Medical Assistance Can Be Confusing

As we noted last year, What You Need To Know Right Now About Medicaid And Medical Assistance, Medical Assistance is a need-based program. Every state has its own Medicaid program. Minnesota calls its Medicaid program Medical Assistance. Medical Assistance provides health care coverage for financially eligible Minnesota residents who meet one or more criteria.

These criteria are evolving to better keep up with our times. This article updates those criteria so that you can better serve your family and loved ones.

The current income limit for a one-person household is 100% of the Federal Poverty Guidelines (FPG,) which is currently $908 per month. People with income over 100% of the FPG may yet be eligible by spending down to 75% of the FPG, which is currently $681 per month. The income limit for a household of two is currently $1,227 per month. Households of two with income over 100% of the Federal Poverty Guidelines may still be eligible by spending down to 75% of the FPG, which is currently $920.

A resident of a long term care facility must:

• Pay all of his/her income to the nursing home
• Less allowable deductions
• Including a $89 personal needs allowance ($90 for certain veterans and spouses of veterans,) and
• An allowance for payment of medical insurance premiums

A community spouse is entitled to a spousal allocation to bring his or her income to $1,040 a month, or up to $2,739 if shelter costs are greater than $552 per month. Medical Assistance pays the rest of the long term care costs.

Medicaid And Medical Assistance Can Be Confusing

We are here to make the confusing understandable. WL Brown Law is available to answer your questions and to help you make sound decisions regarding elder law.

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Answer Your Medical Assistance Question: 612-309-9184

What You Need To Know Right Now About Medical Assistance — 2012 Update is a post from: WL Brown Law Office | Elder Law Attorney

Health Care Directive Empower Health Care Decision Making

Who would make health care decisions for you if you were unable?

Health related decisions are more and more in the news. Would you like to have input into your own health care? A Health Care Directive allows you to direct another person to make the decisions you want.

Health care decision making tools in Minnesota

The Health Care Directive allows you to designate a person or persons to carry forth your own health care wishes. These people are called health care agents. Some of the powers of a health care agent are to:

• Make health care decisions for you when your doctor believes you lack the decision-making capacity to make them
• Give consent or not to any treatment, service or medical procedure
• Withhold or stop health care necessary to keep you alive
• Receive, review and obtain copies of your medical records
• Act consistently with your wishes

The Health Care Directive empowers you

Some of your wishes included in the Health Care Directive are:

1. The choice to be kept alive through artificial means or to pass naturally
2. Whether or not you would like to donate organs, etc.
3. Whether or not you would like cremation or a traditional burial

Health Care Directives must be well organized

There are a few requirements for a Health Care Directive to be valid. The Health Care Directive must:

1. Be in writing
2. Be dated
3. State your name
4. Be signed by you when you have the capacity to do so
5. Have your signature verified by a notary public or two witnesses
6. Include health care instructions or a health care agent or both

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Answer Your Health Care Directive Question: 612-309-9184

Give Me Health Care Directive & I’ll Make Health Care Decisions For Myself is a post from: WL Brown Law Office | Elder Law Attorney

Pearl Harbor Veterans Deserve Benefits

William Brown is accredited to prepare, present and prosecute claims for veteran’s benefits

On January 14, 2011, William Brown received his accreditation from the U.S. Department of Veterans Affairs, Office of General Counsel in Washington, D.C. He has the ability to prepare, present and prosecute claims for veteran’s benefits before the Department of Veteran’s Affairs.

William Brown can help you receive Aid and Attendance pension

William also works with Minnesota financial planners and counselors to enroll veterans and/or their spouses in the Aid and Attendance pension program. The American Association for Wartime Veterans (AAWV) provides essential information on the program. If you are a veteran with one dependent you could be eligible to receive $23,388 annually.

Pearl Harbor Veterans Benefit Aid And Attendance

William Brown preserves assets while applying for the pension

Most of the people WL Brown Law Office helps are World War II veterans, who preserve their assets while applying for the pension. To get a better understanding of the war, William and his wife visited Pearl Harbor in Oahu, Hawaii in January 2012. He visited the U.S.S. Bowfin — a Balao-class submarine commissioned on May 1, 1943 and used in the Pacific.

Our veterans defended our country & we defend your pension

William and his wife also visited the U.S.S. Arizona Memorial. The memorial is a floating monument to the men that lost their lives on December 7, 1941. He also toured the battleship, U.S.S. Missouri which was commissioned in 1944 and last saw action in Operation Desert Storm. William and his wife stood on the spot where the Empire of Japan surrendered to the allies on September 2, 1945.

