Law Office of Elise Lampert

https://www.youtube.com/watch

The Film 'I Care a Lot' Highlights Vulnerabilities in the Guardianship System Netflix’s popular new movie, I Care a Lot, may be far-fetched in a lot of ways, but it does highlight some real weaknesses in the guardianship system that make it possible for an unscrupulous guardian to take control of an elderly person’s life and bleed their resources dry. Fortunately, steps can be taken to avoid the guardianship system and the kind of nightmare the film portrays. A guardian is s...Continue reading

How the $1.9 Trillion COVID-19 Relief Bill Aids Seniors President Biden has signed the latest COVID-19 relief bill, which in addition to authorizing stimulus checks, funding vaccine distribution, and extending unemployment benefits, also provides assistance to seniors in a number of ways. The $1.9 trillion American Rescue Plan Act (ARPA) delivers a broad swath of relief, covering families, employers, health care, education, and housing. The following are the provisions that ...Continue reading

What to Do With Your Stimulus Check if You Are in a Nursing Home As the second (and maybe third) round of stimulus checks go out, it is important to know that nursing home residents are not required to turn their checks over to their nursing home. And Medicaid recipients need to spend the cash within a year if it puts them over Medicaid’s resource limit. In December 2020, Congress approved $600 stimulus checks for individuals making less than $75,000 a year. And Congress is ...currently considering whether to approve another round of $1,400 stimulus checks. Those checks should be sent to everyone eligible, including individuals on Medicaid and in a nursing home or assisted living facility. The Federal Trade Commission (FTC) is reminding nursing home and assisted living residents that their stimulus checks are for them, not their facility. With the first round of stimulus checks, there were reports that facilities were taking the checks without residents’ permission. The FTC says that if nursing homes ask for a resident’s check, the resident should contact the state attorney general and the FTC. Medicaid recipients who receive a stimulus check that puts them above Medicaid’s resource limit will need to spend down the money within a year or risk losing benefits. The Social Security Administration has said that it will not consider stimulus payments as income, and that the payments will be excluded from a Medicaid recipient’s resources for 12 months. The following are examples of what a Medicaid recipient may be able to spend the money on without affecting their eligibility: Make a payment toward paying off debt. Make small repairs around the house. Update personal effects. Buy household goods or personal comfort objects. Buy a new wardrobe, electronics, or furniture. Buy needed medical equipment, see a dentist or get eyes checked if those items aren't covered by insurance. If you have questions about how you or a family member in a nursing home can spend the money, contact your elder law attorney. Contact us Elise Lampert, Esq. Law Office of Elise Lampert 9595 Wilshire Blvd. | Suite 900 | Beverly Hills , CA 90212 Phone: (818) 905-0601 / Email: [email protected] https://www.eliselampert.com See more

Long-Term Care Benefits for Veterans and Surviving Spouses Long-term care costs can add up quickly. For veterans and the surviving spouses of veterans who need in-home care or are in a nursing home, help may be available. The Veterans Administration (VA) has an underused pension benefit called Aid and Attendance that provides money to those who need assistance performing everyday tasks. Even veterans whose income is above the legal limit for a VA pension may qualify for the A...Continue reading

Biden Administration May Spell Changes to Estate Tax and Stepped-Up Basis Rule A new administration usually means that tax code changes are coming. While it remains unclear exactly what tax changes President Biden’s administration will usher in, two possibilities are that it will propose lowering the estate tax exemption and eliminating the stepped-up basis on death. The first would affect only multi-millionaires, but the second could have an impact on more modest estates and...Continue reading

