Blog Layout

Options for Elder Law Adults and Their Living Arrangements

February 17, 2021

Navigating the Choices For Your Loved Ones

Managing the care needs of an aging parent can be a daunting task. When it becomes clear that an older adult can no longer care for themselves safely in their home, there are many options to consider such as the quality of their care, their safety, and the cost (including when and how Medicaid and/or Veterans benefits might become available). These considerations become confusing when faced with last minute decision making, marketing campaigns and promises of salespeople who are under pressure to fill rooms. Most people are even confused by the different options available and sometimes the wrong placement decision for a loved one can be disastrous.


When people begin looking for care for older adults, they become exposed to many labels. Words like “independent living,” “assisted living,” and “nursing homes” are tossed around, often interchangeably and imprecisely. In fact, while there are many “levels of care” available for older adults seeking housing options, understanding those levels is only part of what people need to understand in order to make good choices. To fully understand senior housing options, people need to recognize that this is an industry and, like most industries, the options they are being offered are shaped by the business models of the companies that own these facilities.


Care at Home. Keeping your loved one at home may mean bringing in caregivers to help with everything from housekeeping to medication and personal care. Home health care aides can assist with the activities of daily living, and home nurses can help with medical care and some personal care. It’s possible to get service 24 hours a day, but that is costly and many who choose to age in place only need support for part of the day.


Respite Care. Respite care is not a full-time care option, but provides a break for family caregivers. Respite care allows the individual to stay in a community that meets their needs for a short period of time while the primary caregiver gets a break. Many of these facilities feel like a vacation to the individual. Sometimes respite programs are used to provide a test for the assisted living facility, allowing the elderly individual to see how life in the facility would be before making the move permanently.


Residential Care Homes. These are private homes that allow residents to live together with live-in caretaker. Often the seniors will have their own room and possibly bathroom, while enjoying communal common areas. Nursing services and daily living help are provided, all while allowing the individual to stay in an environment that feels more like “home.”


Nursing Homes. Nursing homes are ideal for elderly individuals who are very frail or who need round-the-clock medical care. These facilities have skilled nursing services available around-the-clock, while also providing activities for residents. Rooms may be shared, and all meals are taken in a communal dining facility.


Assisted Living. This is the place for seniors who don’t need a high level of nursing care, but do need assistance with medication and daily living tasks. They can’t live on their own, but still need and want privacy and some freedom. Assisted living facilities have staff available in all hours and provide private apartments with some small kitchen areas, though meals are provided with care if they are wanted. Social activities and transportation services help seniors stay active and engaged. Those with Alzheimer’s will get care in a separate area designed specifically for their needs.


Cost of course is a huge worry and determining factor. That is where we can help. The Law Office of David E. Waterstradt, PLLC have been helping families navigate this confusing road and can assist in helping your loved ones keep as much as they can and assist in getting Medicaid and/or Veteran’s benefits in helping pay for whichever type of facility may be necessary for them.

 

Three Steps to Get You Started:


1. Obtaining a medical diagnosis of the elderly person will help determine the level of care necessary.

2. Getting an idea of the person’s financial situation, bank accounts, property owned, investment accounts.

3. Calling the Law Offices of David E. Waterstradt, PLLC (231) 773-1169

Nursing Home Planning Attorney in Muskegon, MI
Elder Lawyer in Coopersville, MI
February 26, 2025
If you're in Coopersville MI, an elder lawyer can help you protect your assets, navigate complex legal matters, and ensure your healthcare wishes are honored. Contact David Waterstradt today to schedule a consultation.
Elder Lawyer in Coopersville, MI
November 21, 2023
Elder law attorneys provide legal services for seniors. Discover the specific services you can get from a qualified elder law attorney.
Experienced Tax Planning Attorney near Muskegon, MI
February 17, 2021
Tax Planning The goal of year-end tax planning is usually to defer income into the next year and gain deductions in the current year. This may be reversed this year as it is anticipated that President Biden will raise taxes and, therefore, taxpayers may want to accelerate income into the current year and defer deductions to next year. However, many speculate that President Biden’s proposals for tax increases on high earners are unlikely to be addressed until at least 2022.
Special needs trust attorney near Muskegon, MI
January 10, 2019
On December 7, 2016, the U.S. Senate passed the Special Needs Trust Fairness Act. This Act makes it possible for a disabled adult who is mentally competent to establish his or her own special needs trust if they acquire assets that will put them over the asset limit for programs such as Medicaid or SSI. It corrects the false presumption in prior law that all disabled persons lack the mental capacity to handle their own legal and financial affairs.
Professional Trusts Attorney near Muskegon, MI
January 4, 2018
December 2017 Newsletter Article
Professional Estate Planning Attorney near Muskegon, MI
March 8, 2017
The IRS, State of Michigan and Veterans Administration have completed their annual adjustments to important thresholds in the estate planning and elder law world. Here is a quick reference guide to the current numbers.
Professional Trust Attorney near Muskegon, MI
December 9, 2016
On December 7, 2016, the U.S. Senate passed the Special Needs Trust Fairness Act. President Obama reportedly intends to sign it. This Act makes it possible for a disabled adult who is mentally competent to establish his or her own special needs trust if they acquire assets that will put them over the asset limit for programs such as Medicaid or SSI. It corrects the false presumption in prior law that all disabled persons lack the mental capacity to handle their own legal and financial affairs. Under prior law, only a parent, grandparent, court appointed guardian or a court itself could establish the type of special needs trust that allows a disabled individual to benefit from their assets for their supplemental needs while maintaining eligibility for Medicaid and SSI (also known as a (d)(4)(A) trust, after the enabling legislation).
Medicaid planning lawyer near Muskegon, MI
August 4, 2016
Did you know it’s not necessary to spend down assets on unnecessary items when trying to qualify a loved one for Medicaid for nursing home related expenses? Medicaid’s asset limit is $2,000 for an individual. Many people will go on a spending spree and purchase unnecessary items to use up assets above the $2,000 limit in an attempt to qualify for Medicaid. However, rather than spending money unnecessarily, it is possible to set aside half or more of a loved one assets over $2,000 for future needs if this is done within Medicaid gifting rules. Medicaid will impose a disqualification period if assets are transferred. Nonetheless, assets can still be transferred if sufficient assets are converted to income to make sure the nursing home gets paid during the disqualification period. A skilled elder law attorney can guide you through these rules.
Elder attorney near Muskegon, MI
June 8, 2016
The Michigan Supreme Court recently declined to review the decision of the Michigan Court of Appeals in Estate of Margaret Marie Roush v. Laurel’s of Carson City . Ms. Roush was a patient at the Laurel’s of Carson City, a skilled nursing facility. Ms. Roush had nominated a patient advocate, and on October 24, 2012, that nominated patient advocate agreed that Ms. Roush should remain in the facility care. However, a dispute arose as to whether two doctors had certified that Ms. Roush was unable to make her own decisions, a condition necessary for the patient advocate to have any decision making authority.
Elder Lawyer in Muskegon, MI
April 13, 2016
Who has the right to make decisions about your funeral under Michigan law? Surprisingly, it is not yourself. You can pre-plan your funeral, but the persons who have authority to make your funeral arrangements have no legal obligation to follow your plan. Michigan law currently defines the person with the right to make funeral decisions as your “next of kin.”
More Posts
Share by: