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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.

Read the Print Version

Truth Stranger Than Fiction…
(Spelling? Punctuation? Editing? No Can Afford!) (Warning: Not Legal Advice!)

Can a guardian evict/kick someone off of a property the guardian has no rights over?

I have been cleaning up a property that belongs to my great grandma who is now in a nursing home. I was verbally told that if I could clean the property up and work on paying the back taxes, I could work on owning the property. But now she is stating she never said that and told me my mother is not to be on the property when she never told me she couldn’t. I was would like to know where her rights as a guardian plays into this property. She does not own anything.

Shortest Answer: Yes. Absolutely.

Short Answer: You are more screwed than you have imagined.

Unkind Comments: 1. Next time, when lawyers and judges are talking, pay attention! And when you do not understand, ask questions! 2. “Verbally told”?!? Seriously? 3. A stitch in time saves nine. 4. An ounce of prevention is worth a pound of cure. 5. Kiss Great Grandma’s house good-bye. Also, you’ll never get paid for your clean up or back taxes. Also, your mom’s getting evicted.

Kinder, But Not Much Kinder, Comments:
1. You are not alone. Regular folks, just like you, lose houses, lifesavings, peace of mind, work, effort, blood, sweat and tears, in similar circumstances every day. Hundreds, if not thousands of times every day.

2. It’s not your fault that you did not know. After all, there’s no 2-hour, live, weekly call-in radio show that provides this information (except on WOOD 1300 AM and 106.9 FM; WKZO 590 AM and 106.9 FM; WHTC 1450 AM and 99.7 FM; various others). There are no free workshops every week the Good Lord brings, in Norton Shores, Grand Rapids, Holland and Portage. No free videos on the website whenever you want ‘em. And certainly, there’s no Michigan Elder Law Reporter to let you in on the secrets. 3. Middle-class families routinely get chewed up and spit out by the long-term care system, you have lots of company. 4. Getting Great Grandma to avoid nursing home poverty is not easy. 5. Cleopatra is not the only Queen of Dee-Nile (Get it? Dee-Nile = denial! Funny, eh.)

Long Answer: Can we unpack this suitcase of suffering sadness? This trunk of troubled tribulation? This package of perplexing pain? This valise of vigorous vivisection? This bag of the boggling blues? This container of cloudy consternation? Let us begin.

Guardian, Conservator, Probate:
What Is It All About?

1. Everyone is getting older.
2. Some older people lose their minds.
3. At age 65, you have a 70% chance of needing an average of 3 years of long-term care services. 20% will need more than 5 years of services. https://acl.gov/ltc/basic-needs/how-much-care-will-you-need
4. When people lose their minds, others must make their financial and health care decisions.
5. A few people take action to decide who will make their decisions if they lose their mind. These blessed few do Trusts, Powers of Attorney,
Designations of Patient Advocate. Mind lost? No probate. No problem. Thankfully.
6. Most people take no action. If you are in the majority and lose your mind, a Probate Court Judge will decide:
a. Whether you have lost your mind
b. Who makes health care decisions (Guardian) for you
c. Who makes money decisions (Conservator) for you
7. Judge decides on Clear and Convincing Evidence. Presented in open court. On the record. Which is not humiliating or degrading at all. Ever.
8. If you get better, you must convince the Probate Court Judge by Clear and Convincing Evidence that you are now OK. Which is not humiliating or degrading at all. Ever.
9. With a Guardian, you are a legally incapacitated person. You cannot make decisions for yourself. Your legal rights? Extremely Limited. Will anyone care what you say?
10. Your Guardian and Conservator files annual reports with the Court.
11. Will the Guardian or Conservator be a family member? Will you get a Public Guardian? Ask the Judge. You had your chance and blew it. Don’t worry. Be happy.

Great Grandma failed to plan. Great Grandma went to Probate Court. And now a Public Guardian will decide everything for Great Grandma. Will the Guardian be guided by the specific, unique needs and aspirations of Great Grandma’s family? Or will the Guardian faithfully follow Probate Court protocols, one size fits all, the law’s best guess as to what most families would mostly do?

You have 3 guesses. Guesses 1 and 2 don’t count.

How It Plays Out

Statement: I have been cleaning up a property that belongs to my great grandma who is now in a nursing home.

Response/Observation: Great Grandma is probably in a skilled nursing facility on Medicaid. Average monthly cost of a skilled nursing facility is $10,000 – 15,000 per month. At the former Kent Community Hospital, residential, high-level skilled care is more than $25,000 per month. If Great Grandma is not already on Medicaid, she soon will be. And if Great Grandma has money, why the “back taxes”?

The state does not joyfully pay for long term care through Medicaid. When the state pays, it wants its money back. The state (so far) won’t seize Great Grandma’s homestead while she is alive. But, after death, the state shows up in Probate Court, looking for its money. Everybody knows that “The House is Protected from Medicaid!” False! “Everybody” apparently does not know that the house must be sold to pay back the Medicaid. After Great Grandma has died. With some loopholes.

Oh. And thanks for “cleaning up” the property. Did you know you are doing that for free?

Statement: I was verbally told that if I could clean the property up and work on paying the back taxes, I could work on owning the property.

Response/Observation: Whoops! You did not know you were doing the work for free? The law says you cannot make a probate claim for services without a written agreement. And the agreement must be written before you provide the services. Without a written, binding contract the Probate Court Judge will not listen to your story. And if you get paid while Great Grandma is still alive, Great Grandma will get hit with a penalty period, be denied Medicaid benefits and the skilled nursing facility will not be paid.

Do skilled nursing facilities enjoy not getting paid? No, they do not. So Great Grandma’s nursing home now sues Great Grandma. And wins! Now Great Grandma’s house must be sold to pay the legitimate bill of the deserving nursing home. And Great Grandma is off the Medicaid until the money is all gone. And you will not see a nickel.

COMMON SENSE POINT:
What the heck does “work on paying the back taxes” or “work on owning the property” mean? In English? Even if you were “verbally told” these things? You are dealing with real money here… Long-term care is expensive. Government does not (usually) just give money away. You are not being serious here. Get serious!

Statement: But now [GUARDIAN] is stating she never said that

Response/Observation: Of course, the Guardian is denying ever having promised you the property if you cleaned it up! It is unbelievable that any Guardian with any sense of their fiduciary duty as Guardian would say such a thing. Not credible. And that’s why we write things down. Because maybe (however unlikely) the Guardian did agree to something like this. But no one will believe it.

In Merrie Olde England, 450 years ago, Parliament created the Statute of Frauds. To stop folks from cheating each other. Our Founding Fathers adopted the Statute of Frauds for American law. The Statute says any contract for land must be in writing. End of story. See you later. Done.

Statement: [GUARDIAN] told me my mother is not to be on the property when she never told me she couldn’t.

Response/Observation: I did not tell you that your mother could not live in my house either. That does not mean that she can.

The Guardian’s job is to preserve Great Grandma’s property and to use it for Great Grandma’s benefit. If the Guardian chooses to evict you from Great Grandma’s home, Guardian can do it. You have no right to control Great Grandma’s home. If you allow someone else into Great Grandma’s home without authority, the Guardian can evict them. Even if the squatter is Great Grandma’s grandchild.

Statement: I was would like to know where her rights as a guardian plays into this property. She does not own anything.

Response/Observation: The Probate Court gave Guardian all Great Grandma’s rights over Great Grandma’s home. That’s the whole point of having a Guardian. It is a big deal.

What Is That Sizzling Sound? It Is Your Lifesavings Imploding At $12,000 Per Month

Vaporized Like A Snowflake On A Hot Griddle

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 Mail Bag Of Madness! appeared first on Carrier Law.

