Perspectives is published by
Shiley-Marcos Alzheimer's Disease Research Center?
University of California, San Diego?
9500 Gilman Drive- 0948
La Jolla, California ?92093
Phone: 858-622-5800 ? ? ? Fax: 858-622-1012
Email: lsnyder@ucsd.edu
Editor:
Lisa Snyder, MSW, LCSW, Clinical Social Worker
In their News Letter for Summer of 2012 Vol 17 No 4 an excellent article appeared talking about the need for estate planning. He talks about getting a lawyer and how to find one. This offering is a sequel?telling?you what to do when you find one and why it is so important.
I am sending this to perspectives for publication as a sequel in the event they do not have one from another writer cursed with the same calamity as I was. I am posting this for their ease in using it.?
?The scariest thing to me about having Dementia, Alzheimer?s disease (AD) or whatever else it may be is contained in the foregoing title! In this blog in the past I have discussed the cost of the out of pocket medical and care expenses to the degree that it qualifies as one of my major issues. I do because in my view: 1.??? Their cost this high cost has the potential of breaking my wife and me as my care needs go any length of time.? a.???? ?As federal and state laws now are I will be ok because Medicaid will pick up such gaps that I cannot financially cover. b.??? It is my wife who will suffer. Her gaps will not be covered. If we have spent down to the poverty level that qualifies me for Medicaid that means we are jointly without sufficient funds for her to live on for any amount of time. There are no programs for her. ?She is effectively out in the street! c.???? Always keep this in mind. Whichever spouse will incur the cost of care, the estate that must be paid down to qualify that spouse is the joint and several obligation of both spouses. (Joint and several is the lawyer?s long way of saying the obligation of both spouses!) 2.??? Medicaid is under attack in Congress and is subject to state administration where the State has the ability to set policy for who qualifies and what those qualifying get. I live in a state, Minnesota, where the administration of Medicaid is far more sensitive to needs than too many other states. Between the federal government and too many states Medicaid cannot be trusted to continue to provide an alternative. (Medicare and Medicaid are two different programs. I believe people can get very confused by this and make mistakes, particularly those of us with Dementia and our harried caretakers. Why is this? I suspect for some nefarious reason!) 3.??? The cost of care is very high, in many cases confiscatory.?? a.???? Those families having more assets than the poverty level set by government must pay all care cost, all medical costs not paid by Medicare and its supplemental coverage if carried by the family.???? b.??? Between Nursing Home expense, Assisted Living expense and Home Care cost this can easily eat up the financial and retirement holdings of a family that would be otherwise secure. Home Care or Nursing Home care has a real average of approximately $100,000 a year. c.???? How many couples, who have the joint obligation for these expenses has $500,000 put away for retirement? I could continue on this topic for pages, and have in other essays. I refer you to: both of these titles are essays I have written on this blog in the past. Note they titles are in hypertext, click on then to go there. A roundup of a many of this issues can be found at: Much of it was based on the analysis I did in: The estate planning essay was written in 2007 initially and posted a number of times, the last time being in 2009 and can be accessed by clicking on its hypertext?d title that appears immediately above this. The? rude truth about the financial problems that exist with any disease needing care, particularly true of all the Dementia?s is set out in this essay. I prepared it after seeing an elderly law specialist after diagnosis in 2006. I spent 43 years as a practicing lawyer and did many wills, probate many estates and did Estate Planning. In my circumstances I did not trust myself to do it. I went to my old partner and asked him to find the best Estate Planning Lawyer and Elder Law Specialist in the Twin Cities and the two of them set my wife Diane and I up to face our catastrophe. I have posted an essay that appeared in the ?New Old Age? column of the New York Times this past week. (Oct 11, 2012) It validates all I have said about the cost and the extreme risk it puts us at. I strongly recommend its reading. It says it all in a different, clearer and far more succinct way than I do.
It is entitled:?The High Cost of Out-of-Pocket Expenses
In hypertext, click on title to go to my Archive to read it. It is worth reading in every way. I cannot keep quiet about this. I see our nation, the pure stupidity of the politics relating to aging, the duplicity of so many from Wall Street to?A COMPENDIUM ON ESATED PLANNING FOR ALZHEIMER?S DISEASE The Diagnosis of Alzheimer?s Disease (AD) produces a Paradigm Shift in your life that compares to little that has preceded it in its breadth and abruptness!
When AD hits it affects everyone around you. You have it; your spouse must to deal with it; your loved one?s need to accept it. These are but the tip of what is a never ending list of a new and different permanence in your life.
One of the most difficult issues of many that need attention is the financial affairs of you and your spouse. Your life is going to be decidedly different; the roles between you and your spouse are going to change significantly.
As it concerns your financial affairs, how you own and what you own may have to be changed to protect it from being unnecessarily drained because of the care needs of your illness. This requires planning; it is called Estate Planning.
Your Estate comprises whatever property you and your spouse own or to which you have the absolute power to direct (like a trust fund). This includes everything from your bank accounts, insurance policies, homestead, personal property around your home, car, anything having value.
It is important to review this with your attorney and a financial planner should you have one. The purpose of it is to make sure you qualify for all financial support for which you may be entitled before incurring the Cost of Care. The Cost of Care for AD is enormous and can literally confiscate all of your funds leaving your spouse with little or nothing to live on.
What follows is an outline of points I learned in 1977 when I consulted with my attorney who brought in a specialist in Elder Law to work with him. In turn they worked with my financial planner and my tax accountant.
I was a practicing lawyer for 43 years. I did not trust myself even though I had sufficient training and expertise in it. I needed someone. A lawyer who represents himself has a fool for a client. A person not a lawyer who does the same has a pair of fools serving her/him.
What follows are the circumstances as I recall them and noted them at the time. This is dated, things may be different. What they were then was appalling, what they may be now will probably be worse if changed at all.
You need to protect your estate. What was accumulated was from your own efforts at saving for retirement. It needs to be preserved as much as possible to care for you and your spouse for the rest of your life expectancy. That is only fair when you have undertaken this effort and accumulated protection by your own efforts.
Like so many my spouse and I saved for our own retirement and funded a reasonable life for the rest of our days. In the planning for retirement we did not include funding the occurrence of the catastrophe of one of us becoming afflicted by AD.
The special circumstances of having AD as it regards your finances are these. If you look at AD occurring in three stages, Early, Mid, and Late Stage, you know this. In Early Stage you can get along well on your own in most instances. You will normally start to need help as you reach the Mid and Late Stage. It starts with the need of intermittent home care to help you and to relieve your caregiver spouse.
Companion care will run $20 to $25 an hour. A qualified health care person runs $30 to $35 an hour. (Minneapolis MN approximate) This is not bad once and awhile. A regular use adds up quickly, such as: 8hrs a day @ 20 = $160.00. Monthly is $4,866.66, annually is $58,400. If 24 hour care is required simply multiply those numbers by three and get daily $480, monthly $14,595.88 annually $175,200.
This simple calculation takes Cost of Care out of the ballpark and directs you towards Assisted Living or Nursing Home Care.
The savings there are substantial. Assisted Living Costs amount to an average in Minneapolis of $6,000 a month $72,000 a year. Nursing Home Costs amount to an average in Minneapolis of $7,000 a month $84,000 a year.
Is it unreasonable to estimate the Cost of Care will equal $75.000 to $100.00 a year?
If not supplemented by outside help how long can the normal retirement savings withstand such a drain of cash resource before it runs out leaving the surviving spouse in poverty and the afflicted spouse on Medicaid?
This is the issue you needed to address as does every one of the middle class.
Who of you in the middle class who have industriously saved enough to cover retirement have not saved enough to cover catastrophe?
The subject of this paper is to point out the significant reality in our community of those who are afflicted by AD.
The rich will probably have enough to weather the financial storm. The poor have Medicaid available to them to cover this cost. The middle class have nothing but what they have on their own.
Before they can get any help the middle class need to reduce their estate to the threshold level to qualify for Government Aid. In 2007 the conditions and circumstances were as follows:
- When a family requires health care service for an Alzheimer?s patient the cost is not insured unless the patient has long term health care coverage, then it is covered to the amount and the time the insurance company agrees to pay in the policy.
- Without the coverage the cost is the families?, no other.
- If the family cannot pay, they can apply to the state for payment of the cost.
- To do this there are qualifications set by the government. They are called eligibility requirements.
- Among those at least as they apply to me are the following:
- I must first deplete (pay out entirely) all of the property that I have excepting:
- I can?t have an income greater than $79.00 per month.
- This includes everything that is in my name. The income from my deferred (IRA and like kind) retirement accounts are included in that.
- My wife is financially responsible for my medical needs and all other expenses of living I have including nursing home, assisted living and home care before the government can be made responsible.? If she has funds of her own other than mine those funds need to be depleted before I am eligible. The rules for the spouse in my case I am told are these:
- My wife?s separate estate must be no more than $102,000.00 (2007).
- Her income must be less than $1,650 in some cases less than $2,489 in other cases per month.
- We can keep our home, that is exempt at least to a value of $500,000 or in some cases $1,000,000.00 should my wife live in it while I am receiving services.
The history of the ?Spending Down Your Estate? as it is often called is this:?
Years ago the older farm couple would go in to see the lawyer and have him transfer the farm to the kids. Their reason: ?You don?t want the to go to the county when you go into the nursing home.?
In the insular culture of the family farm community this was done consistently, although often counseled against by the family lawyer. It did have its margin of safety because the kids would be shamed and shunned by the community if they did not honor their parents. In this way the county paid the bill and the farm passed on to yet another generation.
Initially the County placed an Old Age Assistance Lien on the real estate owned by the applicant once the State started paying for assistance. The lien was collected when the applicant died. The reason farm couples started to stop by the lawyer?s office before they went to the nursing home was to make sure they didn?t own anything the County could put a lien on.
As this practice expanded the State placed a time limit before which the transfer had to be made or they could enforce a lien against the property even though it was transferred to a child. They called these ?Look Back Rules.? Each couple of years more limitations were introduced and ?Look Back? time extended on the practice which was called: ?Spending Down Your Estate.?
To consider sheltering your estate you must be aware of the ?Look Backs? and the other limitations in force against sheltering.
Most estates are not sufficient to cover the Catastrophic Cost of Care that will come with AD. How quickly can an estate pay an extra 75 to 100,000 a year addition to the budget to cover this Cost of Care?
There are two alternatives other than sheltering that are too often too complicated or unacceptable to moral values. One is Divorce the other is Doctor assisted suicide allowed in a few states. I will discuss each of these in a later paper as they do not bear discussion on the money nuts and bolts discussed in this paper
SHELTER OR ROLL THE DICE DOING NOTHING!?
One has but the two foregoing options, Shelter or Roll the Dice. To roll the dice can be euphemistically called Self Insuring.:
Shelter
- Our estate needs to be spent down in some way for my eventual eligibility.
- This needs to be done five years before I make an application for Medical Assistance.
- This means spending down to $3000 for me 102,000 for my wife etc. etc.
- Specifically they said:
- We could transfer our estate to our kids and trust them to take care of us and take care of my wife after I have passed on. (Transfer the Farm)
- To do that each or our children?s families could have a stake in how the funds entrusted are used. This is money which they will eventually inherit if not spent for our care. Our children and their families have their own personal needs. Do we place them in a personally compromising situation?
- We could pick but one of them to gift to. Would the others have a gripe? It would be hard not too much as I would like to think they wouldn?t.
- Should we do this we could name one or more of our children trustee(s). This has complications.
- We could use our children or someone whom we absolutely trust and transfer our funds outright to that person trusting such person to then set up a trust for our benefit.? This could be an individual whom we know we can trust, or a trust department at a bank which would give us a level of objectivity and a minimum of bias.
- The next shelter possibility we looked at was selling our home and buying one substantially more expensive than ours, doing it in my wife?s name and protecting a bulk of our funds in this way.
- If done more than 5 years before application for care, if the spouse not needing the care continues to live in the home, then the home is exempt and its value is exempt. No old age assistance lien, no other claim against it can be made. Only problem that might arise is what happens if that spouse dies before the recipient??
- We did not attempt to answer this question for this reason. It just did not make sense for us to put more money into a home which would by its nature incur greater living cost and its value would be dependent on the real estate market.
- Look at what that market is doing now! I am certainly glad we did not take this alternative though it sure seemed a viable one.
- This left us the most complicated alternative to deal with. Putting it into annuities. They are protected to the extent that they are ?income only? annuities.
- We were told the rules regarding them were these:
- The downside of annuities are the following:
- Principle is given up in exchange for a guaranteed income stream. My wife can be the beneficiary of mine; I can be the beneficiary of hers. If either of us is dead it goes to the State. There is no further inheritance
- If the annuity has a pay out for ten years the rate of return on principal is not likely to exceed than 1.5% per annum after deducting cost of administration commission etc.
- If for 20 years it doubles to 3% per annum.
- In the event of an unexpected death there are complications.
- A difficult twist (Catch 22) occurs if the AD patient stays sufficiently lucid to not need assistance and the spouse for whom the funds have been sheltered becomes in need of Medical Assistance. Access to the principal is denied the AD patient and the installment payments goes to payment of medical assistance for the wife
- If Annuity is a valued way to shelter it seems it should be done by the person who is not potentially needing medical assistance. That spouse can have free use of the funds so long and until it is funded into an annuity before medical assistance application is made.
- The value to the spouse potentially needing medical assistance is it can be done anytime. If the payments are extended far enough into the future at the lowest possible amount, the surviving spouse is entitled to the unpaid installments should the medical assistance spouse die before the annuity fully pays out.
- The final issue: How to get the money into my wife?s hands so she has the freedom to use of the funds, and, to decide when to annuitize these funds.
- There is no application of the five year look back rule on transfers to your spouse. If however, funds are transferred to the spouse and the transferred funds are used by spouse to buy an annuity there might be some gray area invoking the 5 year look back rule. I am not sure of this nuance.
- Deferred Income Accounts (IRA like) are subject to income tax if transferred.
- Should the spouse take advantage of the Homestead Exemption and funds need to be transferred to her this should be done more than 5 years before to avoid application of the 5 year look back rule.
Source: http://ic-mike.blogspot.com/2012/10/estate-planning-for-alzheimers-he.html
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