Insights & Guidance for Planning Ahead

Last time we talked about a division of assets between a well spouse and an ill spouse. It occurs so that the well spouse can keep some assets and determines how much the ill spouse needs to spend down to qualify for Medicaid. Now, let’s talk about what resources are countable. Some resources are countable and can be divided between the well spouse and the ill spouse. Some are not countable and do not have to be divided or counted. Even when we have a single person, some

Sometimes, the most important part of caring for an aging loved one is recognizing when the care they are receiving is no longer enough.

Last time we discussed some of the broad general rules about what resources you can keep and qualify for Medicaid. Those rules were for a single individual. The rules vary greatly when the applicant is married. Generally, when you are married there is a snapshot taken of a date that a person needs long-term care. That snapshot can go all the way back to a hospitalization. The snapshot is a freeze frame of the resources that you have on that snapshot date. Some of th

This is going to be a series on Medicaid, including what it is, what it is for, and how to qualify. This is a general overview and not intended to give you instructions on how to act. It is based on the rules in Kansas. Medicaid is a program that was created in 1965 under the Johnson administration. Its original intent was to provide health care/long-term care for people 65 and above who could not afford it. It is a program that is based on having limited resources. I

Recently, one of my sons and I traveled to Colorado, taking my dog Milo. I like to stop every couple of hours to allow Milo to get out of the car and run around. We stopped in a small community as there was a sign on the highway that said it had a city park. On arrival, the park had a significant number of very nice equipment that had been installed several years ago. At one time I belonged to our local Kiwanis Club. I knew how much effort we put into raising money t

One of the most common calls to our office is "How am I going to pay for my parent's nursing home care?" In our meeting, the real underlying issue is "What do I do when my parents need nursing home care?" I understand. Years ago, I was faced with a similar question for myself. My 86-year-old grandmother was being cared for by my mom, who was 67 at the time. We had a plan. My mom was going to take care of my grandmother until she passed away. Frankly, the thought of me takin

A particular Monday morning, my alarm went off at 4:45 a.m. Monday mornings I attend workout class at 5:30 that focuses on mobility and stretching. My wife and I had been out of town for the last several Mondays and we were leaving town the next day. I rationalized, “Why don’t you sleep in? After you get back in town, you can get back into a routine.” I tried to go back to sleep, but I began to feel guilty, actually starting to sweat with guilt. I rolled out of bed and into

(Clinkscales Elder Law Practice, P.A., is unique in Kansas. We are members of the Life Care Planning Law Firm Association—LCPLFA.org. We an elder care law firm that guides clients on their journey while dealing with chronic illness or aging issues. Our focus is not restricted to legal documents, but addresses financial, legal and health care concerns in concert with each other. I thought I would share with you an article I am sending to our families, with maybe shining li

My youngest son's birthday was just a few days ago. For me, his birthday was kind of a flashback to my introduction to fatherhood. Our first child was Josh. Bringing our first child into the world was a joy but I was totally intimidated. However, his birth was not without incident. My wife's labor was very long, and Josh was very big (almost 10 pounds). His collar bone was broken during the natural childbirth. Before we took him home, I was required to go to the hosp

May is Elder Law Month. It is also Older Americans Month. Both are worth celebrating. The focus of Elder Law Month is to bring awareness to the need to have planning done, including powers of attorneys, living wills, or a will or trust. Unfortunately, in Kansas, no one has the right to act for you unless you have that documented. Why is that important? If you don't have something in place, then the law is going to impose decisions on you if you lack capacity. As an elder