Medicaid. How did that happen? Maybe because all beds are Medicare-certified. And all Medicare beds can be paid with Medicaid dollars.

#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!

Medicaid is for poor people (meaning people without any money or stuff). And you have money and stuff, so Medicaid is not for you! Logical! Makes sense!

Question: How long will you have any money or stuff if you are paying $10-15,000 per month for long-term care?

Are you opposed to not going broke? Is it ridiculous to think that you (or your loved one) might get better care if your lifesavings had not melted away like a snowflake on a hot griddle? Are you against paying for the extra services you want?

You get a shower a week in a long-term care facility. How often do you shower now? Are you against paying some of your hard-earned savings to get a shower more frequently?

If your long-term care “insurance” (also known as Medicaid) paid for the $10-15,000 cost of basic services, and, if your lifesavings were intact, would you choose to spend some of those savings to make your days more pleasant? Do you want to be poor? Is poverty more noble? Is it honorable to spend down a lifetime of work in a matter of months? Does it make sense to believe that the government knows best? Is it foolish to plan for your future?

#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!

Yesterday I was looking in the mirror. I felt depressed. I said to my bride of 15 years, “Honey, when I look in the mirror I see an old, fat, bald guy, and it depresses me. Honey,” I said, “I need your help.”

“Oh?” said the love of my life, “How may I be of service?” “Honey,” I replied, “I need a compliment. Looking at this fat, old, bald guy in the mirror here is bringing me down. I really feel the need for some compassion, a compliment would sure make me feel better!”

“Well,” said my soulmate, “Your eyesight is damn near perfect!”

Since I have been wearing glasses since the 8th grade, my wife’s compliment was exactly what the doctor ordered. I felt better immediately. So, when I ask you, “Is it ridiculous to think that you are not getting older, you are getting better?” Remember this little love tale of mine. And draw your own conclusions.

And the hits just keep on coming! More great excuses are on their way!

Here’s a sneak preview of the next fabulous five excuses to avoid planning:
#10 … Waste Of Time Because It Is Overkill!
#11 … Waste Of Time Because I Will Spend It All Anyway.!
#12 … Waste Of Time Because Medicaid Won’t Work When I Need It!
#13 … Waste Of Time Because Every Other Attorney Must Be Doing This!
#14 … Waste Of Time Because If This Worked, Every Other Attorney Would Be Doing This!

Is Now A Bad Time For A Real Solution?

Perhaps you already have all the answers. Maybe this is no problem at all. Possibly you do not believe in the passage of time.

Your habits and values have earned you peace of mind and financial security. LifePlanning™ is the easy part. You worked for the peace that only comes with financial security. What is most important, legal documents? Avoiding probate, is that the best you can do? Is family about inheritance? Or are the deeper things most significant?

Is any of this easy? Do you want to get lost in the overwhelming flood of claims and promises? Or would you like straight answers?

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

The LifePlan™ Workshop has been the first step on the path to security and peace for thousands of families. Why not your family?

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.

Get Information Now.
(800) 317-2812

The post When You Absolutely Positively Have To Put It Off Until Some Other Time appeared first on Carrier Law.

A Pandemic Of Potpourri
Did Somebody Get Into The “Potent Potables”?

Ten Inspirational Quotes
Profound Or Just Confusing?
You Be The Judge.

1. It’s not the days in your life, but the life in your days that counts. — Brian Williams
2. The best way to predict the future, is to create it. — President Abraham Lincoln
3. Success is how high you bounce when you hit bottom. — General George S. Patton
4. A career is wonderful, but you can’t curl up with it on a cold night. — Marilyn Monroe
5. I’ve missed more than 9,000 shots in my career. I’ve lost almost 300 games. 26 times, I’ve been trusted to take the game winning shot and missed. I’ve failed over and over and over again in my life. And that is why I succeed. — Michael Jordan
6. You only live once. But if you do it right, once is enough. — Mae West
7. To avoid criticism: Say Nothing. Do Nothing. Be Nothing. — Aristotle
8. When the grass looks greener on the other side of the fence, it may be that they take better care of it there. — Cecil Selig
9. Keep away from people who try to belittle your ambitions. Small people always do that, but the really great ones make you feel that you, too, can become great. — Mark Twain
10. We can’t help everyone, but everyone can help someone. — Ronald Reagan