William Brown Defends Veterans Benefits

William Brown wants to answer your Veterans Benefit questions

The pension may be available to the men, women and spouses of Pearl Harbor, WWII and subsequent United States wars. Please contact WL Brown Law Office to help you understand this veteran benefit pension.

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Answer Your Veterans Benefit Question: 612-309-9184

Respecting Our Veterans Benefits All

USS Arizona Veterans Memorial Benefits Us

Veterans Benefit Aid And Attendance Pension

WWII Veterans Defended Our Country

William Brown Aid And Attendance Pension

How To Augment Veterans Benefits With Aid & Attendance Pension is a post from: WL Brown Law Office | Elder Law Attorney

Any person 18 years or older who is a:

• Resident or inpatient of a licensed facility.
• Recipient of care from a licensed adult day care or services program.
• Recipient of services from a licensed home care provider.
• Recipient of personal care assistant services under the Medical Assistance program.
• Any person 18 years of age or older who, regardless of residence or whether any type of service is received, possesses a physical, mental, or emotional impairment which limits that person’s ability to provide adequately for his or her own care without help.

AND, who has an impaired ability to protect himself or herself from harm.

Those who cannot take care of themselves are at risk. Unfortunately, our opportunitistic world includes those who will prey on them. The Vulnerable Adult Justice Project is our effort to protect those who can’t provide adequate care for themselves. Join us, won’t you?

How can you help? Please, read our pamphlet, WL Brown Law Office Is A Key Player In The Vulnerable Adult Justice Project, to learn more. Call WL Brown Law Office with your questions. We are in business to help you make the right decisions.

What Is The Vulnerable Adult Justice Project And Who Benefits From It? is a post from: WL Brown Law Office | Elder Law Attorney

William L. Brown Is Happy To Speak With Your Group

William Brown is active in our community providing the information you need to know in planning for the future. Late summer 2010, he lectured on estate planning concepts through Marketing B.O.N.U.S. Understanding Medical Assistance planning as it relates to estate planning is a vital tool in the state of Minnesota.

William L. Brown Spoke With Marketing B.O.N.U.S. Summer 2010

This talk was attended by two Vikings players, including Fred Evans. Also in attendance was a financial planner and several hospital representatives. Marketing B.O.N.U.S. was a great way for attendees to get business marketing support and the resources to effectively run a business.

William L. Brown Speaks On Estate Planning Tips

Contact William Brown to discuss opportunities for him to come and speak with your organization. What do you want to learn about successfully planning for your retirement? What do you need to know about retirement years for your elderly family and friends?

William L. Brown Speaks On Medical Assistance Issues

William Brown Educates Our Community On Successful Estate Planning And Retirement is a post from: WL Brown Law Office | Elder Law Attorney

Protection Of Vulnerable Adults Can Be Complicated

As our elderly population grows and grows, we are beginning to face many problems we didn’t always recognize. From funding Social Security and Medicare on the national level to finding facilities capable of caring for all of our venerable seniors on the local level, the magnitude of the problems deserve our careful attention. As we ourselves age and plan for those happy days of retirement, we deserve to know that our future is secure. Today’s seniors deserve security and respect, although that isn’t always what they experience. Safeguarding vulnerable adults and their rights is a growing task.

Crimes Against Vulnerable Adults Cannot Be Tolerated

Among the more reprehensible of elderly problems is elder abuse. As much as we might like to believe otherwise, as we grow older we all become vulnerable adults. Believe it or not, there are those out there who are looking to take advantage of others. Vulnerable adults are easy targets. Whether it’s theft of money and property, psychological harassment or overwhelming stress response on the part of a family caregiver, elder abuse is pernicious and must be prosecuted.

Vulnerable Adults You Know Can Be Victims

Who are the victims of elder abuse? They are our parents and grandparents. They are ourselves in the not too distant future. We work so hard and so long to build our lives, raise our families and retire in dignity. There are so many challenges we face in life; but, time does not make change easy to accept and understand. Even without diminished capacity, today’s world can be baffling and full of bewilderment to our elderly.

Protection Of Vulnerable Adults Can Be Complicated

Some people are predators and are always looking for easy marks, seeking to victimize weaker individuals for greed or emotional problems. Clearly, they must be punished and the weak defended. Sometimes, however, things are not always what they seem. Some truly vulnerable adults have diminished capacity to fully understand the world around them. Accidents happen and concerned neighbors might worry that it was not really an accident.

