By Peter C. Sisson, Certified Elder Law Attorney*
*Board Certified by National Elder Law Foundation

Preparing for the possible costs of future impairment and long-term care is, regrettably, a task that people face as they age. A loss in a person’s ability to function is a natural part of the aging process, and those losses become more severe as people get older, especially if they have some kind of chronic illness or disease. Seniors facing or already receiving long-term care need to learn about their options and start planning.

By Peter C. Sisson, Certified Elder Law Attorney*
*Board Certified by National Elder Law Foundation

In last month’s article I spoke about caregiver contracts. Caregiving for an elderly loved one can be very rewarding, even when it is hard work and causes stress. No one is fully prepared for all of the challenges of caregiving. The task and responsibilities involved can be demanding. Caregiving presents physical and mental and, usually, financial challenges to the caregiver. Caregiving often involves sacrifices, restrictions, and competing responsibilities.

By Peter C. Sisson, Certified Elder Law Attorney*
*Board Certified by National Elder Law Foundation

I recently wrote a series of four articles (published by Seniors News in this space) on the Deficit Reduction Act of 2005 (“The DRA”), a major change in federal law that affects the Medicaid program. As you may recall, Medicaid is a federal public benefits program that is administered by the states. Medicaid provides health care coverage and long-term care assistance for those meeting its medical and financial eligible tests. The program pays for assistance for seniors, those with disabilities and others who cannot afford to pay for the high cost of their health and long-term care costs. Medicaid will pay for long-term care assistance provided in the home, or provided in the residential care setting (assisted living facilities and skilled nursing facilities). Simply put, Medicaid is a crucial benefit program for many Idaho seniors.

By Peter C. Sisson, Certified Elder Law Attorney*
*Board Certified by National Elder Law Foundation

In a previous article I discussed the undue hardship exception to the transfer penalty rule. Another change in federal law that occurred this year applies to:

Promissory Notes, Loans, and Mortgages
The family home is typically the most valuable resource a couple owns. Part of the American dream involves home ownership and passing that asset down to future generations. Families facing costs associated with a family member who needs care for a chronic illness or condition are being pressured now, more than ever before, with the potential loss of keeping their home in the family.

By Peter C. Sisson, Certified Elder Law Attorney*
*Board Certified by National Elder Law Foundation

For most Medicare recipients (those in the Original Medicare Plan) November 15 to December 31 is the time to re-examine their Medicare Prescription Drug Benefit coverage (Part D) for 2007. If you are satisfied with the plan you are enrolled in, you don’t have to do anything. However, we advise you to be a wise consumer and see how your plan stacks up against new offerings on the 2007 market. The Center for Medicare and Medicare reports that last years robust competition has caused part D providers to furnish more options with enhanced coverage.

By Peter C. Sisson, Certified Elder Law Attorney*
*Board Certified by National Elder Law Foundation

In a previous article I discussed the change in the start date of penalty periods imposed when a Medicaid applicant or the applicant’s spouse makes gifts of assets during a look back period. This article addresses: Hardship Exceptions. As explained in last month’s article, the new law imposes penalty periods, or periods of Medicaid ineligibility, at the worst possible time for persons who have made gifts during a look back period. The penalty is applied after the individual applies for Medicaid and would be approved, were it not for the penalty. The example we used was as the following.

By Peter C. Sisson, Certified Elder Law Attorney*
*Board Certified by National Elder Law Foundation

In a previous article I discussed the increase in the look back period mandated by federal law. This article addresses a change affecting:

The start date of the penalty period. Gifts of assets can incur what is a called a penalty period. That is a period of time that the person making the gift (or her spouse) is ineligible for Medicaid benefits. The government made a huge change in the imposition and start date of the penalty period in February of 2006.

By Peter C. Sisson, Certified Elder Law Attorney*
*Board Certified by National Elder Law Foundation

In a previous article I briefly discussed the major changes that Congress made to federal Medicaid laws in February of this year. Those changes are so important, and have caused so much confusion and discussion among professionals dealing in this area, that I felt it was worthwhile to devote more effort explaining what those changes are and how they affect Idaho seniors. I have recently given a number of presentations to health care professionals on this topic, but the public needs this information just as much, if not more. Anyone who needs long-term care Medicaid benefits to help pay for in-home care, assisted living care or nursing facility care is well advised to become educated in this area. You can save substantial time, trouble and money by understanding how this system works. This issue will be one in a series of articles discussing in depth the new federal changes and how those changes are affecting eligibility for Idaho Medicaid and the seniors that need those benefits.

By Peter C. Sisson, Certified Elder Law Attorney*
*Board Certified by National Elder Law Foundation

When an individual dies owning property solely in his or her name, without a beneficiary designation, a formal procedure ("probate") is usually needed to determine to whom the property should pass. If there is a valid will, the property will pass according to its terms. If there is no will, the property will pass to the individual's heirs at law. The intestacy laws of Idaho will determine who the individual's heirs are and what they receive. The probate procedure, therefore, is a means of retitling a person’s assets (real and personal property) after they die.