BONUS QUOTE: “What is written in the Law?” Jesus replied. “How do you read it?” He answered, “ ‘Love the Lord your God with all your heart and with all your soul and with all your strength and with all your mind’ and ‘Love your neighbor as yourself.’ ” “You have answered correctly,” Jesus said. “Do this and you will live.” — Luke 10:26-28

MEDICARE MISHEGAS
“OY VEY! DE GOY IST USING A YIDDISH WORD… SOME CHUTZPAH, DA KLUTZ!”
“QUIT WITH DE KVETCHING, BUBBE… MENSCH OR MESHUGGENEH, WHO CAN SAY?
HE’S TRYING AND THAT AIN’T BUPKIS” BASICS

1. Medicare is a Mulligatawny Stew of Health Insurance Options, including Original Medicare, Medicare Advantage, and Part D Prescription Drug Plans.
2. 2.1 million Michiganders, Michiganians, or Great Lakes Staters are enrolled in Medicare.
3. Everything Changes Every Year! Open Enrollment is NOW! GOOD STUFF is available.

MEDICARE ADVANTAGE SUPPLEMENT INSURANCE (PART C AND SOMETIMES PART D)

1. Average Monthly Medicare Advantage Insurance Premiums DROPPED from $35 to $29 per month for 2022.
2. 25 new Medicare Advantage Plans are available in 2022. Total: 191 DIFFERENT Plans.
3. Some Medicare Advantage Plans have ZERO, that is $0 per month premiums.
4. 18 Advantage Plans offer rewards and incentives for healthy behaviors.
5. Advantage Plans, including Advantage Plans with ZERO premiums, are available to ALL (that’s 100%) of Michigan Medicare folks.

MEDICARE STAND ALONE PRESCRIPTION DRUG PLAN (PART D)

1. 23 Stand Alone Prescription Drug Plans (Part D) are available in 2022.
2. Many Advantage Plans include Part D coverage.
3. 99% of Medicare recipients can lower their 2021 premiums.
4. Part D Plans start at $7.50 per month.

OPEN ENROLLMENT… OPEN ENROLLMENT… OPEN ENROLLMENT

You get the chance every year to change your MEDICARE SUPPLEMENT INSURANCE. The time is NOW! From October 15 through December 7. Do NOT miss this opportunity to evaluate your Medicare insurance. Maybe you already have the best plan of all time. Maybe there’s a new one that would fit you better. You do not get to complain if you do not get involved. So get involved in your own health care insurance. You have choices.

The Government evaluates all the various plans and assigns STAR ratings to each. One Star or Five Stars? That is your choice. The ratings are available right now on MEDICARE.GOV.

GET INFORMATION NOW!

“Don’t be a shmendrik… Listen to the spiel… Mazel Tov!”

You can watch a super video class on your 2022 Medicare choices. It is so easy!
1. Prepare a nice hot cup of tea. And a muffin or scone.
2. Go To davidcarrierlaw.com
3. Click on “Free Workshops”
4. Click on “Visiting Expert Series”
5. When You Get to the Visiting Expert Series page, scroll down to “In Case You Missed It.”
6. Click on “Medicare AEP (Annual Election Period)”.
7. Relax! Sip the tea. Nosh the scone. Absorb the information!
8. Decide… Do you want to make changes?

THE REST OF THE STORY…

Your Medicare, along with Medicare Supplement Insurance and Medicare Advantage Plans are essential pieces in assembling the puzzle of your health plan. Hospitalization. Disease. Injury. Bad Stuff that Happens. Medicare is there when you need acute care. Or a new knee.

But Medicare is only part of the story. What about long-term care? What about at-home care or assisted living? What about nursing home care? What about the $185.50 co-pay for Days 21-100 of rehabilitation services? What about NO COVERAGE AT ALL for Days 100+? Medicare is not the answer for these questions.

Medicaid is the rest of the story… Find out at a LifePlan™ Workshop. Or come to the Navigating Medicaid Webinar sponsored by MLive!

PANDEMIC PANDEMONIUM: FREE COVID CASH
TRILLION HERE, TRILLION THERE, PRETTY SOON YOU’RE TALKING REAL MONEY
EMPLOYEE RETENTION TAX CREDIT – THROW MONEY OUT THE WINDOW!