Some Are Falsely Accused Of Vulnerable Adults Abuse

What are you going to do if you are falsely accused? Have you ever been investigated for wrong doing by a government agency? It can be terrifying to get a letter from Adult Protection requiring you to report at a specific time and place for investigation for financial exploitation, neglect or abuse of a vulnerable adult. Minnesota’s Vulnerable Adults Act leads the nation in many respects and it’s changing and broadening to place responsibilities on and severe penalties against caregivers. Are you a care giver that is facing an administrative hearing and in jeopardy of losing your license for the same reasons?

Vulnerable Adults Policy Cuts Both Ways

We support vulnerable adults policy and the laws which protect seniors and vulnerable adults. We also believe that nurses, doctors, family members and other care givers need legal representation if they are under investigation for offenses against vulnerable adults. While a St. Paul prosecutor I prosecuted crimes against vulnerable adults. Today, I sit on the Vulnerable Adult Justice Project committee at William Mitchell College of Law and lecture on the Vulnerable Adult law to caregivers at health care facilities in the Twin Cities. If you are under investigation for neglect, abuse or financial exploitation, you need to understand the law.

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Answer Your Vulnerable Adults Question: 612-309-9184

If You Are A Caregiver To Vulnerable Adults, You Can Be Accused Of Elder Abuse is a post from: WL Brown Law Office | Elder Law Attorney

Creating A Will Brings Peace Of Mind

Upon becoming an elder law attorney, I approached my mother and asked her if she had a will. My mother is a hard-working, black woman from Alabama. She answered, “What do I need a will for? I don’t have much.” I shook my head and reminded her of what happened when her mother passed. She remembered the sibling scramble and squabble over my grandmother’s heirlooms and remarked, “Well, I’ll get to it sometime.”

Is Creating A Will A Bother?

Sadly, my mother’s reaction is far too common. Many people don’t create a will, because they think they don’t have enough to leave behind. Why go to all that trouble if you’re not rich? Too many people of color fail to use estate planning tools to keep their hard earned wealth within their family. It is exactly these legal tools that you should use to pass what you have accumulated to future generations.

Creating A Will Simplifies The After Life

She asked, “Why do I need a will?” I decided to use this opportunity to discuss the importance of a will. A will is important for several reasons — one of them being that you can control how your assets will be disposed. If you die without a will, the state of Minnesota has intestacy laws that will dispose of your property, regardless of your intentions. When the state decides how to distribute assets, probate and administration costs can consume far more of your estate than having your will distribute assets. With a will, you can designate a personal representative who will represent your wishes and execute your will. A will simplifies estate administration and reduces post-death costs, which means more is likely to stay in the family.

Creating A Will Can Be Simple

Mother looked more intrigued as I spoke. She got off the couch and showed me her special gold bangles that I remembered from childhood. She told me to make sure her grand daughter, my daughter, got them after she died. “Is creating a will complicated?” I assured her that creating a basic will is not at all complicated. Creating a basic will can be as simple as:

• Identify yourself as Testator
• Appoint a personal representative with powers to execute the will
• Create instructions for payment of debts, taxes and expenses
• Create specific bequests to beneficiaries
• Create a residuary clause disposing of all other property
• Create a general governing provision including definitions, protective provisions and a tax allocation clause.

Is Creating A Will Revokable?

She then asked, “What if I create a will, but later I want to change it?” I replied, “You can revoke it or change it at any time.” “How?” There are three ways to revoke a will:

1. Physically destroy the will (with the intent to destroy it)
2. Write a document to revoke the will
3. By changed circumstance (for example, divorce)

Alternatives To Creating A Will

My mother then stated that she might not need a will because she has various accounts that have named beneficiaries. I agreed. There is no legal obligation to create a will. I said, “Mom, if you die without a will, Minnesota has one created for you.” There are will “substitutes” that dispose of certain property and assets in particular ways without a will. I gave her four examples of how assets and property can pass to another person without a will:

1. Intestacy laws in Minnesota will dispose of your assets by dividing the estate in probate proceedings.
2. When people have joint ownership with right of survivorship — for example, when one spouse dies the house goes to the survivor.
3. Pay on death (P.O.D.) accounts with beneficiary designations can pass to beneficiaries without a will.
4. Revocable living trusts can avoid a lengthy probate process but don’t avoid federal or state taxes.

Does Creating A Will Bring Death Sooner?

She told me that all the talk about a will made her feel as if death was right around the corner. I told her that many of my clients have this unsubstantiated fear. “Mom, creating a will is not planning for your death. A will is only one tool that you can use to control how your property and assets are disposed after your death.” Wills, trusts and estate plans are methods available for people to have control of their assets and give to the next generation. This should bring peace of mind, rather than worrying about death. Putting a reasonable plan in place now gives you a voice whenever death comes. It allows you to enjoy the fruits of your labors today. People of color should use these tools to preserve the wealth that we are creating. All too often we do not.

Creating A Will Brings Peace Of Mind

I created a will for Mom and it was a simple process. She is now comfortable that she has decided who will get her things and that there will be no squabbling. Creating a will eliminated one more worry from her esteemed life. Her family is comfortable knowing that Mom has her house in order. My mother has a plan. How will you distribute your assets?

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Answer Your Creating A Will Question: 612-309-9184

Secrets Of Creating A Will Every Mother Should Know is a post from: WL Brown Law Office | Elder Law Attorney

Guardianship & Conservatorship Protect Vulnerable Adults

What in the world do guardianship and conservatorship have to do with defending senior rights? Fact is, not only seniors become incapacitated and not every senior faces these issues. However fate sneaks up on you, who will make decisions for you when you cannot make them for yourself?

Guardianship And Conservatorship Protect You When You Cannot

When a person isn’t able to make their own decisions in the eyes of the law that person is incapacitated. If you become incapacitated, who will make decisions for you? The Health Care Directive allows you to plan ahead for this condition. If you do not plan ahead, the courts will intervene and assign somebody to act on your behalf. There are two arrangements that can be made under these circumstances: Guardianship and Conservatorship.

Guardianship And Conservatorship Result From Court Action

In Minnesota, generally they are established through a legal action or court proceedings. The petitioner files a petition with the court requesting that a conservatorship or guardianship be established. The court orders the appointment of a conservator or guardian to act as a decision maker for the protected person or ward. There must be clear evidence that the protected person or ward is unable to make necessary decisions on his or her own behalf. This is a finding of incapacity. If the individual’s welfare is at risk due to the individual’s lack of judgment or decision making abilities the court will intervene.

What Is The Difference Between Guardianship And Conservatorship?

What is the difference between guardianship and conservatorship? It’s common to see them expressed as Guardianship of the Person and Conservatorship of the estate. The guardian generally makes decisions regarding:

• General care, where to live and personal needs
• Personal care and maintenance
• Reasonable care of personal effects
• Necessary consent for medical, professional care or services
• Supervisory authority which may limit personal freedom

Some medical treatments require court review and approval and such decisions are not up to the guardian.

Conservatorship Is Also Concerned With Property

A conservatorship is chosen when the court believes that the person’s property will be depleted and wasted without intervention. That person under conservatorship is called the protected person; whereas under guardianship they are called the ward. The protected person need not be incapacitated in every way, nor is there any finding of general incompetence. It is still possible for the protected person to marry, make a will and vote. A conservator of the estate must:

• Pay reasonable support and maintenance from the protected person’s estate
• Pay any just and lawful debts from the protected person’s estate
• Manage the estate
• Collect all debts owed the protected person
• Invest all funds not currently needed according to law
• Approve or withhold approval of contracts, except for necessities
• Sell, exchange or purchase undivided interest in real estate with court approval

Guardianship And Conservatorship Favor Family Members

A concerned family member, a close friend, a professional guardian or conservator, or private or public agency may be appointed by the court. Depending on any wishes of the incapacitated person and also on the availability of a willing person to accept this responsibility, the court has an order of priority for candidates to be appointed. A private guardian or conservator is a private citizen or a private agency staff person. A public guardian or conservator then is a staff person within the state or local county agency.

Guardianship And Conservatorship Protect Vulnerable Adults

Vulnerable adult counsel and defense are serious issues for seniors and those tasked for their care. Caregivers and companies have concerns regarding training caregivers and staff about Vulnerable Adult law. Caregivers and companies may come under investigation for financial exploitation, neglect or abuse and require specific counsel. People and companies that have been unjustly accused of exploitation need expert legal representation. Regardless whether you are deemed incapacitated or you are a caregiver accused of wrong doing, WL Brown Law Office has the expertise protect your rights.

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Answer Your Guardianship And Conservatorship Question: 612-309-9184

How Guardianship And Conservatorship Protect Vulnerable Adults When They Cannot Protect Themselves is a post from: WL Brown Law Office | Elder Law Attorney

Visitors And The Health Care Directive

In Minnesota, the Health Care Directive has simplified complications involved in legacy powers of attorney. It allows you to appoint another person, your agent, to make health care decisions for you if you become unable to do so. You give written instructions about what you want done under which conditions and your agent implements them as required. Health Care Directives simplify the process of fulfilling your wishes even when you are not able to decide at that time for yourself.

Clarify Your Wishes With A Health Care Directive

Can you imagine the peace of mind in your loved ones if you are suddenly struck down and facing complicated health care decisions, but your health care agent directed them with your written directives? Suppose, however, that your ex-wife wants to visit you and your agent favors your current wife and she doesn’t want to allow the visit. What happens if your agent simply dislikes somebody come to visit you? Just how far does the health care directive extend? What are the rights of the visitor?

Nursing Homes And The Health Care Directive

Residential rights in nursing homes are governed by the Title 42 of the Code of Federal Regulations (CFR) Section 483.10:

(j) Access and visitation rights.
(1) “The resident has the right and the facility must provide immediate access to any resident by the following: … subject to the resident’s right to deny or withdraw consent at any time, immediate family or other relatives of the resident; and … subject to reasonable restrictions and the resident’s right to deny or withdraw consent at any time, others who are visiting with the consent of the resident.”

Health Care Directive And The Health Care Agent

If you do not choose a health care agent, and you become too sick to make your own decisions, your doctors will ask your closest family members to make these decisions for you. This is why it is so important for you to name the person you want to be your agent. Your health care agent can:

• agree to
• say no to
• change
• stop
• choose

any of the following:

• doctors, nurses, social workers
• hospitals, clinics, care facilities
• medications, tests, treatments
• what happens to your body and organs after you die

Visitors And The Health Care Directive

What rights does the visitor have? The health care agent may know the rights or may not be clear on the limitations of your health care directive. Nevertheless, what if he still does not allow a visitor to enter? Most of us are not likely to know our visitor rights either. Clearly, an elderly visitor might not know or might be unable to remember their access and visitation rights.

The Health Care Directive Directs Health Care

The definitive recourse for the visitor is the health care directive itself. Health care directives allow agents to make health care decisions for the grantor. If a visit from an individual is not detrimental to the grantor, the agent must allow the visit to take place. The agent does not have the power to forbid visitation.

Hospital Visitation And The Health Care Directive

Rules for hospitals are governed by Title 42 CFR Sections 482 & 485. There are some recent changes in the federal rules regarding the rights of non-traditional family members visiting patients in hospitals. These rules require hospital policies to assure patients that they can be visited by the people to whom they are closest, even if there is no formally recognized relationship.

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Answer Your Health Care Directive Question: 612-309-9184

The Simple Truth About The Health Care Directive And Visitation Rights is a post from: WL Brown Law Office | Elder Law Attorney

Comfort Keepers Contributes To Elder Care

More Minnesotans will turn 65 this decade than in the previous four decades combined! Can you imagine that?

Osseo Welcomes Comfort Keepers!

Comfort Keepers is a company offering to do everyday chores for seniors. The doors opened on their newest facility today in Osseo on Central Avenue. They can help with housekeeping, cooking meals and managing medication. Just ask how they may be of assistance to you or your loved ones. Talk to Kelly Lindell, the owner of NW Twin Cities Metro Comfort Keepers.

With this explosive growth there are fewer places for the elderly to stay and fewer people to take care of them. Within blocks of this new location there are at least six senior living apartments.

Comfort Keepers Joins Our Community

I was privileged to attend the ribbon cutting this morning. Every day I hear amazing stories of how remarkable Americans are stepping up to the challenges of our growing elderly. It was truly an honor to stand among these seniors and the community that supports them.

You really ought to check out the Comfort Keepers nearest those you love. Our seniors have lived long and earned the right to healthy lives in the comfort of their own homes. We have a lot of work to do to help them. Today this community demonstrated its commitment to do just that.

Comfort Keepers Contributes To Elder Care

WL Brown Law Office is not just about lawyers. We are also proud to demonstrate our resolve to support our elder citizens. Every facet of elder care is our expertise, whether that be day to day chores or litigation. After all, I hope to be a senior myself one day.

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Answer Your Elder Care Question: 612-309-9184

Ribbon Cutting For Comfort Keepers in Osseo, Minnesota Today is a post from: WL Brown Law Office | Elder Law Attorney