Read the Print Version

Clanging For 65 Years!
(Not Edited For Spelling Or Punctuation Or Anything Else) (Warning: Not Legal Advice!)

Though I Speak With The Tongues Of Men And Of Angels, And Have Not Charity,
I Am Become As Sounding Brass, Or A Tinkling Cymbal.

—1 Corinthians 13:1

Question: Would an adult child be responsible for an elderly parents’ nursing home expenses?

A low income, elderlycouple (85+) have been living independently for over 20 years. Their adult child (not an in-state resident ) provided their living expenses for the past 20 years. Due to illness, the adult child is only able to provide very limited living expenses for them.

In 2021, they both were hospitalized due to life threatening illnesses. They do not have any relatives in state and do not have money. At a doctor’s request, adult protection services and some social workers helped them move into a nursing facility due to their low-income status.

One person is qualified for Medicaid. The other one is not.

However, they do not have any money.

The question is, would the adult child be responsible for their elderly parents’ nursing facility medical and living expenses?

Short Answer: Maybe. Most states have filial responsibility laws that impose financial responsibility for parents on the kids. But not in Michigan. Used to be that if your parent wound up in the Kalamazoo Psychiatric Hospital (known at its opening in 1859 as the Michigan Asylum for the Insane), you would get the bill. But not anymore. In Michigan.

Most states do not enforce their filial responsibility laws, but Pennsylvania is an exception. A recent appellate court ruling upheld the constitutionality and enforceability of the law. And Pennsylvania does come after the kids. Sometimes.

Long Answer: Beware when you “sign in” your parent to a nursing home or other facility. At least glance at the papers before you sign them. Better yet, read them. Even better, have your friendly, neighborhood elder law attorney take a gander before you sign.

Back in the day, it was not at all unusual to find a personal guarantee of fees buried in the mound of paperwork that the facility asked you to sign. And people did sign them. And facilities did enforce them. And it was a mess. Which is probably why the practice has pretty much died out. But not entirely, so buyer beware. Or get a little elder law assistance.

When long-term care costs $200-850/day (that is per day!), can you afford to just sign everything?

Imagine you are placing a loved one in a residential care facility. Do you think it is easy? Easy for the loved one? Easy for you? Most folks get overwhelmed. Crushing need for help and inability to provide care at home. Anger and frustration of the loved one. Guilt and helplessness of the caregiver forced to take this drastic step. And how do we break the promise: “You’ll never to to a nursing home!” Does it matter that you made that promise without knowing the reality of 24-hour, 7-day, 52-week care?

No wonder people sign documents without understanding what they are reading. Perhaps it might be helpful to have someone who has been down this path before…

Question: My boyfriend of 10 yrs just passed and now I got 30 days to get out it just don’t seem right. Is this how it is?

I was working he needed me at home. Before we could look in to caregiving he passed. His sister is 50% on the deed… something like that. So I got 30 days to get out 10 yrs of my life peacefully and she will give me his car and 2500$ I guess that’s the way they do it.

Short Answer: It is harsh to say, but you are probably not entitled to the money or car. Some states have “common law” marriage or “palimony.” In those states, you might have a claim. But not in Michigan.

Long Answer: Seems like sister is “on the deed”, maybe as joint tenant. Since you are definitely not on the deed, you have no title.

Michigan takes a hard line on marriage. Either you are married, with license and ceremony, or you are not. Marriages that were contracted in other states or territories that were valid in those locations are recognized and given effect in Michigan. But that is as far as it goes.

You probably received a 30-day Notice To Quit. This document is the first step in eviction. You may comply and leave, or fight the eviction or force the sister to go through the entire process. There are several ways this could go.

First, you up and leave. You get the car and the money.

Second, you fight. Not sure what basis you have for fighting, so the judge may get annoyed and assess damages for frivolous defenses. Plus you have lost the car and the money.

Third, you insist on every step of the eviction process being followed exactly. This may slow things to a crawl. Or you may get a judge who briskly moves cases through. Eventually, you will be forced to leave. And you may lose the car and money.

Marriage has consequences. Like inheriting property. Like entitlement to spousal share rights. Marriage is not a bed of roses and if it were, you’d find plenty of thorns. But there are benefits to marriage as well. Something to bear in mind.

16+% Wholesale Inflation – Again! | 10.1% Cost Of Food Inflation

You Don’t Need A Weatherman To Know Which Way The Wind Blows

Nostalgic For The Good Old Days Of Jimmy Carter? Me Too.

More good news from our friends at the Bureau of Labor Statistics! Consumer Price Inflation is setting new 40-year records. Again.

Energy prices are up. Way, way up. And that’s easy to solve. Simply stop driving anywhere. Stay at home. Problem solved.

Now that summer is finally here, you may wish to turn on your air conditioning. Do not. Your cost of cool is up 35%. Fortunately, sweat is still free. And it is all natural. Probably gluten-free, too. So, stay home, in the dark, with the air conditioning off. It is the New American thing to do.

Also, you can forget about going to the pool. No lifeguards. According to that paragon of virtue, National Public Radio: “the National Recreation and Parks Association says 8 out of 10 parks and rec departments can’t find enough staff.” “Tens of thousands of pools across the country are closed…”

Everybody complaining about gas prices. Is that the worst? No. Gas prices are not the worst part. So what is the worst? Since you have not read or heard it anywhere else, it falls to your Elder Law Reporter to point out the worst. Food Inflation. Food Inflation is in double-digit territory. Food costs 10.1% more now. You can stay home and save gas. Can you stay home and not eat? For how long?

Little Orphan Annie said, “The sun’ll come out tomorrow, bet your bottom dollar that tomorrow, there’ll be sun!”

Little Orphan Annie has not been watching the Producer Price Index.

Every time you go to the store, you experience the Consumer Price Index. The CPI is how the government measures misery today.

Future pain is predicted by the Producer Credit: Pacific Comics Club Price Index. The PPI measures wholesale inflation, before it gets to your local store. Wholesale inflation is once again at a 40-year high. 16.6%.

Did you think 10% Food Inflation was bad? How about 16.6%?

That is what’s coming tomorrow.

Hey Annie! Wake up and smell the coffee! Whoops, according to the Wall Street Journal, thanks to “extreme weather and supply-chain disruptions,” we have a coffee shortage and prices are up 76%. Yeah, we got a chart for that.

Homebuyers! Do not feel left out. Home mortgage interest rates are still climbing, according to Freddie Mac (formerly known as the Federal Home Loan Mortgage Corporation):

Investors! Guess what… the market is tanking. Down 17% this year. So far. But you already knew that.

What’s It All About? Six Keys To Happiness

How do you survive when the best-case scenario is: Horrifically Worse Than Jimmy Carter, But At Least No Thermonuclear War? Follow the Six Steps:

Stay home. Do not move about. Do not turn on the A/C. Do not eat. Do not buy another house. Do not look at your investments. Easy!

Is traditional trust planning failure a scam…
Your Estate Plan Is A Death Trap
Or Can It Be Explained By Incompetence And Indifference?

Traditional estate planning is supposed to avoid probate, save taxes, and dump 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) 800317-2812

The post Fish Gotta Swim, Birds Gotta Fly, Writers Gotta Write appeared first on Carrier Law.

PLAIN AS THE NOSE ON YOUR FACE

YOU PROBABLY KNOW MY DAD

Everyone knows somebody like my father. I bet you are a lot like him in many ways. My Dad is the sort who always goes the extra mile. Always giving everything he had. Looking out for others. Going out of his way. Generous. Hard-working.

Dad enlisted in the Navy during WWII, as soon as he could. Following his older brother, an officer and PT boat commander. Dad served stateside, as a Photographer’s Mate, at the Philadelphia Naval Air Station. Mostly taking pictures of crashed airplanes. And the remains of the trainees who crashed them.

After the war, he went to college on the GI Bill. Surrounded by other sailors, soldiers, airmen and Marines. A generation of men and women who did not feel sorry for themselves. They had seen evil and death. The world was balanced on the edge of a knife. And they did their duty. They saved the world. Look it up.

Then they came back and went to college. And got married. And raised families. And were grateful for the ordinariness of life. Thirty years ago, when I first started my law practice, I was privileged to meet many of these men and women. So many heroes. The real kind.

They are almost all gone now. But they made a lasting impression. Among them, my dad is not unusual. But how many of us have the same quality?

When Dad met Mom, he settled down. Became a teacher, like so many of his Navy buddies. Teachers in the 1950’s were not paid very much. All worked through the summers. Most had a second job. Mom wanted a large family. Dad came from a large family. He knew what was required. So.

My father got up early… had to be at school by 8 a.m. A tough school in a bad neighborhood. When the bell rang at 3 in the afternoon, Dad came home and took a nap. By 6 in the evening, he was punching the clock at the local brewery. Bottled beer all night. Dad clocked out at 2 in the morning. Came home. Took a nap. At 7 a.m., he started all over again. For 16 years.

Did I mention he was also taking college courses for his master’s degree? Yeah, he did that too. Eventually he took on enough extra jobs at school to quit the brewery. He ran the breakfast program, lunch program, after-school program. He was pretty happy that he did not have to work until 2 a.m. anymore.

Like you, he was active at church. Joined the Lions Club. Volunteered for stuff. Helped out in ways no one ever saw… no one ever knew.

Dad and Mom raised 8 children. Five boys, three girls. I’m the second. I have an older sister. Their example was powerful. And we are all doing quite well. Thank you.

Mom died ten years ago. Dad still lives on his own. Pretty much. At 96 years old, he cannot do what he used to. But he keeps trying. A few weeks ago, he was painting the handrail on the brick stairs leading the front door. Lost his balance. Fell to the brick stairs. Fell on his face. Not the first time. Still OK. He insists.

So, the kids take turns staying with Dad. Just to be there. Just in case. My two weeks is coming up soon. We talk together to set the calendar, to make sure someone is always with Dad. And we talk about options. Including assisted living.

This is where my failure became obvious.

WHAT TO DO ABOUT DAD (OR MOM): THE KIDS’ CONVERSATION

Your children are talking about you. Deny it if you wish, but it is the truth. What to do about Mom? What to do about Dad? How long can they stay at home? What sort of behaviors do you see? What does it mean? What do we do now? Well-meaning questions. By good-natured people. Who truly love you. But are concerned. With your best interests in mind. What they think are your “best interests” anyway.

Recently, as we were setting the Visiting Kids Calendar, one of my brothers asked, “Why isn’t Dad on this PACE program you keep talking about?”

I had no answer. Honestly. You have heard the old saying, “The shoemaker’s kids go barefoot!” It is not that bad. When Mom needed skilled nursing home care for the months before she died, we were ready. LifePlan™ to the rescue.

Dad was not impoverished. There was no Medicaid Mortgage. Mom got the care she needed, at a top long-term care facility. Dad’s years of taxpaying and planning were rewarded.

Ten years later. Dad’s needs are increasing. With 8 kids, he will never be alone. But we are not medical people. What about those needs?

My brother saw what I did not. PACE – the Program of All-inclusive Care for the Elderly was designed for my Dad. He stays at home. With his woodwork shop. Puttering around, fixing this, painting that. Independent. Proud. And getting just the right amount of help to keep him that way.

Was I embarrassed to have overlooked the contribution PACE could make to my own father’s ability to live life on his own terms? You bet. I wish I had proposed the solution. But a good idea is a good idea, whomever comes up with it.

SEE THE LIGHT, OVERCOME BLINDNESS

Most folks who seek answers are relieved and pleased they learn that effective solutions do exist. Thousands of families have honored my team and me with their confidence and trust. And those families have received the benefits they have earned and deserve.

But I have often been puzzled when some families reject the same answers that other families have embraced. It is not unusual for some folks to come back to us, often after months and sometimes years of “spending down,” exhausting their lifesavings. Selling the farm.

If you are like me, you learn from your mistakes. And you try not to repeat the same- old, same-old. I failed my Dad by not seeing how the PACE program could greatly improve his quality of life. But I see it now, and I am taking action. To preserve his independence. His choices. My Dad, and yours, and you, deserve to enjoy life. On your own terms. Not crammed, shoved, or stuffed into someone else’s idea of what you need.

Most people have never heard of PACE. But now you will know. You will be the expert.

COVID NURSING HOME DEATH TRAP

Everyone knows COVID-19 decimates older folks. National reporting confirms the worst place for COVID victims is a long-term care facility. The undeniable tragic history: if you were in a nursing home, your risk of death from COVID-19 was 70 times greater. Did autocratic Executive Orders in New York, New Jersey and Michigan cause thousands of extra deaths? Of course they did. We know that now. But what can we do?

Over the last couple of years, we reported good news about at-home care. Michigan changed the Program of All-inclusive Care for the Elderly – PACE. Eligibility expanded for thousands of new families. Families can now keep their life savings, cottage, farm, rental properties, business. Poverty is no longer required… provided you follow the complex rules. Care services are free. Keep your income. No co-pay, doughnut hole or other contribution.

Many Michigan families have acted on this new information. They have secured at-home care for their loved ones. PACE has kept them safe from the deadly COVID-19 virus stalking long-term care facilities. Healthier at home!

HEALTHY SKEPTICISM OR DEADLY DOUBT?

Many more families cannot believe it is possible. But they could benefit from PACE. Healthy skepticism hardens into stubborn rejection. Everyone suffers. Clinging to the idea that it is “too good to be true” or “fake news”?

Pitiful. Naturally, some folks are uncertain and suspicious. Rightfully so! But accurate information and proof beat unfounded fears every day. Fact: You do not have to accept nursing home poverty for yourself or your loved one.

DO YOU OR YOUR LOVED ONE QUALIFY?

ANSWER YES TO 3 QUESTIONS:

1. Need help with activities of daily life? Memory problems? Oxygen therapy? Blindness? Dialysis? These are just a few of the many ways to qualify.
2. Are you safe at home?
3. Gross social security less than $2382? (Special rules for pension income.)

Let’s do the homework together. Most folks get the benefits they need for independence and security. Information costs nothing. You can find out. Today.

Get Answers Now: 800-317-2812

COVID-19 RULE CHANGES WILL NOT LAST

COVID-19 emergency rules are temporary.

The benefits are permanent. When the emergency is over, these favorable rules will be gone. Of course, this may not be for you. Why not find out? Is it so bad to get back a little from the tax dollars you have paid?

WHAT BENEFITS DOES PACE PROVIDE?

Folks always want to know: What can PACE do for me? You have a team on your side. Your PACE team is doctors, therapists, dieticians, nurses, physician assistants, administrators. All work together to provide the best solution. Want more detail? You can receive:

ADULT DAY HEALTH CENTER
• On-Site Physician/Medical Supervision
• Nursing Care
• Physical Therapy
• Occupational Therapy
• Recreational Therapy
• Activities and Exercise
• Breakfast, Lunch, Snack
• Nutritional Counseling
• Social Services
• Dental Care
• Audiology
• Optometry
• Podiatry MEDICAL SPECIALISTS
• Women’s Services
• Dentistry and Dentures
• Optometry and Eyeglasses
• Audiology and Hearing Aids
• Podiatry, Diabetic Shoes and Orthotics
• Cardiology
• Rheumatology OUTPATIENT SERVICES
• Lab Tests
• Radiology
• X-Rays
• Outpatient Surgery

PRIMARY CARE PHYSICIAN
• On call 24 hours a day, seven days a week.