FULL DISCLOSURE: For the last 31 years, from the very start, the Firm paid taxes. And paid. And paid. Freedom is not free. Blessings of Liberty have a price. But now we have the World Turned Upside Down. Government wants to give the Firm money. To keep folks employed. To keep the lights on. And the Firm has said yes. Including this galloping geyser of cash called the Employee Retention Tax Credit. The Firm is happy to duke it out with other law firms on any fair ground. But when the government starts spewing cash, the game is rigged. And it’s either play by their rules or lose. The Firm does not like to lose. So, the Firm took the PPP. And the ERTC. And we don’t like it. But your highly trained, motivated, and grateful team is still here to serve you and your family.

The 2020 CARES Act gave us this payroll tax credit. The Employee Retention Tax Credit. It has been extended through December 2021. The ERTC is worth up to $10,000 per employee for 2020. For 2021, it’s up to $28,000 per employee (70% of each employee’s earnings, per quarter, up to $7000). This is not chump change.

You get the money if:
a. Your business was partially (or fully) shut down by COVID, or
b. Your revenue was down by 20% in any 2021 quarter this year (50% in any 2020 quarter) as against the same quarter in 2019.
c. By the way, what if your income was down in the first quarter, but not the second? Under the alternate quarter rule, you can use the first quarter to qualify for the ERTC in the second quarter.
1. Here’s where it gets crazy. You can still claim the credit in the first quarter! Your business only qualifies for one quarter, but you can claim for 2 quarters? Yes. Nuts, right?
d. ERTC is supposed to offset employer payroll taxes. And it does. But what if you do not have enough employer payroll taxes to use up the credit? The IRS sends you a check. Not kidding.
e. Jed Clampett was surprised to find oil in his backyard. You may be just as shocked to discover this little fountain of fun. Too bad, you missed out in 2020, right? Nope, just go back, amend your returns, and get a nice fat government check.

EXIT QUESTION: Would You Give $3.5 Trillion Dollars to the Goof-balls Who Dreamed This Up? Do You Think They Would Spend the Money Wisely? Would You Want Them Running a Hotdog Stand? Collecting Your Garbage? (Apologies to waste haulers everywhere!)

SURE IS GREAT TO FIND OUT HOW THINGS REALLY WORK…
UNCOVER THE ELEPHANT!

Elephants to the left of us, elephants to the right… Sneaky devils! Cleverly camouflaged by the global investment industry, the legal profession, government, and others.

Can you handle the truth? I knew you could! Come find out what is really going on…

Most people know that long-term care is the stinkiest elephant in the herd. But you can get the straight story. Accurate information. Clear thinking. What you truly need to know.

Of course, you are busy. So much going on. We make it easy. Get the information, insight, inspiration you need. To live your life. Make smart decisions. Cut through the fog. It is your turn. For you. For your loved ones.

NO POVERTY. NO CHARITY. NO WASTE.
It is not chance. It is choice. Your choice.
Get Information Now.
800-317-2812

The post This Is Jeopardy!® Let’s Meet Today’s Contestant… It’s You appeared first on Carrier Law.

Wide Wide World Of Shorts (Short Answers!)
The Thrill Of Legacy, The Agony Of Probate

Note: These Questions Are From Real People. Unedited. The Glitchy Grammar, Strange Spellings, Problematic Punctuation And Other Offenses Against Literacy Appear In The Original Questions. Unedited.

My mother is in a nursing home, she is now almost out of money and we will be applying for medicaid soon. while we are working to get medicaid. and while the cash is gone, can the nursing home kick mom out for non payment?

—Koncerned Kid

Dear Koncerned: Question #1: Once the Medicaid application is complete, with all 300 pages of attachments, Medicaid still has 45 days to respond. And it is often much longer. No surprise to the nursing home. No big deal. They will wait. A skilled nursing facility is much like a hospital when it comes to pay and refusing services. Government requires that the hospital and the home MUST provide services. Even if they do not get paid. Sure, there is a “kick mom out” procedure if she does not pay. But “involuntary separation” is complex and difficult for the home. And they always lose. So the nursing homes hardly ever bother. The Result: HUGE bad debts that will never be paid. HERE’S A THOUGHT: Ever wonder why nursing homes and hospitals are so expensive for us middle class folks? Gee… Maybe all the “free” services have something to do with why nursing homes cost $400 per day and a hospital aspirin is $12? [Who’s up for “free” college?]