The Top Eight Mistakes People Make With Medi-Cal Medi-Cal planning can be a difficult and confusing process. The following are some common mistakes people make when planning to apply for Medi-Cal. Thinking it's too late to plan. It's almost never too late to take planning steps, even after a senior has moved to a nursing home. Giving away assets too early. First, it's your money (or your house, or both). Make sure you take care of yourself first. Don't put your security at ri...sk by putting it in the hands of your children. Precipitous transfers can cause difficult tax and Medi-Cal problems as well. Ignoring important safe harbors created by Congress. Certain transfers are allowable without jeopardizing Medi-Cal eligibility. These include: transfers to disabled children, caretaker children, certain siblings and into a trust for anyone who is disabled and under age 65; a transfer to a 'pay-back' trust if under age 65; and a transfer to a pooled disability trust at any age. Failing to take advantage of protections for the spouse of a nursing home resident. These protections include the purchase of an immediate annuity, petitioning for an increased community spouse resource allowance, and in some instances petitioning for an increased income allowance or refusing to cooperate with the nursing home spouse's Medi-Cal application. Applying for Medi-Cal too early. This can result in a longer ineligibility period in some instances. Applying for Medi-Cal too late. This can mean the loss of many months of eligibility. Not understanding how Medi-Cal affects your home. Nursing home residents do not automatically have to sell their homes in order to qualify for Medi-Cal, but that doesn't mean the house is completely protected. The state will likely put a lien on the house while the resident is living and attempt to recover the property after the resident has passed away. Not getting expert help. This is a complicated field that most people deal with only once in their lives. Tens of thousands of dollars are at stake. It's penny wise and pound foolish not to consult with an attorney who knows how to guide clients through the process. Contact us Elise Lampert, Esq. Law Office of Elise Lampert 9595 Wilshire Blvd. | Suite 900 | Beverly Hills , CA 90212 Phone: (818) 905-0601 / Email: [email protected] https://www.eliselampert.com See more

If you own your own home, you probably need a trust! a solid estate plan. A good plan should be designed to avoid probate, save on estate taxes, protect assets if you need to move into a nursing home, and appoint someone to act for you if you become disabled. All estate plans should include, at minimum, two important estate planning instruments: a durable power of attorney and a will. A trust can also be useful to avoid probate and to manage your estate both during your life ...Continue reading

LA County Announced Vaccine Eligibility for Phase 1 B Tier 1 which includes First Responders and Educators (vaccinatelacounty.com)LA County Announced Vaccine Eligibility for Phase 1 B Tier 1 which includes First Responders and Educators (vaccinatelacounty.com)

HERES HOW MUCH THE CDC TRUSTS THE VACCINE EFFECTIVENESS AND PROTECTION: In guidelines updated last week, CDC said people who are fully vaccinated against Covid-...19 and who have been exposed to someone infected with the novel coronavirus do not have to quarantine CDC currently recommends that most people who come in close contact with an individual who has a confirmed or suspected Covid-19 infection quarantine for at least 14 days The agency explained that although the risk of novel coronavirus transmission from fully vaccinated people to others is still "unclear," vaccination has been shown "to prevent symptomatic Covid-19," and "symptomatic and pre-symptomatic transmission is thought to have a greater role in transmission than purely asymptomatic transmission." (Although changing the intentionally conservative guidelines is a big deal and tells me they are confident in the protection and effectiveness of the vaccines) According to CDC, the criteria include being "fully vaccinated," which means individuals must have received both doses of either of the two two-shot vaccines currently authorized For any vaccine, CDC added that people are not considered fully vaccinated until at least two weeks have passed since they received their final dose. CDC also urged eligible individuals to monitor their health 14 days post-exposure, noting that even fully vaccinated people should get tested and begin quarantine if they experience any symptoms. #stayingAlive #girlERdoc #emergency #Coronavirus #covid #covid19 #FrontlineHeroes #ERheroes #girldoctor #health #heroesAtSaintjoes #bruinheroes #providenceHeroes #vaccine

Strategies for Bridging SSDI’s Medicare Waiting Period Getting benefits through the Social Security Disability Insurance (SSDI) program is a great relief to a person under age 65 who is unable to earn a living because of a disability. Its monthly payments guarantee some degree of financial security. An added benefit to SSDI is health insurance coverage through Medicare. But there is a precarious two-year gap between receiving approval for disability benefits and becoming elig...Continue reading

California Proposition 19: What Does This Mean for Property Tax Transfers and Exemptions? Children Inheriting Parents’ Property Will Be Impacted Financially Newly passed Proposition 19 will have potentially severe financial consequences for children inheriting property from their parents. Approved by California voters in the November election, Prop. 19 marks a landmark change to Prop. 13, the 1978 law that aims to limit property taxes....Continue reading