HOME HEALTH AND HOME CARE SERVICES
• Skilled Nursing and Assisted Living
• Physical and Occupational Therapy
• Personal Care
• Chore Services
• Meal Preparation

INPATIENT SERVICES
• Emergency Room Visits
• Hospitalizations
• Inpatient Specialist
• Skilled Inpatient Rehabilitation

TRANSPORTATION SERVICES PRESCRIPTIONS And OVER-THE-COUNTER MEDICATIONS

FAMILY/CAREGIVER SUPPORT SERVICES
• Respite Care and Caregiver Education

REHAB And DURABLE MEDICAL EQUIPMENT
• Wheelchairs
• Walkers
• Oxygen
• Hospital Beds
• Diabetic Testing Supplies
• Adult Day Care

Get the straight story. Your loved one is counting on you. Don’t let them down. It’s simple and free.

Call 800-317-2812.
Your Discovery meeting and Analysis meeting are waiting for you. Get it done.

The post How I Failed My Father… And How I am Fixing It appeared first on Carrier Law.

NO POVERTY. NO CHARITY. NO WASTE. Make PACE Your Power!

Dedication, Devotion

Just a couple weeks ago. A perfect Sunday morning in late summer. Bright sunshine, warm air, colorful flowers, green leaves.

Two women reading the paper. They could have been sisters. Remarkably similar. Children and grandchildren. Both are reliable volunteers for church and school. Both looking forward to their 50th wedding anniversary.

Comfortable homes with well-tended gardens. Paid for. Substantial retirement savings. No debt. (Thanks to coupon clipping and natural thrift!) Extravagant or expensive habits? None.

Except spoiling their grandchildren at every opportunity. Good-naturedly, of course.

You know these women. The sort of middle-class people who enrich the world by their simple presence. And generosity of spirit. Authentic kindness.

Now, both are primary caregivers for their husbands. Husbands who, after many years as partner and confidant, father and grandfather, best friend and “accomplice,” had fallen victim to Alzheimer’s Disease. Heart-breaking. Life-changing. No description necessary.

These women take their wedding vows seriously. Better or worse. Richer or poorer. Sickness and health. They said it. They meant it. They lived it.

Sure, the kids think it is corny. But these women took the words of JFK seriously: “We choose to do these things, not because they are easy, but because they are hard.” Alzheimer’s is hard.

To be sure, the kids have their own families and challenges. They live out of state. They would like to help, but… Now they think it is a good idea for Dad to be “placed”. What is it with kids these days?

Too Good To Be True?

One Sunday, both women were reading the same article. An account in The Michigan Elder Law Reporter describing the Program of All-inclusive Care for the Elderly, known as PACE.

The Reporter claimed that PACE provided free, at-home care. All pharmacy needs with no co-pays, donut holes, delays, or frustrating paperwork. Specialist care. Respite care. Durable medical equipment. Supplies. Occupational and Physical Therapy. The list went on and on. It even claimed that PACE was intended to help folks just like her. On purpose. Family members caring for loved ones at home. Staying at home.

Most outrageous, though, was the bald statement that their life savings, their home, their cottage, their security, need not be sacrificed to long-term care costs. That a lifetime of shared work could be preserved for themselves, their children, their grandchildren. How could that happen?!

They remembered similar articles … published over the summer and winter of 2020-2021. And the warning that the special COVID rules would expire on November first. Too late. But now comes the news that these rules were extended to April 2021! And yet again the COVID rules that expand eligibility were extended! “Until further notice…” Whatever that means, right?

Two Roads Diverged In A Wood, And I – I Took The One Less Traveled By…

And this is where the women made different choices.

One said to herself, “Stuff and Nonsense! I pity anyone foolish enough to believe this… Promises, promises! Too good to be true! I didn’t believe it last summer and I don’t believe it now! Fiddle Faddle.”

The other thought, “I heard of this back in July, then in the fall, and again in the springtime. I still didn’t act. Is it possible that I have another chance? Is Someone trying to tell me something? Maybe I should find out more…”

Five years quickly passed.

And That Has Made All Of The Difference

Another fine August morning. But now these women are not so much alike. They had made different choices. They got different results.

Pride Goeth Before A Fall

One was physically exhausted. Twenty-four hours a day. Seven days a week. Constant caregiving was taking a heavy toll. Worse was the mental stress. Facing bankruptcy. She gladly spent the life savings to pay home health care workers. Selling the cottage? No, she didn’t mind it. That money was long gone. Days at the lake a distant memory. The grandkids can learn to swim at the Y.

She was still bound and determined that her husband would never wind up in one of “those places.” Then the cash ran out. She gritted her teeth and took a loan against the house. Twice. Plus a line of credit. In desperation, she turned to cash advances on the credit cards.

In her pride, she did not share the burden with her friends or children. She chose a solitary journey. Until the inevitable day when the house of cards collapsed. She reached for the phone to call her eldest child.

She never imagined living in a senior housing project. Well, at least the bill collectors had stopped calling. Pathetic? Pitiful? Or just sad…

The other woman was at the cottage window watching her grandchildren fish from the dock. The last few years had been tough. Her husband no longer knew her or their children. She was making the best of a bad situation. But. Her health was good. The PACE folks were a blessing. No worries. PACE had installed a wheelchair ramp at their home. Several times a week, expert aides came out to attend to her husband’s hygiene. During that coronavirus problem so many years ago, they even helped with her grocery shopping. And housekeeping. In addition to all the medical support. She knew her future was secure. She did not face it alone. Life savings protected. Life choices respected. “Well,” she thought, “sometimes “too good to be true turns out even better.” Sympathy for her tough row to hoe. Tempered by respect for her wise decisions.

I Have Finished The Course, I Have Kept The Faith

Several months later.

At the first woman’s funeral, her friends agreed. It was tragic. Pitiful, even. She had run the race. She had fought the good fight. At the ultimate cost to herself, she did what she believed was necessary. Pouring out the savings and accomplishments of a lifetime in a few short years. But. Is there anything more tragic than needless suffering? Doing very well something that did not have to be done at all?

As one mourner observed, “She killed herself with work and worry, all to keep him out of “those places.” And where is he going now? One of “those places.”” It is more than sadness that we feel when a good person refuses the helping hand. It is more than regret when refusal leads to unfortunate consequences.

Not far away, at about the same time.

After the preacher’s kind words at the cemetery, the other woman turned from her husband’s grave. She too had run the race, fought the good fight. She had been there for him to the ultimate end. Hospice at the house. Familiar PACE folks who supplied the hospital bed, Hoyer lift and other necessary equipment and services. Given fair warning, the kids made it in from out of town. It was sad, heart-breaking. But not tragic. Surrounded by family and friends. Secure. Respected. Gracefully accepting sympathy without a hint of pity. At peace. What did the Lord have in store for her now? She did not know. But she looked forward to finding out.

The Difference

Most people, reading this article, will choose the path of the first woman. Most people, faced with long-term care costs, will close their eyes. Hope for the best. And watch their life savings evaporate like a snowflake on a hot griddle. Why does the caregiver spouse die first, almost half of the time? Why do hard-working, prudent, frugal, middle-class folks accept nursing home poverty? Most of the time?