Question #2: If mom’s name is on an account, caseworkers figure mom must own the money. Not true, of course, but that is how they think. If you can prove that the money came from the niece (or other person on the account)… hurrah! If not, too bad, so sad.

The absolute worst is when mom, dad, son, daughter, niece, nephew, butcher, baker, candlestick maker all put their social security, pension, IRA distribution, paycheck and everything else into the same account. And then pay the bills. Good luck, Chuck! Now Medicaid counts the same money against different folks. Nightmare! Do not put all the money together. Keep it separate.

Can I stop the sale of a house?

—Sale Stopper

Dear Stopper: Medicaid absolutely requires that Aunt sell the house for fair market value. If she fails, Medicaid will hit Grandfather with a penalty period. “So what the heck is ‘fair market value’?” I hear you say. Well, there are many definitions.

My favorite says: Fair Market Value is the price that would be paid by a willing Buyer and a willing Seller with knowledge of all relevant facts.

You may not like that the housing market seems overheated. It sure seems that way to me! Time and again, several buyers will make multiple offers on a single property… and ALL of them higher than the listing price! But that simply IS the market.

The State says different. Every year you get a tax statement on your house with an assessment. By the state Constitution, that assessment (the “SEV”) is supposed to be one-half of your home’s Actual Cash Value. Everybody knows that is just bunk. You would never sell your house for twice the SEV. And neither will anyone else.

So there is only one way to find out what the Fair Market Value actually is. Put it on the market. Find out what other people would pay for the house. Simple as that.

ANSWER TO THE QUESTION YOU DID NOT ASK: Should we sell the homestead, when Grandfather is likely to need Medicaid? No! What Einstein came up with THAT idea? Oh… It was in a video on the Internet… Please tell me you are not falling for that! Er, uh, I mean… Selling the homestead is more than likely an ill-advised course of action. Harumph.

Sell homestead. Spend money for services Medicaid would pay for. Huh? It is possible, however unlikely, that this is a great idea, a brilliant strategy. But I doubt it. Consider that the homestead is a store of value. Leverage it to provide additional services to Grandfather while he is on Medicaid. Call me and I will happily explain in more detail.

What are the tax consequences of caring for my parents (both in hospice) and accepting funds from them from their ssi and saving

—Care Medicaid Taxes

Dear CMT: Tax Question You Asked: Any money you pay to brother or his wife to provide services for mom and dad will be taxable income. Brother and Wife will have to pay federal, state, local income taxes. Plus federal self-employment tax. Did I mention Workers’ Compensation and Unemployment Taxes? And now that we have COVID, there’s a whole new raft of requirements. See IRS Publication 926, Household Employer’s Tax Guide. Enjoy! https://www.irs.gov/pub/irs-pdf/p926.pdf

Depending on how you set it up, these burdens will descend on your brother and sister-in-law and/or on your mom and dad. Yes. It is a nightmare.

Medicaid Question You Did Not Ask: Congratulations! You jumped through all the tax hoops necessary to hire family members! Paid all the additional costs. Filed all the paperwork. Now you are an expert! But what about Medicaid?

Unfortunately, even though you already complied with a telephone book’s worth of rules and regulations, you are not done yet. You must submit to Medicaid. If you do not, every nickel legitimately paid for services will be treated as a Medicaid gift. You read that right: Does not matter that you paid taxes, insurance, etc. All those dollars are a gift in the eyes of Medicaid.

Funny thing about the Medicaid rules for paying family members. I do not believe it is possible to comply with them. At least I have never seen anyone comply with these rules. And I believe that is on purpose. Medicaid does not like folks paying family members for care. That was a policy decision made years ago. And we are living with it today.

P.S. There is a Medicaid program of limited scope that will pay family members to be caregivers. But family members cannot pay family members without creating a penalty period. Generally speaking.

Can a person make you sell your primary residence that was left in a will to 2 unrelated people?

How Sharper Than A Serpent’s Tooth,
An Ungrateful Grandchild!

Dear Sharper: Can Greedy Grandchild evict Sainted Spouse? Maybe. (Don’t you hate that word?) Depends. (Another hateful word!) But in every legal matter, the actual words matter.

Maybe the Will is painfully simple. Let’s say the Will only states that the remaining property is divided between Surviving Sainted Spouse and Grasping Greedy Grandchild. Nice and simple, right? Thank goodness those lawyers did not make it all confusing and hard to understand.