Annuities and Medi-Cal Planning In some circumstances, immediate annuities can be ideal Medi-Cal planning tools for spouses of nursing home residents. Careful planning is needed to make sure an annuity will work for you or your spouse. An immediate annuity, in its simplest form, is a contract with an insurance company under which the consumer pays a certain amount of money to the company and the company sends the consumer a monthly check for the rest of his or her life. In m...Continue reading

Annual Long-Term Care Survey Finds Steep Rise in Assisted Living Facility Costs Amid Pandemic All long-term care costs rose sharply in 2020, but assisted living facility costs increased the most, according to Genworth’s latest annual Cost of Care Survey. The across-the-board rises were due in part to increased costs brought on by the coronavirus pandemic. In the past year, assisted living facility rates grew 6.15 percent for a median cost of $51,600 per year or $4,300 per mo...nth. Genworth also reports that the median annual cost of home health aides rose 4.35 percent to $54,912, while the median cost of a private nursing home room rose 3.57 percent to $105,850 and the median cost of a semi-private room in a nursing home is now $93,075, up 3.24 percent from 2019. The national median annual rate for the services of a homemaker also climbed 4.44 percent to $53,768. In response to this year’s price increases, Genworth conducted a follow-up study to understand how COVID-19 is impacting the cost of care. Genworth found that labor shortages, personal protective equipment costs, regulatory changes, employee recruitment and retention, wage pressure, and supply and demand were contributing to rate rises. The only care setting where costs did not increase was adult day care, which provides support services in a protective setting during part of the day. Costs for adult day care actually fell from $75 to $74 a day, a 1.33 percent decrease, perhaps because many adult day care sites have been forced to close due to the pandemic. Alaska continues to be the costliest state for nursing home care by far, with the median annual cost of a private nursing home room totaling $436,540. Missouri was the most affordable state, with a median annual cost of a private room of $68,985. The 2020 survey, conducted by CareScout for the seventeenth straight year, was based on responses from 14,326 nursing homes, assisted living facilities, adult day health facilities and home care providers. Survey respondents were contacted by phone during July and August 2020. As the survey indicates, long-term care is growing ever more expensive. Contact your attorney to learn how you can protect some or all of your family's assets from being swallowed up by these rising costs. Contact us Elise Lampert, Esq. Law Office of Elise Lamper 9595 Wilshire Blvd. | Suite 900 | Beverly Hills , CA 90212 Phone: (818) 905-0601 / Email: [email protected] https://www.eliselampert.com See more

Best Valentine’s Gift ever! Getting my second Pfizer vaccine. Thank you to all of these Guardian Angels who are the volunteer army administering this vaccine.

Nursing Home Residents Face Even Greater Barriers to Voting Amid Coronavirus Pandemic The coronavirus pandemic has forced nursing homes to place a number of restrictions on their residents. These constraints are having the unintended consequence of making it more difficult for nursing home residents to vote. Hundreds of thousands of nursing home and assisted living community residents could be disenfranchised. Older Americans are some of the most reliable voters, but nursing ...home residents face challenges to voting even in normal times, and they are encountering even greater barriers this election season. In response to the coronavirus pandemic, nursing homes have locked down, prohibiting family and friends from visiting residents and residents from leaving the facilities. This means residents may not be able to leave to vote and also will not be able to have help from family members or organizations in obtaining and filling out mail-in ballots. In past years, nursing homes and assisted living facilities often acted as polling places, but many of those are being moved due to the pandemic. In addition, nonpartisan organizations have historically been able to enter nursing homes to assist residents with their ballots, but it is unclear whether this will be allowed this year. North Carolina and Louisiana specifically prohibit nursing home staff from assisting residents with their ballots, but even in states that don’t explicitly prohibit it, overworked staff may not have the time to help residents. While federal law requires nursing homes to protect their residents’ rights, including the right to vote, it is a really open question to what extent people in long-term care institutions are going to be able to participate in our election in November, says Nina Kohn, a law professor at Syracuse University who has studied facility residents’ voting-rights issues. Kohn warns that we should be clear that there is tremendous reason to be concerned that nursing home residents will be . . . systematically disenfranchised in this election, Contact us Elise Lampert, Esq. Law Office of Elise Lampert 9595 Wilshire Blvd. | Suite 900 | Beverly Hills , CA 90212 Phone: (818) 905-0601 / Email: [email protected] https://www.eliselampert.com #Voting#COVID19#estateplanningattorney#probateattorney#probatelawyer ##trustadministration#specialneedstrust#probatelitigation#estatelitigation#financialelderabuse See more