Not Chance, Your Choice

There is nothing inevitable about losing your home, cottage, business, lifesavings, independence, security. All of that is a choice. Despite what “everybody else” says. For thirty-one years, people have told me, “I’ve never heard of this before!” “If this is real, why haven’t I heard of this before?” “My lawyer/financial advisor/ accountant/tax person/banker/best friend/fill-in-the-blank never said anything like this…”

Well, here you are. Reading The Reporter. So now you know. No excuses. The Reporter is here to provide information, insight, inspiration. Now it is your turn. To ignore the message. Invite poverty. Or get the freely offered information. To make wise decisions about your life. And that of your loved one.

It is not chance. It is choice. Your choice.
Get Free Information Now.

(800) 317-2812

The post How Often Do You Get a Second Chance? appeared first on Carrier Law.

The big dance – 1963
Betty and Wilma were like sisters. Without the sister drama. Since their first day at Lansing Central High, two years ago. Now Betty was organizing a dance with some Lansing Tech Junior ROTC guys. She had her eye on Barney, a fella who made that uniform look good. And Barney had a friend, Fred, a shy guy, just like her friend Wilma. Anything can happen at a dance, you know. When will Saturday get here?

On Thing Leads to Another

That dance was just rehearsal for the big dance Wilma and Fred, Betty and Barney would lead through their lives. After graduation, the guys got their union cards and entered the wonderful world of GM’s Lansing car assembly. The ladies followed.

Betty and Wilma did not stay long in the steno pool. Wilma loved to get things just right. Call it perfectionism if you want to, that talent got Wilma assigned to quality control. Eventually she headed the plant’s QC efforts. Betty’s organizational skills landed her in the plant manager’s Office, as executive secretary.

Betty and Wilma did not stay long in the dating pool, either. Fred and Barney knew a good thing when they saw it. Before long they “put a ring on it” and got busy raising families too.

It was a sad day in April 2004 when the Olds plant shut down for good. They were all retired, but it still hurt. The guys made a pilgrimage to the old place every springtime. Both couples were doing fine. Their homes were paid off and worth about $175,000. With $200,000 in savings and $75,000 of life insurance, they felt secure. Not to mention having prepaid their funerals. Each couple had three kids and three grandchildren. They even like the in-laws!

Nothing Good Lasts Forever… Gathering Clouds

Just few years ago. Another perfect spring. Bright sunshine, crisp air with a bit of warmth, the smell of new growth, green leaves.

Two women of a certain age. Maybe sisters. Alike in many ways. Both were mothers and grandmothers. Respected. Looked up to.

Reliable volunteers for church and school. You want it done right? Get Betty and Wilma on the case. Rapidly approaching their 50th wedding anniversary. Time flies.

You have friends like these women. Middle-class people who enrich the world. Generous spirits. Authentic kindness. Get it done attitude. Nice homes, colorful gardens. Debt free.

Comfortable cash cushion (not that the kids would know). Coupon clipping and natural thrift. No extravagant or expensive habits. Except spoiling their grandchildren. But what is going on with Fred and Barney? Why does Fred put the car keys in the refrigerator? Barney gets so confused with the simplest things. And it is getting worse.

2020… The Storm Breaks

Betty and Wilma are now their husbands’ primary caregivers. Barney and Fred, after many years as partner and confidant, father and grandfather, best friend and “accomplice,” have fallen victim to Alzheimer’s disease. Heart-breaking. Life-changing. COVID isolation on top of it all. No description necessary.

Wilma and Betty take their wedding vows seriously. Better or worse. Richer or poorer. Sickness and health. They said it. They meant it. They lived it.

Maybe the kids don’t get it. But these women took JFK at his word: “We choose to do these things, not because they are easy, but because they are hard.” Alzheimer’s is hard. Alzheimer’s plus COVID is even harder.

Yes, the kids have their own families and challenges. They live out of state. They would like to help, but… travel ban. Now they think it is a good idea for dad to be “placed”. What is it with kids these days?

A Real Lifeline… Too Good to be True?

A pleasant Sunday, May 2021, both women were reading the same article. An account in the Michigan Elder Law Reporter describing the program of all-inclusive care for the elderly, known as PACE.

The reporter claimed that PACE provided free, at-home care. All pharmacy needs with no co-pays, donut holes, delays, or frustrating paperwork. Specialist care. Respite care. Durable medical equipment. Supplies. Occupational and physical therapy. The list went on and on. It even claimed that PACE was intended to help folks just like her. On purpose. Family members caring for loved ones at home. Staying at home.

Most outrageous, though, was the bald statement that their life savings, home, life insurance… their security, need not be sacrificed. Their lifetime of shared work could be preserved for themselves, their children, their grandchildren. How could that happen?!

They remembered similar articles in the reporter… published over 2020. And the warning that the special COVID rules would expire, but were then extended to November, then extended to April 2021, then extended “until further notice.”

Two Roads Diverged in a Wood, And I – I Took the One Less Traveled By…

And this is where Betty and Wilma made different choices.

Betty said to herself, “stuff and nonsense! I pity anyone foolish enough to believe this… promises, promises! Too good to be true! I don’t believe it! Fiddle faddle.”

Wilma thought, “I heard of this last year and didn’t act. Could this be my second chance? Maybe I should find out more…” Five years quickly passed.

And that Has Made All of the Difference

Another fine spring morning. Betty and Wilma are still best friends. But not so much alike anymore. They made different choices. They got different results.

Pride Goeth Before a Fall
PROVERBS 16:18

Betty was physically exhausted. Twenty-four hours a day. Seven days a week. Constant caregiving for Barney took a heavy toll.

Emotional stress was worse. Bankruptcy. Lifesavings did not last long paying home health care workers. Cashing in the life insurance? No, she didn’t mind. That money was long gone.

Betty was still bound and determined that her barney would never wind up in one of “those places.” Then the cash ran out. She gritted her teeth and took a loan against the house. Twice. Plus a line of credit. In desperation, she turned to cash advances on the credit cards.

In her pride, she did not share the burden with Wilma or her children. She chose a solitary journey. Until the inevitable day when the house of cards collapsed. She reached for the phone to call her eldest child. She never imagined living in a senior housing project. Well, at least the bill collectors have stopped harassing her.

She is Clothed with Strength and Dignity; She Can Laugh at the Days to Come
PROVERBS 31:25

Wilma stood at the kitchen window. Watching her grandchildren play in the yard. The last few years had been tough. Fred did not recognize her or their children. She was making the best of a bad situation. But. Her health was good. The PACE folks were a blessing. No worries. PACE aides came out to help with Fred several times a week. During COVID so many years ago, they even helped with her grocery shopping. And housekeeping. Plus all the medical support. Wilma’s future was secure. She did not face it alone. No poverty: life savings protected. No charity: PACE was a return on all those tax dollars.

No waste:
Her legacy will endure for years. “well,” she thought, “sometimes “too good to be true turns out even better.”

I Have Finished the Course, I Have Kept the Faith
2 TIMOTHY 4:7

Several months later.
Betty’s funeral. Wilma thought about her best friend. It was tragic. Betty ran the race. Betty fought the good fight. At the ultimate cost to herself, she did what she believed was necessary. Rapidly pouring out the savings and accomplishments of a lifetime. All gone in the blink of an eye.

Is there anything more tragic than needless suffering? Striving to do something that did not have to be done at all? Wilma had to say it: “Betty killed herself with work and worry, all to keep barney out of “those places.” And where is he going now? One of “those places.”” When a good person refuses the helping hand, it is more than sadness. When refusal leads to catastrophe, it is more than regret.

