As an elder law attorney, I can tell you the difference is huge. A Lifetime Plan revolves around more complete legal planning for the future, taking into consideration all possible contingencies, including those related to your mental and emotional well being, physical health, future disabilities or life-threatening illnesses, as well as your financial security and asset protection.

Wills and life insurance are important, but they leave many “gray areas” unaddressed. A Lifetime Plan addresses these critical areas of concern:

1)    States your desires about the use of life-prolonging medical technology

2)    Designates your choice of a representative to give consent for medical care when you are unable.

3)    Designates your representative to have legal authority regarding financial matters

4)    Addresses financial security for you, your spouse, and other family members

5)    Provides for an orderly and efficient transition for your survivors upon your incapacitation or death.

If a disabling illness or accident happens, it is critical for those closest to you to be able to arrange for your care and have the resources to pay for this care without battling legal and financial red tape. You will want financial protection for both yourself and your spouse, especially if you both require care in your senior years.

Being prepared for all possibilities offers peace of mind. For you. For your spouse. And for your family members. I highly recommend it.

I am inspired by the strong family dedication I see before me, nearly every week. As an elder law attorney who works closely with many families with children with Down’s syndrome, Autism, spinal cord trauma, and other physical, emotional or physiological issues, I understand that these special needs keep many of these children dependent upon their parents well into their adult lives—and they require special legal planning for the time when the parents cannot continue as primary care givers

That’s why it is vital that knowledgeable planning is undertaken to maximize the money available for special-needs beneficiaries after their parents’ become too frail to care directly for them, or pre-decease them.

There are several types of special-needs trusts which can be set up to allow for qualification for Medicaid and other benefits, while still providing for needed costs for quality of life. Elder law attorneys understand how Medicaid, Medicare, Veterans’ Benefits and Social Security work with and in support of trusts, wills, and other benefit plans. Vehicles such as life insurance and IRA transfers may also factor into planning for the future, so all future health, medical, education, housing and tax scenarios are taken into consideration for your special needs child.

Planning for tomorrow and way down the road are so important. The sooner you get started, the better for all involved.

In part 1 of this series, I discussed what happens when you let the state “write your will for you.” There is another concern, however.   Many types of assets may by-pass the statements in the will at death.

There are many ways to leave money or property at your death:  to the joint owner of a bank account, to the beneficiary of an IRA, annuity or life insurance policy, or to the beneficiary(ies) of a living trust, just to name a few.  It is very important to assure that each of these legal arrangements is coordinated with the statements in your will.

For instance, consider “Norma,” a widow, who wants a will to say that all that she leaves should be divided among her three children, equally.  Her son thought that he would save her some money by using an online program to create her will.  However, Norma had put her local daughter “on her bank accounts,” in case she needs the daughter to do her banking for her when she is ill.

What Norma and her son did not realize was that the bank clerk set up the accounts with her daughter as “joint tenants with rights of survivorship.”   The result:  when Norma died, the money in her bank accounts went to her daughter.  Her will divided everything else equally.

I have counseled many clients who did not know the effect of the statement in the will on these other arrangements.  Others believe that “the children will work it out.”  This can be a recipe for disastrous family discord, even litigation.

The experienced lawyer knows that writing a will can never be done without clear knowledge of the types of assets the client has and whether there are beneficiary designations or joint ownership arrangements that will “trump the will.”

Our goal is assure that the client’s goals are achieved.  Writing the will is an important part of that job.  But the client interview, determining the client’s goals and knowing how to best accomplish those goals with the client’s particular assets is just as important.

Answer: Suprisingly often. As an Indiana attorney specializing in Elder Law, it continually amazes me how many times new clients wait until a life-threatening illness or death of a spouse occurs before a will is addressed. Sometimes, as in the case of an accident, the consequences for the spouse and family are tremendously complicated and may take a long time to unravel.

So what happens if you die without a will? It is often said, “If you fail to write a will, the State writes one for you.”  Indiana’s “intestate succession” law sends your estate through the probate process which divides your assets between your spouse and your children, if you are survived by both.  The division created by state law is seldom what people want for their particular family.

