Arizona Senior Law

I was recently introduced to a great resource for anyone dealing with end of life issues and just planning ahead.  Hospice of Arizona hosts a weekly radio show on Mondays at 3pm.  Tune in to 1100AM KFNX to listen to Marsha Hall and Judy Peters as they host, “We’re There for You.”  For those who think it’s just an hour about hospice services, think again.  They touch on topics such as advanced directives, financial planning, as well as Elder Law/Care.  They offer a relaxed environment for listeners to call in if they wish.  If you decide to become a listener, you may even hear some familiar voices from the Law Firm of Jackson White! 

Did you know an ALTCS application can stay in a “pending” status while a Miller/Income-Only Trust is being set up? ALTCS is supposed to notify the applicant that a trust is needed and then give adequate time to set it up. ALTCS is not supposed to deny the application.

If you are told by ALTCS that you will need to withdraw because you make to much money, please ask them to explain what a Miller/Income-Only Trust is and how it can help. You may also call our office and ask someone on our Elder Law team.

If you are told by ALTCS that you make to much money and that they will have to deny the current application, reapply after the trust is set up. Please ask to see policy that talks about the specific time frames involved with establishing a trust. If you have any questions regarding setting up a Miller/Income-Only Trust, please let us know and we’ll be happy to educate you.

Always ask questions and ask to see policy when dealing with ALTCS. It’s your customer right!

Tags: ALTCS, Asset Protection

The JacksonWhite Elder Law team wishes to thank every woman and man who has ever served the United States of America. We are so honored to get the chance to work and meet with Veterans and learn from their stories and experiences. This video was put together in honor of these Veterans and we wish them and our readers a Happy Veteran’s Day!

Tags: Veterans, Veterans Day

This week alone, I have heard three different stories from loved ones who have been unsuccessful in obtaining much needed long-term care benefits. They each were given incorrect information by the local ALTCS office, which caused their benefits to be denied. What frustrates me the most is the fact that they were eligible! I urge EVERYONE to (1) share with everyone that the ALTCS program is available and (2) do not, I repeat do not take a denial from ALTCS as written in stone. Seek out the answers, ask questions, ask to see policy, and most of all ask the ALTCS worker to show where it states what they are telling you.   

Tags: ALTCS

The Governor’s office has proclaimed November Arizona Family Caregiver Month. Family caregivers provide an average of 20 hours of care per week for their loved ones, all the while facing difficult challenges affecting their own health, finances and security. Please recognize the family caregivers you know this month and thank them for their dedicated care to our senior population.

Tags: Family & Caregiver

In order to qualify for ALTCS you need to meet both financial and medical criteria, but how do you know if your loved one is medically eligible?  Did you know that you can have your client or loved one pre-screened medically for ALTCS even before you submit an application?   The ALTCS process is cumbersome, there is no denying that.  Some families are overwhelmed by all the required financial paperwork to only find out that their loved one does not qualify medically.  They might have been denied because they simply are not at a skilled level of care.  There is also the possibility that they were deemed medically ineligible because they wanted to appear more independent and gave an incorrect response.  A private PAS can always be requested prior to beginning the financial piece.  A private PAS works the same way as a standard PAS.  The assessor will assess the individual by looking at his/her ADL needs.  As a social worker for JacksonWhite it is my responsibility to medically pre-screen all clients.  I also attend the majority of the Pre-Admission Screenings with ALTCS.  If you have any questions regarding the medical PAS please feel free to give me a call or directly ask a question by commenting to this blog.  I am more than happy to assist.  I can be reached at 480-464-1111.

Tags: ALTCS, Family & Caregiver

We want to hear from you! Have you applied for Arizona Long Term Care benefits and been denied? Maybe you have been denied ONCE - TWICE - even THREE times?    Have you helped someone with the process only to be overwhelmed or surprised by the denial?  We want to help!  Better information, more support and proactive assistance can make the difference!   We hear from many people every day from all around Arizona who have struggled with eligibility - we want to foster the CORRECT information!  Now…what is your story?    Why were you denied?  Did you eventually get approved?   How did the ineligiblity period effect you?  Did you get the help and support you needed as you went through the process?  What is the one thing you wish you would have known prior to applying that would have really helped make the process easier?   Please comment below to this blog!  We will do our best to answer any questions or concerns that you may post! Plus, your story might help another family in the same situation. 

