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Monday, January 11, 2016

Eileen Walsh published by American Bar Association

Eileen Walsh authored the article "HOW TO FUND LONG TERM CARE WITHOUT MEDICAID" in the December, 2015 publication of the American Bar Association Solo, Small Firm and General Practice Division.  This is the first time that this national publication has devoted the entire contents of its publication to the area of elder law.  Eileen Walsh is the only Kentucky attorney and author represented in  this elder law publication.     


Friday, January 8, 2016

Veteran's Aid and Attendance Benefit

The VA Aid and Attendance eligibility rules are expected to change in 2016 and possibly even in the next 30 days.  We urge you to act now and get informed on this important earned benefit.  Don't wait.   If you or a loved one are a veteran or a surviving spouse of a veteran you need to know about this benefit, which can be used to pay for much needed care needs.  

Elder Law of Louisville is part of a national group tracking the day to day developments of proposed VA changes.  Our attorneys can provide information in an individual consultation or we can speak to your group or organization.     


Monday, January 4, 2016

Elder Law in Ireland

Eileen Walsh was part of a 12 person delegation of U.S. elder law attorneys who traveled to Ireland in November, 2015.  The U.S. delegation met with Irish attorneys and judges as well as Irish aging experts.  The issues of quality of life and care for  older persons are concerns worldwide.  These issues are not unique to the United States and invaluable knowledge and insight was gained by Eileen through interacting with her Irish counterparts.   She would love to share her experience.  Please contact our office to schedule a date for Eileen to come speak to your group about elder law and Ireland.  And be sure and wear some green! 


Monday, March 16, 2015

Response #1 to Proposed Changes to Aid & Attendance Benefit

We here at Elder Law of Louisville are not in favor of the VA's proposed changes to the Aid & Attendance Benefit.  We have several reasons why and are working to spread the word as to why these changes just don't make sense.  Here is issue #1:

A government agency cannot unilaterally change the law when Congress reviewed this issue each year for the past 2 years and did not pass these changes into law.  The VA does not have authority to implement regulations that are stricter than the statutes in place.  For example, the net worth rules require the VA to consider age, marital relationship, income, medical expenses and assets when determining whether or not a veteran has excessive net worth.  This means Congress intended a sliding scale of net worth eligibility, with younger disabled veterans being allowed to retain more in assets than older since younger disabled veterans will need more money to pay for care over their life expectancy.  The VA's proposed rule of a flat $119,220 asset limit does not take anything into consideration.


Wednesday, November 12, 2014

Veterans Day 2014

We had a great time at the Louisville Veterans Day Parade!  My Marine Corp veteran father began his celebration the day before, as the USMC's 239th birthday was November 10th!  We at Elder Law of Louisville are privileged to work with our veterans and their families.  Thank you for entrusting us with your estate and veteran pension planning needs.           


Monday, November 3, 2014

Remember Our Veterans November 11th

At Elder Law of Louisville we are honored to work with many veterans and their families.  Our own fathers served in the United States Marine Corp and the United States Air Force.  Please remember to thank all of our military personnel who served and continue to serve our country.  We plan to attend the Veterans Day Parade in downtown Louisville, Kentucky at 11:00 a.m. on November 11th.  Please join us!   

Wednesday, September 10, 2014

Alzheimer's Awareness Month

September is World Alzheimer's Awareness Month.  Here in Louisville, KY our compassionate city supported another big turn out for the "Walk to End Alzheimer's" on September 6, 2014.  Thanks to all who walked and/or supported the cause financially!  There are additional Walks still to take place around Kentucky.  Please support your local comunity efforts to help end Alzheimer's!   

Friday, May 23, 2014

The Voice Tribue's Special Section, "Golden Years"

The Voice Tribune included a special section in their latest edition, "Golden Years."  The section is dedicated to information important to senior citizens.  Elder Law of Louisville was honored to be approached by The Voice Tribune for inclusion in this special project. 


Thursday, March 27, 2014

Sign Up Now for Elder Law CLE, "Going to Bat for Your Elderly & Special Needs Clients"

The Elder Law Section of the KBA presents, "Going to Bat for Your Elderly & Special Needs Clients".  This full-day seminar will be held at the Louisville Slugger Field in Louisville, KY on Friday, April 11, 2014.  Registration begins at 8:00 a.m. and Program Sessions begin at 8:30 a.m.  The seminar will end at 4:30 p.m.  Lunch is on your own.  With your registration comes 1 ticket to the Louisville Bats baseball game later that night.  Additional tickets for the baseball game may be purchased.

Some of the issues covered in this seminar include basic Medicaid eligibility rules, basic VA eligibility rules, retirement planning, special needs trusts, Medicaid and VA asset protection planning strategies, using annuities and promissory notes in planning, and a panel discussion on outright gifting versus gifting to trusts.  A link to the seminar brochure, including the full agenda and topic break-down is here: http://www.kybar.org/documents/inside_kba/sections/elder/sec24_041114.pdf

This seminar has been approved for 6.25 CLE hours.  We hope you will attend!


