Arizona Senior Law Blog

Celebrating National Elder Law Month

JacksonWhite is excited to be celebrating National Elder Law Month during the month of May. During this month, Elder Law attorneys throughout the country contribute a great deal to their communities by educating seniors about their legal options. We would like to highlight the free resources that JacksonWhite offers on our website all year long. Feel free to download any of the following forms: Powers of Attorney Health Care Power of Attorney Financial Power of Attorney Mental Health Care Power of Attorney Revocation of Medical Power of Attorney Revocation of Financial Power of Attorney Other Legal Forms Living Will Surrogate

Celebrating National Nursing Home Week

National Nursing Home Week (NNHW) is being celebrated May 13-19, 2012 by nursing homes in Arizona and across the country. NNHW appreciates the employees, volunteers, residents, and family members at nursing homes throughout the United States. This year, the week’s theme is Celebrating the Journey, a theme that honors the lives and milestones of center residents and rejoices the new journey they have begun at the nursing homes. Homes allow their residents to continue living life to the fullest, regardless of age, disability, or frailty. Nursing homes provide countless benefits to their residents and the family members of residents. When

Why Use an Arizona Attorney Over a Document Preparer?

Families preparing for the Arizona Long Term Care System (ALTCS) often look for the most affordable way of getting help. Many incorrectly believe that a document preparer is cheaper than an attorney. While we strongly agree that cost is an important factor to consider, there are many additional factors to think about when looking for assistance with the ALTCS program. The Arizona Code of Judicial Administration § 7-208 (A) defines a legal document preparer as “an individual or business entity certified to prepare or provide legal documents, without the supervision of an attorney, for an entity or a member of

Reverse Mortgages & ALTCS

What is a Reverse Mortgage? A reverse mortgage is a special type of mortgage which allows a homeowner (aged 62 or over) to borrow against the value of their home. Loan proceeds are received according to the payment plan selected. This can vary significantly from policy to policy. Unlike traditional mortgages or home equity loans, no repayment of the reverse mortgage is required until the owner no longer occupies the home as a principal residence. At the time, the loan, including interests and all costs is due and payable, usually by the sale of the home. Reverse Mortgage impact on

Screening Your ALTCS Patients Before Applying

Has your client been DENIED ALTCS? Currently over 73% of all ALTCS applications are denied. Many of these denials mean serious revenue lost to families and facilities. Are you doing enough to help your clients properly prepare for their ALTCS application? The Elder Care Advisors at JacksonWhite talk a lot about proper “prescreening.” Making a point to prescreen ALL ALTCS applications prior to submitting them to ALTCS would help uncover a lot of issues that can be resolved prior to application- saving you a lot of time, energy and money. We have found that many of the prescreens we do,

Avoid Medicaid Fraud in Arizona

As responsible stewards of the ALTCS dollars, it is all of our responsibility to make sure that the program dollars are being utilized correctly. It is also important that we are advocates, and give correct information and access to services to our clients utilizing the ALTCS program. Understanding and watching for Medicaid Fraud is an important part of our responsibility. The False Claim Act is a federal statute which prohibits the defrauding of federally funded programs. Under the False Claim Act severe civil penalties are given to anybody who commits Medicaid fraud. Any person who makes a false claim to

New 2012 ALTCS Numbers

The ALTCS financial requirements are quite complex and it is not uncommon for applicants to struggle with this portion of the eligibility process. Many applicants reach out to professionals, like the JacksonWhite Elder Law Department to help them arrange their financial affairs. Every 6 months the ALTCS financial requirements are evaluated. Effective January 1, 2012, there have been a few changes to note. ALTCS Financial Requirements*: Monthly Income Limit for an Individual $2,094 Resource Limit for an Individual $2,000 Maximum Community Spouse Resource Allowance $113,640 Minimum Community Spouse Resource Allowance $22,728 Maximum Monthly Maintenance Needs Allowance $2,841 Minimum Monthly Maintenance

Coordinating ALTCS and VA Income

When applying for ALTCS, the state mandates that an applicant must apply for any benefit they may be entitled to, in order to ensure that ALTCS is always payor of last resort. This means veterans or widowed spouses of veterans, are told they must also apply for VA benefits when they go through the ALTCS application process. Oftentimes, three to four months after eligibility for ALTCS occurs, recipients start receiving new income from newly acquired VA Wartime Pension and/or Aid & Attendance. If an ALTCS recipient is awarded Wartime Pension, plus Aid & Attendance, and as a result is over

What To Do When A Loved One Dies: Checklist

Make funeral arrangements Did your loved one already make arrangements or leave instructions?  An experienced funeral director can be very helpful and offer a variety of helpful services, including obtaining death certificates (usually between 5 and 10 are needed). Notify people of the death Family & Friends  Note: Failure to notify even a distant or estranged family member can engender deep feelings of mistrust and resentment. Employer, Social Security, VA, Pension, etc. Insurance, Banks, Brokerages, IRAs, etc. Gather important documents Bank statements Bills Car titles Deeds to real property Estate plan (will, trust, etc.) Life insurance policies and Annuities Safe

Medicare vs. Medicaid

It is not uncommon for people to confuse Medicare with Medicaid.  As a reminder, Medicare is an entitlement program that is available to everybody age 65 and older.  There are four parts to Medicare:  Part A, which covers hospital visits; Part B, which covers doctor’s visits; Part C, which is a managed care plan; and Part D, which covers prescription drugs.  You may be asking yourself which part of Medicare covers long-term health care, and the answer to this question is that it really doesn’t. Medicare only covers the first 100 days of care in a long-term medical facility, although

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