Well, the simple truth is that now GGGrandchild can get the Probate Court to evict SSSpouse. And then sell the property. And then divide the money. Whoops! Where is SSSpouse supposed to live now? Did Old Grand-dad intend to throw his beloved to the wolves? Kick her to the corner?

Maybe the Will is a little more complex. What if the Will states that SSSpouse and GGGrandchild are joint tenants with rights of survivorship. Whoops Again! GGGrandchild cannot evict his step-grandmother (if there is such a thing), but he can now move into the homestead. With his Great Dane. And all his biker-gang friends. Old Grand-dad has a lot to answer for!

Perhaps the Will excludes Grasping Greedy Grandchild by giving Surviving Sainted Spouse an exclusive life estate. She alone can live in the homestead. Until she dies. But then she goes to a long-term care facility. And for the next 10 years, until she passes, no one lives in or uses the homestead. Except a few lonely raccoons. And a bat or two. Whoops yet Again! Because no-one is paying the taxes, the city takes the house. Because no one is living there, it becomes a crack house. Because no one is paying the insurance, it burns to the ground.

On the other hand, Old Grand-dad was a sharp old bird, a crafty codger was he. He put together a LifePlan™. No worries with long term care. At-home care. Assisted Living. Skilled Nursing. No problem!

Yes, there are more words in a LifePlan™. Some folks find it confusing. Truth! But now the results are tailored to the need.

The LifePlan™ provides a Residence Trust for the Surviving Sainted Spouse. She lives there as long as she maintains the property. Pays the taxes. Buys the insurance. What if she needs skilled care at a nursing home or assisted living facility? Now the house can be sold. The cash proceeds are held in trust to supplement the Medicaid benefits she receives. And GGGrandchild? He gets his share. Sooner, rather than later. When all the needs have been met.

It does take work to get it right. Albert Einstein supposedly said. “Things should be as simple as possible. But not more simple.” So it is with your LifePlan™. It is as simple as possible. While being as secure as possible.

Life-Plan™ Salvation For The Middle-Class

The rich do not need me. The poor I cannot directly help. That leaves you. Regular folks. The middle-class savers, workers, builders are the ones who benefit from LifePlanning™. You choose the path of reasonable optimism, while guarding against the potential downsides. Hope for the Best, Plan for the Worst.

The LifePlan™ approach is the least expensive, most effective solution to the harsh reality of long-term care. Open your eyes to long-term care costs. Accept reality. Refuse to allow your lifesavings evaporate like a snowflake on a hot griddle. Recognize the reality of the caregiver spouse dying first, almost half the time and fix it. Reject nursing home poverty.

Not Chance, Your Choice
Uncover The Elephant!

There is nothing inevitable about nursing home poverty. Peace of mind and security are waiting for you. Right now. It is a choice. Despite what “everybody else” says. Despite their attempts to disguise the elephants in the room. For over thirty years, people have told me, “I’ve never heard of this before!” “If this is real, why doesn’t everyone do it?” “My lawyer/financial advisor/brother-in-law/accountant/tax person/banker/best friend/fill-in-the-blank never said anything like this…”

Well, here you are. Now you know. No excuses. Get the information, insight, inspiration. It is your turn. Ignore the message? Invite poverty? Or get the freely offered information. To make wise decisions. For you. For your loved ones.

No Poverty. No Charity. No Waste.
It is not chance. It is choice. Your choice.
Get Information Now.

(800) 317-2812

The post Spanning The Globe To Bring You The Constant Variety Of Snafu appeared first on Carrier Law.

How The Rich Do Long-Term Care

Spoke with a smart person last week. She works for a gigantic financial services company. You know the name. The company is excellent. She is excellent. Her team’s job is to look out for about 150 families. “Wealth Management.” They are good at it. Her families do not go broke.

I was curious… “How do you deal with long term care?”

“A cornerstone of our work, of course. You cannot ignore it.” She said.

“But how do you do it?” I persisted.

I was disappointed in her reply. She talked about “asset allocation.” Used the same words and phrases I had heard from other financial professionals. Stuff I have seen fail over and over again. Very disappointing. Burst my bubble. No insight here. And she had seemed so perceptive. But it was the same old, same old. Recycled stuff. Your own financial advisor gave you the same advice. Put so much over here, so much over there. Et cetera.