The next year.
After the preacher’s kind words at the cemetery, Wilma turned from Fred’s grave. Wilma too ran the race, fought the good fight. Wilma had been there for Fred to the ultimate end. Hospice at the house. Familiar PACE folks who supplied the hospital bed, Hoyer lift and other necessary equipment and services. Given fair warning, the kids made it in from out of town. It was sad, heart- breaking. But not tragic. Surrounded by family and friends. Secure. At peace. What did the lord have in store for her now? Wilma did not know. But she looked forward to finding out.

The difference most people, reading this article, will choose Betty’s path. Most people, faced with long- term care costs, close their eyes. Reject reality. Hope for the best. As lifesavings evaporate like a snowflake on a hot griddle. Why does the caregiver spouse die first, almost half of the time? Why do hard-working, prudent, frugal, middle-class folks accept nursing home poverty? Most of the time?

Not Chance, Your Choice

There is nothing inevitable about losing your home, cottage, business, lifesavings, Independence, security. All of that is a choice. Despite what “everybody else” says. 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. Wilma or Betty? You have 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 For Richer, For Poorer, In Sickness and In Health appeared first on Carrier Law.

We Get Letters… We Get Lots And Lots Of Letters

(Note: Not Edited For Spelling Or Punctuation. Not Legal Advice!)

LETTER #1

Deed with joint tenancy doesn’t mention right of survivorship

My father purchased land with seller to buyer financing. Because my dad was a single unmarried man and it was seller financing, the seller asked my dad to put someone as a joint owner on the deed (to keep making the payments in the event my dad passed). My dad put my oldest sister as a joint tenant/owner as he was advised at the title company. I don’t think he fully understood. My sister never made one single payment I have all checks to prove. She didn’t even know she was a joint owner. My dad mentioned to mother, friends and to siblings me many times my sister wasn’t the real owner it was just for security bc the seller required security of receiving continuing payments.

My father sadly passed, and now my sister doesn’t want to change title practically keep the land to herself. The document doesn’t specify right of survivorship just say joint tenant can that help? Everyone knows my dads true intent we were all children from the same mother he loved us all the same. I feel he didn’t know what joint tenancy was and just signed. I am really worried bc my sister is taking over the property and not allowing entrance.

What can I use as defenses, thanks.

The Answer Is: “You Are Screwed. And Your Little Dog, Too!”
A Deed Is A Deed Is A Deed

For a number of years, I tended bar. Occasionally, a bar fight would erupt. Very exciting. My fellow barkeep Matt loved when that happened. He would vault the bar grinning, not waiting for assistance, eager to sort things out. Not me. I figured that was a job for the football player-bouncers. A bar fight is an ambiguous, fluid situation. Resolution is required. Application of force will be necessary. And litigation is a bar fight. In for a dime, in for a dollar.

But what if there is no fight? What if the facts are clear? Bouncers do not go looking for trouble. And they do not get involved in every disagreement. How does that apply here?

Michigan courts are extremely unwilling to upset the applecart. Especially when that applecart consists of a valid deed. There are plenty of dubious situations that folks can fight about. Then the courts and the judicial system can roll up their sleeves, get into the fight, start cracking heads.

Our letter writer’s case is not a bar fight free-for-all that needs sorting out. This is a Mike Tyson, one shot to the head, KO, 30 seconds, hope-you-did-not-blink-because-the-main-event-is-over type of thing.

Your father signed the deed. He was competent. He did not have a gun to his head.

Q: Was it a good idea or a bad idea?
A: Nobody cares.

Q: Is sister a generous angel or jealous limb of Satan?
A: Irrelevant.

Q: Did dad wish he had never signed?
A: Why are we still talking about this? Train left the station. Elvis left the building. Fat lady sang. Somebody already stuck a fork in it. It is done.

Folks Do The Darnedest Things

When a good person acts with the best intentions but brings about the worst results – that is tragic. Terrible. In Heaven above, the angels weep. Ever watch a movie, yelling at the screen, “Don’t open the door!” “Stay out of the basement!” “Run away!”? Reading this letter is like that. For me. Danger, danger! But, of course, it is too late. For them.

Why in the world did dad sign the deed?

“Because my dad was a single unmarried man and it was seller financing , the seller asked my dad to put someone as a joint owner on the deed (to keep making the payments in the event my dad passed).”

Dad was motivated to do the right thing. Seller gave dad plausible reasons. But. The stated “reasons” make absolutely no sense at all. Not a single part is accurate or reasonable. Sure, it is true that folks do this sort of thing all the time. On the advice of friends, neighbors, and Internet Experts. You might think these advisers would know better. But they do not.

Spoken Words Worth The Paper They Are Written On

“My dad mentioned to mother , friends and to siblings me many times my sister wasnt the real owner it was just for security bc the seller required security of receiving continuing payments.”

Sometimes motivations matter. Once in a while, verbal statements are relevant. But not usually. And not when we have a written deed that clearly creates ownership rights. Circuit courts, title companies, buyers… none of them care what you thought you were doing. Or why you were doing it.

Dad made sister joint owner by legal, valid, written, notarized, recorded and unchallenged deed. His motivations and understandings were incorrect. But that does not matter.

The Road To Hell Is Paved With Good Intentions

“Everyone knows my dads true intent we were all children from the same mother he loved us all the same. I feel he didnt know what joint tenancy was and just signed. I am really worried bc my sister is taking over the property and not allowing entrance.”

Hatfields & McCoys. Montagues & Capulets. Celtics & Lakers. Laimbeer & Bird. U of M & Ohio State. Historic feuds. This is how they get started… What chance does this family have to enjoy the peace and prosperity dad intended? Experience suggests that sister will treat the property as her own. She will be correct, legally. Cousins hating each other. Poison of resentment and ill-will seeping down the generations. Do not let this happen to you. Or your family.

Dad could have provided for the family. Avoided strife. Lawyers do come in handy, sometimes!

LETTER #2

How can I withdraw funds from my husbands bank account if I am not on his account?

Husband is a stroke patient in a nursing home. Medicaid covers all expenses. He has money from social security in his bank account that I can use to send to him for personal needs. I have all account numbers, ss number, etc but no pin number.

Powers Of Attorney: Faster Than A Speeding Bullet… More Powerful Than A Locomotive…Able to Change The Course Of Mighty Rivers, Bend Steel In Your Bare Hands?

You don’t have to be Superman to get the power to make a major difference in your loved one’s life. If your husband is still mentally alert, even though he may not be physically capable, he can give you the authority you need to take care of his business.

Powers of attorney are not all the same. They can differ radically in the way they operate and in your ability to get the job done. Be sure that the lawyer drawing up the power of attorney knows your goals. Of course, that is nice to say, but how to get it done in the real world. The answer is that most powers of attorney are intended only to allow you to pay the person’s bills. And pay. And pay. And keep on paying until the money is all gone. Which results in nursing home poverty. Powers of attorney can be drafted to save the family resources. Make sure that your attorney knows that this is your intention.

Here Comes The Judge!

If your spouse or loved one is not mentally competent, you have a date with probate court. The judge will decide (by clear and convincing evidence) whether you should have authority over your loved one. Guardianship is all about the person’s health and day-to-day living. Guardianship includes the right to make basic, routine money decisions. Conservatorship is all about the money.

Both forms of living probate involve special rules, court supervision, annual reporting and a limit on just what you are able to do with your loved one’s resources. Avoiding probate while you are alive should be, but usually is not, a laser focus of your estate planning.

Social Security…

The Social Security Administration does not care about your power of attorney. And they do not care about your guardianship or conservatorship either. Social Security operates across the globe and cannot be bothered to figure out the ins-and-outs of every judicial and legal system. It would be impossible.