Medicare Beneficiaries May Be Eligible for an Extra 100 days of Skilled Nursing Coverage Due to Pandemic The COVID-19 pandemic has been particularly devastating for nursing homes and their residents. Aside from the tragically disproportionate loss of life, care for surviving residents has been delayed or interrupted due to infection, facility lockdowns or other health system disruptions. In such cases, Medicare beneficiaries who qualified for skilled nursing facility (SNF) ...Continue reading

The Ins and Outs of Guardianship and Conservatorship Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions, the court will appoint a substitute decision maker, usually called a "guardian," but called a "conservator" or another term in some states. Guardianship is a legal relationship between a competent adult (the "guardian") and a person who because of incapac...Continue reading

Medicare Open Enrollment Starts October 15: Is It Time to Change Plans? Medicare's Open Enrollment Period, during which you can freely enroll in or switch plans, runs from October 15 to December 7. Now is the time to start shopping around to see whether your current choices are still the best ones for you. During this period you may enroll in a Medicare Part D (prescription drug) plan or, if you currently have a plan, you may change plans. In addition, during the seven-week...Continue reading

Child Support and Special Needs: Six Important Questions Parents of a child with special needs know that they must plan for the child’s care and support way into the future. This is especially so if the individual is unlikely ever to be able to earn an income. But what happens in cases of divorce? How does the issue of child support come into play, now and in the future, when the child is no longer a minor? Before you start the separation process, be sure to understand the an...Continue reading

Which Nursing Home Rating System Should You Trust? Choosing a nursing home for a loved one is a difficult decision and it can only be made more confusing by the various rating systems. A recent study found that using both Medicare’s Nursing Home Compare site and user reviews can help with the decision making. The official Medicare website includes a nursing home rating system. Nursing Home Compare offers up to five-star ratings of nursing homes based on health inspections, s...Continue reading

How Will the Coronavirus Pandemic Affect Social Security? The coronavirus pandemic is having a profound effect on the current U.S. economy, and it may have a detrimental effect on Social Security’s long-term financial situation. High unemployment rates mean Social Security shortfalls could begin earlier than projected. Social Security retirement benefits are financed primarily through dedicated payroll taxes paid by workers and their employers, with employees and employers s...plitting the tax equally. This money is put into a trust fund that is used to pay retiree benefits. The most recent report from the trustees of the Social Security trust fund is that the fund’s balance will reach zero in 2035. This is because more people are retiring than are working, so the program is paying out more in benefits than it is taking in. Additionally, seniors are living longer, so they receive benefits for a longer period of time. Once the fund runs out of money, it does not mean that benefits stop altogether. Instead, retirees’ benefits would be cut, unless Congress acts in the interim. According to the trustees’ projections, the fund’s income would be sufficient to pay retirees 77 percent of their total benefit. With unemployment at record levels due to the pandemic, fewer employers and employees are paying payroll taxes into the trust fund. In addition, more workers may claim benefits early because they lost their jobs. President Trump issued an executive order deferring payroll taxes until the end of the year as a form of economic relief, which could negatively affect Social Security and Medicare funds. Some experts believe that the pandemic could move up the depletion of the trust fund by two years, to 2033, if the COVID-19 economic collapse causes payroll taxes to drop by 20 percent for two years. Other experts argue that it could have a greater effect and deplete the fund by 2029. However, as the Social Security Administration Chief Actuary morbidly noted to Congress, this pandemic different from most recessions: the increased applications for benefits will be partially offset by increased deaths among seniors who were receiving benefits. It remains to be seen exactly how much the pandemic affects the Social Security trust fund, but the experts agree that as soon as the pandemic ends, Congress should take steps to shore up the fund. Contact us Elise Lampert, Esq. Law Office of Elise Lampert 9595 Wilshire Blvd. | Suite 900 | Beverly Hills , CA 90212 Phone: (818) 905-0601 / Email: [email protected] https://www.eliselampert.com #Medicare#Covid19##100extradadaysskillednursing#skillednursing #lawyer #law #legal #covid19 #elderlawattorney #estateplanning #estateplanningattorney #estateplanninglawyer #estateadministration #trustsandestates #trustadministration #trustees #trustee #probate #probatelawyer #probateattorney #medicaidplanning #conservatorship #conservator #Law Office of Elise Lampert See more