Tags: ALTCS

Hometown parades and picnics in the park.  Military bands.  Sprucing up military cemeteries and planting American flags graveside.  And of course, speeches.  Veterans Day is celebrated in many ways today, but has changed over the years.  “Thanking veterans for their service” to our country has a rich history.

As early as 1871, ceremonies were held in New York, Cleveland and Savannah honoring the sacrifice of Civil War veterans. 

World War I, “the war to end all wars”, officially ended with the signing of Treaty of Versailles on June 28, 1919.  However, an armistice had been agreed to by both the Allies and Germany seven months before, on the 11th hour, of the 11th day, of the 11th month.  President Wilson proclaimed the first Armistice Day November 11, 1919 as “a day of solemn reflection, filled with pride in the heroism of those who had died in service to their country”.  His original concept was a day of parades, solemn public meetings, and a suspension of the nation’s business to begin at 11:00 a.m.

Congress officially recognized November 11th in a joint resolution issued June 4, 1926.  Although they acknowleged 27 states had already decreed Armistice Day a legal holiday, they called for “the flying of the American flag” and “invited people to observe the day with appropriate ceremonies”.

On May 13, 1938, Congress designated Armistice Day a legal holiday, with November 11th set aside “to promote world peace and to honor the veterans of WWI”.  Striving to further honor the memories of WWII and Korean War veterans, on June 1, 1954, Congress changed the designation to “Veterans Day” and noted November 11th “became a day to honor the sacrifice of American veterans from all wars”.

Veterans Day continued until the passing of the Uniform Holidays Bill in 1968 (an effort to make most federal holidays on a Monday), but the outrage and confusion resulting from the October 25, 1971 Veterans Day observance resulted in a retreat by Congress.  Due to the “historic and patriotic significance” of November 11th, in 1975 they restored November 11th of each year as the official Veterans Day that we observe to this day.

We have set this day aside for a celebration to honor all American veterans for their love of country, willingness to serve, their sacrifice for the common good, and their patriotism.  No matter how you choose to celebrate this auspicious holiday, please do not let the day pass without thanking at least one veteran for their service.  We owe them so much.  

Tags: Veterans, Veterans Day

Ever heard of the term “elderspeak”? Well, in short, elderspeak is speaking down to the elderly and oftentimes, not even noticing you are being condescending. A recent article in the New York Times addressed the negative implications of elderspeak which I found quite alarming.

The article showed that elderspeak takes many forms: A daughter goes out to eat with her elderly mother and the waiter only addresses the daughter. A salesperson addresses an elderly customer slowly and in loud voice. A paid caregiver routinely addresses a senior as “sweetie.” While all of these examples may appear harmless on the surface, research has shown that the effects of elderspeak on seniors can be quite detrimental. Perhaps worst of all, elderspeak can contribute to seniors having a negative self-perception, which is thought by some researchers to decrease life-expectancy by an average of 7.5 years!

As with most wide-reaching social dilemmas, the elderspeak problem won’t be resolved quickly, but we can each do something on an individual level. Our Elder Law team has found that basic common courtesies go a long way towards developing meaningful relationships no matter what the age is of the people we are serving. What have you noticed about elderspeak? What can we as a community to get rid of it?

Tags: Alzheimers, Assisted Living, Elderspeak, Hospitals, Social Workers

Long term care insurance (LTCi) is a wonderful option for those who can afford it, or have purchased it early. LTCi is an effective way to pay for long term care - if the daily rate it pays out covers all of your costs.  But what happens when you have insurance that pays only a portion of the daily rate? You will have to pay the difference out of pocket - AND - the daily rate counts towards the income received for eligibility criteria for the ALTCS program. Easily with the LTCi payout, the applicant will be over the $1,911 monthly amount allowed for ALTCS. So what do you do?   

I got a call yesterday from a daughter whose mom has been in a skilled nursing facility for three years, receving $50/day from a LTCi policy and having paying the difference herself of the $167/day bed. No one told her that mom could get on ALTCS even though her income was now higher (her social security plus the $50/day from the LTCi)  than the $1,911. But the truth is YES, mom can get on the state ALTCS program.   All she needs is an Income Only Trust or Miller Trust.  Now, with this information, the daughter can apply for ALTCS get mom the program.  Mom will continue to pay her income and the LTCi money but the daughter will not have to supplement the difference.   There are options for everyone - just ask!  

Tags: ALTCS, Asset Protection, Family & Caregiver