“That’s all well and good,” I said, “But don’t your folks go broke?”

She laughed. “No, never.”

“Never? I find that hard to believe. Long-term care is expensive.”

“Yes, it is,” she agreed. “But fifty million dollars is quite a bit of money.”

Demonstrating my keen intelligence, I replied, “Huh?”

“Well, our minimum is fifty million of investable assets…”

And then the lightbulb moment…

“Ohhh!”

How the rich do long-term care. From their (minimum) fifty million, their team of professional investors allocates a few million to long-term care issues. Problem solved. For them. Unfortunately, that is what your financial advisor is doing for you. That is why your family faces nursing home poverty.

We Are Not The Rich. Their Solutions Do Not Work For Us

Let me tell you about the very rich. They are different from you and me. [U]nless you were born rich, it is very difficult to understand.

—F. Scott Fitzgerald

Why aren’t your advisors looking out for you? Why all the parrot talk about asset allocation, hybrid insurance products, investment strategies? Why the outright denial and plain avoidance? Why won’t they level with you?

Maybe they do not know any better. Maybe they think that the same strategies that work for the wealthy will work for the middle class. Maybe they are doing the best that they can. Maybe they cannot help it.

Consider the possibility that your advisor learned “best practices” from a “wealth management” guru. Your advisor’s teacher excelled at preserving and growing “old money.” Your advisor was inspired by someone who hobnobs with wealthy folk day-in and day-out. The result: Your advisor may know how to deal with rich people. But what does that have to do with you?
Exactly nothing. According to Ernest Hemingway, the rich are different than you and me. “Yes, they have more money.” Planning for $50,000,000 is not like planning for $500,000. How is that not obvious?

Broken: How The Middle-Class Does Long-Term Care

You spend. And spend. And keep on spending. $12,000 each month for skilled care. $6-7500 each month for assisted living. $25 each hour for companion care at home. More if you want a certified nursing assistant or nurse. Asset allocation? Hardee-har-har.

And then you are broke. Medicaid to the rescue!

Your estate plan is meaningless. Your financial plan is out the window. Your lifetime of work and savings has evaporated. Middle class planning that fails is broken. Let us be honest.

What if we faced the fact that you are not the Great Gatsby? That you do not have a couple million to allocate to long-term care? That long-term care for middle class people like us means Medicaid? Sooner or later, Medicaid will be the solution. Four out of five people in skilled nursing facilities are on Medicaid. 80%. That is reality. Thousands of families receive at-home care through Medicaid. That is also reality.

Fix It: The Middle-Class Can Win Long-Term Care

Recognize that long-term care is a reality for the vast majority. Two-thirds of women, half of men are eventually institutionalized. Accept that Medicaid is the way America pays for long term care.

Anticipate. Plan to preserve your lifesavings. For yourself. For your spouse. For the next generation. The world needs you and your values. Dying in poverty is no way to demonstrate success.

There are 3 goals of LifePlanning™
#1 No Poverty. You will not go broke. Your choices will matter. Your family will succeed.
#2 No Handouts. You have paid into the system with every paycheck, every IRA Required Minimum Distribution, every tax payment. You are not looking for charity or a free ride. Only a bit of fairness.
#3 No Waste. Your hard-earned savings will not be wasted on probate. Will not be thrown out the window. Will not be intercepted by predators or creditors. Your legacy will be of life well-lived. And support for the next generation.

There is no problem with rich folks being rich or planning that takes account of wealth. Good for them.

There is a big problem with advisors giving the same advice to middle class workers and savers that they give to those rich folks. Do not fall into this trap. Learn how. It is super easy. Barely an inconvenience. On your schedule. In the comfort and safety of your own home. In the comfort and safety of one of our workshop rooms. In the comfort and safety of wherever you find comfort and safety.

Sending Just Money To The Next Generation – Easy. Worthless.
Sending Money With Values To The Next Generation – Difficult. Priceless.

Sixty minutes to personal control. Because you earned it. Avoid Nursing Home Poverty. Thousands of middle-class families have learned and use these techniques. Why not yours? Transmit your values along with your stuff.

Got Questions? Get Answers! (800) 317-2812

The post The Middle Class Is Broke Because Estate Planning Is Broken appeared first on Carrier Law.