What if you have a will from another state, but now reside in Indiana? Valid wills created in other states are valid in Indiana.  However, often the move to another state will result in the provisions of the prior will being out-of-date or cumbersome to administer in the new location.

The bottom line? Don’t wait. Sit down with an attorney soon and settle this important piece of business. You’ll rest a little easier knowing your “affairs are in order” and you have your wishes in writing.

I learned this theory way back in law school. But as a practicing elder law attorney for three decades, I believe in these principles wholeheartedly. By putting these levels of communication into practice every day – whether I’m meeting with a client for the first time, or litigating for him in court, I am doing the very best I can to serve my clients.

Here’s what I mean:

Ethos (credibility) is all about respect and character. I respect my clients and their life paths. It’s my job to be ethical and credible while bringing an understanding of Indiana law to my clients to help them smooth their paths in as many ways as possible.

Pathos (emotion) is about approach. When I meet with a client, I do more listening and question asking than speaking. I need to understand what is important to my client – and what his experience has been. I need to “walk a mile in his/her shoes,” to know how best to serve.

Logos (logic) is the appeal of logic and the use of reasoning. This is vital to law. But it is also vital to communication. As an attorney, I need to be an effective persuader in the courtroom to win a case. But I also need to be able to lay out a logical, rational approach to every legal document I prepare.

Ethos, pathos, logos. I guess you could say it’s my honor code. A code I consider to be an important ideal, and one I try to live each by each day.        -Scott Severns, CELA

Thankfully, most forms of elder abuse are crimes under Indiana law. If you are aware of elder abuse, the law requires that you report it to the police. Unfortunately, abuse is a severely under-reported crime that demands attention to protect those that may not be in a position to protect themselves. To learn more about the problem and solutions in Indiana, link here.

Victims of elder abuse generally know their abusers. Unfortunately, legal records show that those who commit the crime of elder abuse are frequently related to — or responsible for — those they harm.

There are many kinds of elder abuse including physical, battery, sexual abuse, neglect, and maltreatment such as deliberate exposure to severe weather, inappropriate use of medication and unnecessary physical restraint.

Financial abuse can include exploitation, misuse of property via fraud, duress, or force – such as making someone sell personal property, stealing money, pension checks, or possessions. The wrongful use of Power of Attorney can also be elder abuse.

Elder abuse can also encompass mental and psychological cruelty including humiliation, neglect (inadequate food, clothing, shelter, medication, or even companionship), threats (such as threatening to put an older person in a nursing home), or taking decision-making power away when the elderly person is still competent.

Indiana elder law attorneys are in a good place to provide legal help for victims of elder abuse. We understand the needs of seniors and are familiar with federal and state laws relating to this issue. We can help protect a vulnerable elder through guardianships, trusts, and assist to arrange appropriate services to limit the opportunities for abuse to continue.

Here’s what you need to know:

• Is every veteran eligible? 
 No.  The Veterans Aid & Attendance pension is only available to veterans with wartime service, including World War II (12/7/41 – 12/31/46), Korean Conflict (6/27/50 – 1/31/55), Vietnam Era (8/5/64 – 5/7/75 and 2/28/61 if “in-country” before 8/5/64), and Persian Gulf (8/2/90 – date to be set by law). Veterans must have served in a branch of the military, and been given an honorable discharge from service.
• What is the financial need test? 
 Yes.  There is an asset test and an income test.  If the veteran or spouse has too many of the wrong kind of assets at the time of eligibility, the application will be denied.  This is where expert help is needed to legally protect assets that will not disqualify the applicant.
• Are surviving spouses eligible? 
 Yes.  There are generally three categories for claim applicants: A) Veteran and Spouse; B) Veteran with no dependents; and C) Surviving Spouse of eligible wartime veteran. Each of these claim categories provides a different dollar amount as a maximum benefit. Should the spouse require care, she and her husband should think about submitting an application for benefits. A divorced spouse is no longer eligible for VA benefits. A copy of the marriage certificate is required as a component of the application.
• Are there age limits on the pension? 
 An applicant must be either over age 65 or disabled. 
• If you already receive VA medical benefits, can you also qualify for Aid & Attendance? Yes. Receiving VA health benefits in no way precludes eligibility for Aid & Attendance.