What Social Security has done is create its own “brand” of guardianship. Your disabled loved one gets Social Security. Your guardianship and power of attorney are useless. Now you have to jump through the Social Security hoops and become Representative Payee. Now you can manage the social security.

Easy, huh?

You Choose!

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…”

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP OR ATTEND A LIVE WEBINAR FROM HOME…
(800) 317-2812

The post Letters You Are Glad You Did Not Have To Write appeared first on Carrier Law.

Summertime Stories

Remember Grandma’s Cottage? You learned to swim there. Caught your first fish (what do I do NOW?!). Stealing bacon for bait when you ran out of worms. The leaky rowboat. Crammed with your cousins in sleeping bags on the “living room” floor. Trading stories in the dark. Grownups yelling “Shut up and go to sleep!” from the patio. Waiting for the charcoal to get just right. Hotdogs on the grill. Toasting marshmallows. Fireflies. That particular musty damp smell. Whatever happened to that place?

Well, they put all us kids on the deed, but it was sold when… Grandpa went into the nursing home… Uncle Chuck went bankrupt… Aunt Susan’s kids kept trashing the place… Aunt Beth got divorced… Cousin Ed needed college money… We just didn’t go anymore… Many reasons, no more memories, no more stories.

But the Cottage can be saved. You can do it. Your kids and grandkids can live those stories, create those memories. Share experiences. Bond as a family. Build the stories they’ll tell the next generation. Crammed with their cousins, in sleeping bags, in the same “living room.”

Do Not Trade The Cottage For The Nursing Home

Most folks simply do not plan for long-term care. You have heard bits and pieces. Old lake friends forced sale to pay the bills. Horror stories. Bad luck. Tough. Sorry it happened to them. Could not happen to your family.

Clarity is the first step. Estate planning is not about the next generation. It’s about you. Right now. Preserving what you own. Protecting what you value. Traditional estate planning fails families. Most folks eventually need long-term care. Most folks eventually sell the Cottage to pay for it. Simple as that.

You can avoid nursing home poverty. Why isn’t it your top priority? How? LifePlanning™. This system acknowledges that middle class prosperity and independence are destroyed by long-term care costs. LifePlanning™ first protects the Cottage and other family assets. Once life savings are protected, the family can intelligently and purposefully plan for life choices respected.

Now the Cottage is protected and purposefully planned. Life choices respected. No threat from health care, lawsuits, or long-term care expenses. Now we are able to look to the future. Some fundamentals are key.

Estate planning is not about the next generation. It’s about you.

Cottage Life Cycle

Cottages have a life cycle that is remarkably consistent. Ignoring the Cottage Life Cycle practically insures failure. Most planning ignores the Cottage Life Cycle.

Little Kid: Grandma’s Cottage is a magical place: sunny days, puffy clouds, fish a-biting, campfires, friends, swimming. Let’s go! Glorious!

Teenage Years: Grandma’s Cottage is a stinky dump. Why do I have to go? Not cool. Get me outta here!

Young Adult: Bills, bills, bills. Cottage? Sorry: no time, no interest. Cash me in my share of Grandma’s Cottage. So, what if you have to sell it? I ain’t got time for that now.

Married with Children: Gee, whatever happened to Grandma’s Cottage? Too bad our kids won’t have that experience. We can’t afford a Cottage at today’s prices. Even the rentals are outrageous. Too bad.

Grandma’s Cottage begins and ends as the most desirable place in the world. But in the meantime, urgency overrules importance, and the Cottage is sacrificed. Bad luck. And it doesn’t have to be that way. You can have both nostalgic memories and today’s adventure.

Two Traditional Techniques, Two Ways To Fail

Families have failed for generations to protect the family Cottage. I blame the lawyers who advise poorly. You think they would have learned by now. You would be wrong. For generations, the most popular techniques are “last man standing” and the “corporate model.” Both facilitate failure.

Last Man Standing

By far the easiest, cheapest, most popular, and least likely to succeed: “Putting the kids on the deed.” Usually as joint tenants with rights of survivorship. Sometimes (usually by mistake) as tenants in common. Disaster! Joint tenancy equals no rules. Everyone can do anything. No one must pay. And you cannot get out of it. Except by death. Example: Grandma and Grandpa put Aunt Sue and Uncle Chuck “on the deed.” They pass on. Aunt Sue pays all the taxes, utilities, upkeep. Uncle Chuck brings his 30 closest outlaw biker chums for the weekend. Every weekend. Aunt Sue cannot prevent it. Cannot stop him. Cannot make him pay his “fair share.” And if Uncle Chuck lives longer than Aunt Sue, he owns it all. It happens. Failure. But it does avoid probate… whoopee!

Sometimes, when one kid has great financial need (real or imagined), the others will agree to sell the Cottage. Failure again.

Corporate Calamity

So how about some rules? Great idea! And that is the basis for the “corporate model.” Create a limited liability company (“LLC”). Now there are rules. But a new problem. The corporate model gives each beneficiary the right to leave. And to be paid off. Compensated for their share of the Cottage. That is when the corporate model fails. Sooner or later, someone wants out. And they have a right to money. Which the family does not have. Forced sale of the Cottage. Failure.

Remember the Cottage Life Cycle. At some point, each beneficiary will “need” the money more than the Cottage. My experience is that it only takes one. One kid to say “Cash me in.” And then the Cottage is sold. Memories last forever, but that’s the end of the Cottage experience.

A New Hope: The National Park Model

Weaknesses of the Two Traditional Techniques are painfully obvious. And have caused great pain in thousands of families. New hope comes in the National Park Model. It is simple.

Grandma and Grampa want future generations to have magical, irreplaceable experiences. Grandma and Grampa know Cottage Life Cycle. They have seen it in operation. They want to guarantee their legacy.

Here’s the idea: National Parks were established to preserve the irreplaceable. Fill in the Grand Canyon? There isn’t another one. Pave over Yellowstone? Gone for all time. But. Set these treasures aside. Prohibit selfish or short-sighted decisions. Focus on the far future. Now things look different.

You can’t “cash in” your share of Yellowstone or Yosemite, just because you don’t plan to go. Why should you be able to “cash in” the Cottage? And wreck it forever?

You can’t just throw down a tent and sleeping bag in a national park. You have to pay the expenses you create. Why should anyone freeload on the Cottage? Why not establish a budget and other mechanisms that will ensure long term viability?

That’s how dozens of families are now protecting the Cottage today. Rules for harmony. Preserving the past for the future. Pay as you go, while building reserves. No desperation. No leaky roofs. No unpaid taxes.

The National Park Cottage Trust works well in many contexts. The hunting property. The family farm. The townhouse. Clarity eliminates family strife. Reliable rules cement family relationships. In a world of conflict and chaos, wouldn’t it be nice to establish a safe haven? Traditions that will endure. Memories down through the ages. Without regret.

In a world of conflict and chaos, wouldn’t it be nice to establish a safe haven?

Taking Care Of Yourself Is Taking Care Of Your Family

Too many families have the story of the Cottage, the Farm, the Hunting Cabin that “got away.” Your family does not have to suffer a similar fate. You can be the author. Rewrite the future story of your life and your family’s. The National Park Model approach preserves resources, strengthens relationships, achieves your highest goals. And when your great-great-great grandchildren laugh with delight, learning to swim, fish and camp on the Cottage you provided for them… Well, I expect you’ll hear it, all the way over on the other side of the Great Divide.

Call (800) 317-2812

The post Traditional Trusts Fail Families. Save The Cottage! appeared first on Carrier Law.