Wednesday, April 24, 2013

PBS Article: Americans Seriously Unprepared for Long-Term Care, Study Finds

Another article, this time published by PBS, detailing how unprepared we are for preparing for, financing, and dealing with long-term care...

Link to the article:

http://www.pbs.org/newshour/rundown/2013/04/as-boomers-age-most-woefully-unprepared-for-long-term-care.html

Text of the article:

 

Americans Seriously Unprepared for Long-Term Care, Survey Finds

By: Jason Kane

It's a classic case of denial. Roughly half of Americans above the age of 40 believe "almost everyone" is likely to require long-term care as they age. Just a quarter think they will need it for themselves.

The truth: 70 percent of Americans older than age 65 will need some form of long-term care.

That gap means most Americans are doing very little to plan and save for the assistance they'll desperately need in old age, according to a new poll from the The Associated Press-NORC Center for Public Affairs Research.

"It's rather surprising," said Jennifer Agiesta, director of polling for the Associated Press. "Very few people have arranged to pay for or even to think about their own needs. Most haven't even taken the basic step of talking to family members about their preferences."

The problem will only become worse as America grays, with the number of seniors expected to nearly double by the time the last of the baby boomers turn 65. In 2030, seniors are expected to make up 19 percent of the U.S. population -- up from 12 percent in 2000.

After interviewing 1,019 Americans aged 40 or older in the nationally representative survey, the pollsters highlighted several startling conclusions:

  • 52 percent said they had "a great deal or quite a bit of concern" about losing their independence and having to rely on others as they age.

  • 44 percent said they were moderately worried about being able to pay for the care they might need.

  • 35 percent had actually set aside money to pay for their long-term needs.

Click on the graphic below to see how concerned the survey participants were about various aging issues:

Why such rampant lack of planning? For one thing, Agiesta said, "people tend to guess wrong when they think about how much long-term care will cost them." They underestimate the costs of nursing home care, overestimate the cost of assisted living and "are all over the place when you ask them what the costs are for a home health care aid," she said.

To an equal extent, they believe Medicare has their backs. Close to half -- 44 percent -- expect Medicare to pay for ongoing care at home by a licensed home health care aide, and 37 percent believe it pays for ongoing care in a nursing home.

But it doesn't. As the AP-NORC report points out, Medicare only pays for "medically necessary care in a skilled nursing facility." In rare cases when home health care is approved, it's provided "under very limited circumstances and for brief stretches of time."

Meanwhile, 54 percent of the survey participants said they don't anticipate needing Medicaid, the largest payer for long-term care -- even though many of them lack confidence in their ability to pay for those same services as they age.

How much do Americans think their long-term care will cost? Click the graphic below to expand:

But the bigger issue may be that most Americans simply don't want to think about aging.

Nearly a third of those polled said they "would rather not think about getting older at all." When pressed, 52 percent said they had a "great deal" or "quite a bit" of concern about losing their independence and having to rely on others as they age. And 42 percent said they worried about having to leave their own home and move into a nursing home.

The survey found that "significant majorities" prioritize almost anything that will give them more independence. That includes purchasing homes with no stairs and living close to family members, health care services and stores. Nearly seven in 10 were confident they'll be able to rely on family members "a great deal" or "quite a bit" in a time of need.

What specific steps are Americans taking for long-term care? Click the graphic below to expand:

Even though most older Americans "aren't doing much" to prepare for their own long-term care, the vast majority are supportive of a program that would help them do so, Agiesta said.

Roughly three-quarters of those 50 and older -- a full 77 percent -- support tax breaks to encourage saving for ongoing living assistance, similar to a 401(k). Half favor a government-administered long-term care insurance program, like Medicare. And about a third support a requirement that individuals purchase long-term care insurance.

Click the graphic below to see public support levels for three proposed long-term care options:

Policy options aside, Agiesta said one of the biggest obstacles will be counter-acting the widespread belief among so many Americans that "other people are going to require much more care" than they will themselves.

"As they approach this age and this stage of life, people should be thinking more critically about what they're going to need," she said. "Because it's probably not that different than what everybody else is going to need."

The SCAN Foundation, which funded the AP-NORC survey, is an underwriter of the PBS NewsHour. Top photo by John Moore/Getty Images. All graphics were produced by The Associated Press-NORC Center for Public Affairs Research.

 


Thursday, February 28, 2013

How to Pay for Nursing Home

US News has also provided an interesting, albeit it very general, article about financing a nursing home.  The article is interesting in that it hits home how likely it is that everyone will experience some financial hardship due to the cost of long term care, and just how much that hardship could be.

How does the article suggest to find an attorney to help you through the maze?  Contact your local bar association (the KY Bar Association) and find out who is speaking and presenting on these topics.

http://health.usnews.com/health-news/best-nursing-homes/articles/2013/02/26/how-to-pay-for-nursing-home-costs?page=2


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The attorneys of Elder Law of Louisville (formerly Walsh & Wilson, PLLC) assist clients in Louisville, Kentucky and surrounding counties of Jefferson, Oldham, Shelby, Spencer, and Bullitt. Our Office also serves Southern Indiana and the towns of New Albany, Jeffersonville, and Clarksville.



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