COVID-19 Has Loosened Some ADA Workplace Protections, So Know Your Rights About one-fifth of people with disabilities are employed, according to the Bureau of Labor Statistics. In the best of times, employees with disabilities face significant discrimination in the workplace. As the economy gradually re-opens, employees with disabilities may be particularly vulnerable to workplace discrimination, and should be aware of their rights under the Americans with Disabilities Act (A...Continue reading

Reverse Mortgages: A Way to Remain at Home Longer Under our "system" of paying for long-term care, you may be able to qualify for Medicaid to pay for nursing home care, but in most states there's little public assistance for home care. Most people want to stay at home as long as possible, but few can afford the high cost of home care for very long. One solution is to tap into the equity built up in your home. If you own a home and are at least 62 years old, you may be able to...Continue reading

Will Medicare Cover a Coronavirus Vaccine? With the coronavirus pandemic responsible for more than a hundred thousand deaths and disrupting life across the United States, the only way for the country to return to normal is an effective vaccine. When a vaccine is available, Medicare will cover the cost. Medicare covers vaccines in a variety of ways, depending on the vaccine. It may be through Medicare Part B, Medicare Part D, or a Medicare Advantage plan if you are enrolled ...in one. Part B covers vaccines only for certain illnesses: flu, pneumonia, and Hepatitis B (if you are at medium or high risk). Medicare covers 100 percent of the cost of these vaccines if you go to an approved provider, and you do not have to pay a deductible or coinsurance. Medicare Advantage is also required to provide these vaccines at no additional costs. Part B also covers vaccines if you are exposed to a dangerous virus or disease, such as rabies or tetanus. In those cases, you will have to pay a deductible and a 20 percent coinsurance. Part D covers all other doctor-recommended vaccines, such as the shingles vaccine and the Tdap (tetanus, diphtheria, pertussis) vaccine. How much the vaccine costs will depend on whether you go to a provider who is in-network for your Part D plan. If you get the vaccine in-network, you will have to pay the co-pay amount. If you get the vaccine out-of-network, you may have to pay for the entire vaccine and bill Medicare. Medicare will only pay for the approved cost, which may be less than what you paid. If you have a Medicare Advantage plan that covers prescription drugs, it may cover these vaccines. The cost to you will vary, depending on the plan. With regard to COVID-19, the CARES Act provides that if a vaccine becomes available, Medicare is required to cover this vaccine under Part B with no cost sharing. Medicare Advantage plans are required to include the basic coverage offered by Medicare Parts A and B, so this coverage also applies to beneficiaries in Medicare Advantage plans. Contact us: Elise Lampert, Esq. Law Office of Elise Lampert 9595 Wilshire Blvd. | Suite 900 | Beverly Hills , CA 90212 Phone: (818) 905-0601 / Email: [email protected] https://www.eliselampert.com #Medicare#Covid19##100extradadaysskillednursing#skillednursing #lawyer #law #legal #covid19 #elderlawattorney #estateplanning #estateplanningattorney #estateplanninglawyer #estateadministration #trustsandestates #trustadministration #trustees #trustee #probate #probatelawyer #probateattorney #medicaidplanning #conservatorship #conservator #Law Office of Elise Lampert See more

A Modest Raise for Nursing Home Workers Could Save 15,000 Lives a Year: Study Raising the minimum wage by as little as 10 percent would significantly improve the safety and health of nursing home residents, according to new research. Most direct care in nursing homes is provided by nursing assistants, who make up about 40 percent of the nursing home workforce and are among the lowest-paid workers in the U.S. economy. Nursing assistants help residents with activities of daily ...Continue reading