(Note: Not Legal Advice!)

“What can I do to protect a property transferred via quit claim deed 2 years prior to entering assisted living from Medicaid?”

Two years ago, my father transferred a family property… to me via quitclaim deed. Currently no one resides there. He may be entering assisted living and it’s my understanding Medicaid can seize property within five years of transfer for estate recovery… Are there any steps that I can take prior to him entering assisted living to protect the house? He does currently own a… primary residence.

The Answer Is: It is complicated, but there are things you can do.

Divestment Definition & Dilemma

Dad deeding the “family property” to you was “divestment.” Divestment is the “transfer of a resource for less than fair market value.” Dad must report all divestments that were made within 60 months (that’s 5 years) before applying for Medicaid. If Dad gave stuff away in the 60 months before applying for Medicaid, Medicaid will impose a Penalty Period.

Penalty Period Pain

Here is how the Penalty Period works. Medicaid says that for every $9000 Dad gave away, Medicaid imposes a one-month penalty. In other words, Medicaid will not pay for Dad’s long-term care for a month for each $9000 Dad gave away. The Penalty Period, however, does not begin until Dad is broke and in long-term care.

What It All Means

If the “family property” that Dad gave you is worth $90,000, the Penalty Period will be 10 months long. The 10 months begins when Dad has no more money ($2000) AND Dad is in long-term care. Medicaid will not pay Dad’s bill. Dad has the Homestead, but no money. The bill does not get paid.

Nursing Homes do not like to not getting paid. Nursing Homes sue people who do not pay them. Nursing Home sues Dad. Dad sells Homestead. Now Dad has cash to pay the nursing home bill.

Dad spends all his cash. Now Dad has no money. But Dad still has a PENALTY PERIOD! Medicaid still will not pay. Nursing Home still does not like to not get paid. Nursing Home sues Dad again. Now Dad has nothing.

Nursing Home sues you. If Dad had not given the “family property” to you, Dad could have sold it to pay his bill. Giving the property to you is called a “fraudulent transfer.” Ugly name, ugly result. You sell the property and turn the cash over to the nursing home.

When this cash runs out… Dad still has a Penalty Period! But too bad, so sad for the nursing home now, because Dad has been drained dry.

Let’s rewind the clock…

Solution #1: PACE TO THE RESCUE

Dad is still at home. Situation is not yet desperate. Is it possible for Dad to remain at home, if he received a certain amount of care?

Program of All-inclusive Care for the Elderly (“PACE”) might be the solution. PACE is Medicaid. PACE is administered by private organizations that manage the government/Medicaid dollars to keep your loved one at home. PACE does not provide 24/7/365 round-the-clock nursing care. But PACE enables thousands of folks to stay at home. Folks who would otherwise be in skilled nursing or assisted living.

REALLY GOOD NEWS ABOUT PACE: Right now, until further notice, PACE does not care about divestments. There is no Penalty Period. Dad keeps the Homestead. You keep the “family property.” Nursing Home gets paid by Medicaid. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

Solution #2: PAY THROUGH THE PENALTY PERIOD

This gets a bit complicated. Medicaid pays when Dad has no money. Medicaid says that income is not money. Medicaid says that certain payments received from certain annuities is income.

Dad still has a 10-month Penalty Period. But what if Dad has some cash? Like $90,000 of cash? Now he can pay for 10 months. But if he has cash, then he is not broke. If he is not broke, the Penalty Period does not begin.

We put the cash into the certain kind of annuity. That pays a certain amount in a certain way. When we do this, Dad is broke. Dad has no money. But Dad does have enough INCOME to pay the Nursing Home through the Penalty Period. At the end of the 10- month Penalty Period, the annuity is empty. And there is no more Penalty Period.
You keep the “family property”. Dad keeps his Homestead. Nursing Home gets paid. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

SOLUTION #3: LIST THE FAMILY PROPERTY FOR SALE
I just spent an hour and a half trying to write up this strategy in a way that does not lead to total confusion. I cannot do it. Suffice to say that there is a third strategy. The third way does work. I am happy to explain it in person. But I cannot make it fit on this page.

Call me! I will explain it. We all join hands… “I’d like to teach the world to sing, in perfect harmony…”

Simple Solutions To Complex Conundrums

Everybody wants a simple solution. So, do I. But that’s not always possible. The bad news is that we cannot make this stuff easy. The good news is that we can make it easy for you.

You Choose!

Applying for benefits does not mean Nursing Home Poverty or silly Spend Down. Learn how to preserve your loved one’s lifesavings, business, cottage, life insurance. Thousands of middle-class families have learned and use these techniques. Why not yours?

Got Questions? Get Answers!

GET ANSWERS NOW… THE CALL THAT CHANGES YOUR LIFE…
COME TO A WORKSHOP OR ATTEND A LIVE WEBINAR FROM HOME…
(800) 317-2812

The post Medicaid Penalty Period Explained | Your Letters, Your Questions… appeared first on Carrier Law.

Long-term care is the care you need if you can’t perform daily activities on your own for an extended period of time. There are a number of different ways that long-term care can be provided. 

Most long-term care involves assisting with basic personal needs rather than providing medical care. You are usually determined to need long-term care if you need help with two or more “activities of daily living” (such as bathing, dressing, eating, and going to the bathroom). Family members usually provide long-term care to start, but as an illness escalates paid care may become necessary. 

The following are the types of long-term care:

• Home care from family member. The most basic form of long-term care is when a family member becomes the caregiver. It can involve simple tasks like buying groceries or more complicated ones like bathing and dressing. Sometimes family members can be paid for their work.
• Home care aide. Home care aides provide companionship and socialization and assist with meal preparation, housecleaning, laundry, shopping, and errands. They are also called homemaker or chore aides.
• Home health care aide. Health care aides provide personal care (bathing, grooming, etc.), assist with range-of-motion exercises, provide some medically-related care (empty colostomy bags, dress dry wounds, check blood pressure, etc.), and provide assistance with housekeeping and errands. They are often referred to as personal care assistants.
• Adult day care. Adult day care allows family members to get a respite from caregiving. In general, there are three types of centers: those that focus on social interaction, those that focus on health care, and special Alzheimer’s care centers.  
• Assisted living facility. Assisted living facilities are a housing option for people who can still live independently but who need some assistance. Depending on the facility, that assistance may include help with meal preparation, housekeeping, medication management, bathing, dressing, transportation and some nursing care. Residents usually live on their own, in small apartments. Despite the emphasis on independence, supportive services are available 24 hours a day in order to provide different levels of help with activities of daily living. The level of medical supervision depends on the facility.
• Nursing home. Nursing homes are the highest level of long-term care. They provide 24-hour care to residents. Staff provide help with daily activities such as feeding, dressing, and bathing along with medical care and physical, occupational, and speech therapy.

Costs for care can vary widely, from a few hundred dollars a week to pay for coverage when family members are at work to $300,000 or more a year for around-the-clock home care or care in the most expensive nursing homes, perhaps with private aides hired on the side.

Long-term care costs, whether at home, in assisted living or in a nursing home, are paid primarily from three sources: out-of-pocket, Medicaid, and long-term care insurance. Medicare, the health insurance for people over age 65, only pays for up to 100 days of skilled nursing facility care following a hospitalization, and only for so long as the patient is deemed to need skilled care. Medicaid also has options for long term care at home – the Program of All-Inclusive Care for the Elderly (PACE) and MI Choice Waiver.

Need help navigating this maze? The team at Carrier Law are happy to guide you!

The post What is Long-Term Care? Who Provides It? appeared first on Carrier Law.