The bottom line in planning for your health and care future is knowing your benefit rights. Knowing these important details as you begin to plan is hugely important.

In my decades of work as an elder law attorney, I’ve noticed many veterans are surprised by this resource. That’s because this benefit is much misunderstood.  Here’s what you need to know about qualifying, or click here for more info:

• The Veterans Administration offers a little-known source of money to assist paying long term care costs entitled Aid & Attendance. A&A is a tax-free, monthly pension for qualifying veterans/spouses with certain recurring medical expenses, including in-home care services and assisted living.
• 33% of our senior population includes 35+ million Americans over age 65, approximately 11.5 million of whom are veterans who served during war – or have surviving spouses.
• An honorably-discharged veteran who served on active duty during a period of war, or his surviving spouse, may be eligible for Aid and Attendance.  A medical condition that requires regular assistance with Activities of Daily Living, and financial need are also required.

It’s important that you know enough to claim benefits you or your parents may qualify for. That’s where seasoned elder care attorneys can help with guidance and information. Many senior veterans can qualify for up to $1,940/month in additional funds from the Department of Veterans Affairs. That said, there are many misunderstandings of this veterans pension.

Part 2 of this blog, which follows, will go into those particulars.

It helps to talk frankly about the costs associated with caring for yourself, your life-partner or your parents. You need to know what to expect to set aside for this, what Medicaid will cover, and what your options are. I can’t tell you how important planning is. Decisions made during a crisis, when the family has little time to decide on the kind of care needed after discharge from a hospital, for instance, means that some options may not be available to you when you need them.

As an elder law attorney, I can tell you that this type of thing happens way too frequently. It is very upsetting to be the spouse having to make major healthcare decisions right after medical emergency. In times of crisis, it’s hard to think clearly, let alone to make complicated life-changing decisions that require financial understanding and legal savvy. Help prepare your spouse – and your children — for these decisions, well in advance.

Let your our family know what type of home health care or nursing home care you prefer, and know what that will cost. Prepare for this in advance with an attorney experienced in writing living wills, wills, and instruments that protect assets under public benefits programs like Medicaid and Veterans’ programs.  Understand what financial instruments you have at your disposal, and what choices you can make ahead of time. Not knowing is worse than a hindrance. It’s a disaster in the making.

If you haven’t already done so, begin a health care file. Include information about Medicaid or Medicare coverage, drug coverage, long-term care and life insurance. Discuss things like living wills and end of life care arrangements. Be sure you know your partner’s wishes, then get it in writing and consult an attorney.

Talk about your thoughts about the future with your family and your attorney slowly and carefully – even if initially, it feels uncomfortable. I promise you, these conversations will pay off for you in the future, many times over!

But in Indiana, those choices are not as wide ranging as you might want. An AARP Public Policy Institute report issued in September 2011 found that our state ranks a dismal 47^th out of 50 for long-term services and supports for older adults and the disabled. The report ranked states on 4 criteria:   (1) affordability and access; (2) choice of setting and provider; (3) quality of life and quality of care; and (4) support for family caregivers. It is designed to help states improve the performance of their LTSS systems.

In 2012 the Indiana General Assembly will consider a bill to help people better understand all the options available to them for long-term care. The proposed legislation will require hospitals to provide lists and contact info for long-term care choices including alternatives to nursing homes. In this way, when patients are discharged, caretakers will better understand their options. This is important because the costs associated with nursing homes and in-home health care is dramatically different. An AARP analysis posted the average annual cost of care in an Indiana nursing home is $75,600, whereas 30 hours of home health care per week costs about $29,640 per year. That’s a huge difference!

An AARP Indiana survey found that 83% say they prefer to age at home rather than in an institution. For years, AARP, and local groups have advocated shifting Medicaid long-term care funds away from nursing homes and into home-and community-based services, for this very reason – as well as for the cost savings.

Making decisions about long-term and end-of-life care may be among the hardest choices you will ever make. Having all the options at hand, and understood with the help of this bill and an elder care attorney, will help make those decisions a little easier.