If you were ever to require hospitalization in a Level 1 behavioral health facility, it is imperative that you have a mental health power of attorney in place. One does not have to have a history of mental illness to be at risk for hospitalization in a behavioral health facility. Treatment can be needed for something as simple as a medication interaction affecting mood or behavior.  Behavioral issues are also commonly related to Alzheimer’s disease and other forms of dementia.

If inpatient behavioral health treatment is required, the patient is unable or unwilling to accept treatment, and there is no mental health power of attorney, then there is no alternative other than to pursue emergency guardianship. A regular health care power of attorney does not have the authority in Arizona to make decisions related to mental health. The same is true of a surrogate decision-maker, which is the person health care professionals look to based upon a hierarchy of familial relationships to make decisions for a patient who has not executed a power of attorney document.

You can download a free mental health power of attorney form along with all of the other advanced directives right off of this website at www.arizonaseniorlaw.com.

Prescott – Saturday, October 2^nd– PrescottMemoryWalk.org

West Valley – Saturday, October 23^rd– WestValleyMemoryWalk.org

Verde Valley – Saturday October 30^th– VerdeValleyMemoryWalk.org

Tucson – Saturday, November 6^th– TucsonMemoryWalk.org

Phoenix – Saturday, November 13^th– PhoenixMemoryWalk.org

It is never too early to form a team to begin fundraising for this great cause. The money you raise with your team will help support programs and services for people in our own communities. Examples of these programs include: the 24 hour helpline, education programs, family care consultation, support groups, MedicAlert and Safe Return, research, and advocacy.

Be part of the “fun” in fundraising and form your team today!

Vendors from across the spectrum of healthcare will be on hand to discuss products and services available in our community. Representatives from home health care, assisted living, hospice, insurance, and medical equipment companies are just a few of the providers who will be onsite.

Healthcare professionals will also be on hand to offer free blood pressure checks, optical screening, body fat testing, and seated massages. This event is open to the public and there is no charge for admission. Opportunities to win raffle prizes from the vendors will take place every 15 minutes.

Health fairs are a great way to explore available resources while spending time with loved ones.  A casual, fun environment allows participants to obtain general information on the topics that they are most interested in. Vendors are always happy to offer follow-up contact if you would like to discuss a more personal situation with them based on your specific needs or circumstances. It is never too early to take charge of your health!

Answer: While skilled nursing facilities certainly have their appropriate place along the continuum of care, it is not the only option for someone in order to receive ALTCS benefits. Other settings include assisted living communities and group homes as well as home and community-based services, which allows an individual to remain in their own home for as long as possible.

Recently, we have been hearing this question more often. When an individual inquires about services from the ALTCS office, they sometimes hear that they need to be ready for nursing home placement. This is true in that there are specific medical criteria that must be met in order for someone to be approved for ALTCS. Part of the medical assessment involves determining if an individual is indeed at risk for nursing home placement. Many individuals, however, interpret this to mean that they have to move into a nursing home right away in order to be considered for or to receive services.

If you have questions about ALTCS eligibility requirements, whether medical or financial, feel free to call our office at 1-800-243-1160 and ask for a free pre-screen from one of our Elder Care Coordinators. You may also wish to check out our interactive ALTCS program online at http://www.MyALTCS.com

In our everyday lives, giving to others is a definitely a good thing. During the holiday season, especially, we are often reminded of how important it is to give of our time, talents, and financial resources. Unfortunately, financial generosity may adversely affect financial eligibility for ALTCS.

 As with any government program, there are requirements for eligibility and ALTCS is no exception. Along with meeting medical criteria, an individual must also meet certain financial requirements in order to qualify for the program. Part of the financial review involves a five-year look-back period on gifts and transfers from the applicant. Some common gifts that can pose problems include donations to charity or gifts to family members such as money to pay for education or to pay down debt.

 Some well-intentioned adult children may transfer their parents’ money into their names in an attempt to help preserve assets. They mistakenly believe that by taking the money out of the parent’s name and “holding” it for them in their own account, that the state will not count the money as asset. This is not a good option. The state could actually penalize this ALTCS applicant according to the amount of money transferred. The more money that was transferred, the longer this applicant will go without full long-term care coverage from the date he or she would otherwise qualify.   

 Please remember that we are here for free pre-screens to help you determine whether or not you have issues such as these that may threaten ALTCS eligibility. The good news is that, oftentimes, these issues can be corrected.

 You can reach us toll-free at 1-800-243-1160 or you can visit our website at www.MyALTCS.com and check your eligibility by using our free Quick Calculator to determine if you may need to seek legal advice before applying for ALTCS.

 Happy Holidays from the Elder Law team!

Answer: This is a very common concern that we hear at JacksonWhite while conducting our pre-screen benefit eligibility assessments. As with every major life decision we make, there are privileges and responsibilities that go along with it. Marriage is no exception. Arizona is a community property state, which essentially means that when married, what’s mine is yours and what’s yours is mine. When the State is determining countable resources or assets for married couples, they make no differentiation between the husband’s assets and the wife’s assets. They are counted together regardless of whose name is on which account.

As it relates to the question above, by being married, the wife cannot hold back her assets from being considered by the State. They will count along with her husband’s in determining how much money the couple may or may not need to spend down in order for the husband to qualify for ALTCS. On the flip side, marriage offers certain privileges which off-set the responsibilities when it comes to ALTCS. Spousal anti-impoverishment laws are in full force to protect the well-spouse, or the wife in this scenario. ALTCS eligibility requires that a married couple’s countable resources are divided in half. The well-spouse keeps their half and the ill-spouse spends their half down to $2,000. The anti-impoverishment laws allow the well spouse to maintain more than the “half” if proper planning is done.

 Every couple’s financial situation is different and there is no cookie cutter approach to ALTCS financial eligibility. It is important to note that there are exceptions and rules when determining the amount of assets that are considered countable resources. The Elder Law team at JacksonWhite is here to support you in navigating your options for long-term care before you apply for ALTCS. Give us a call at 1-800-243-1160 for a free pre-screen or visit http://www.MyALTCS.com and use the quick calculator to get started on your road to ALTCS approval!

Question: Will assuming my dad’s mortgage pose a potential problem with ALTCS eligibility?

Answer: YES! ALTCS will see this as a transfer of the difference, or $140,000.
Therefore, dad is ineligible due to the assumption of the loan. They see this transaction as dad essentially giving away $140,000. In doing something that they thought was right for dad, it is now clear that they have actually caused major issues with eligibility and potentially some very severe penalties.

If you are getting ready to apply for ALTCS for yourself or someone else, please call for a free benefits pre-screen. We can help you determine if there are any red flags before you start.

Phoenix Memory Walk – 11/14/09 – Wesley Bolin Plaza

Registration at 7:30am – Walk at 9:00am

Prescott Memory Walk – 10/3/09 – Downtown Courthouse Plaza

Registration at 8:00am – Walk at 9:00am

Sedona Memory Walk – 10/17/09 – TEQUA The Village of Oak Creek

Registration at 8:00am – Walk at 9:00am

Sun City West – 10/24/09 – Beardsley Recreation Center

Registration at 7:30am – Walk at 9:00am

Tucson – 10/17/09 – Gene C. Reid Park

Registration at 7:30am – Walk at 9:00am