OTHER STATES: where IA shows, put in YOUR STATE'S 2 letter abbreviation, and then the elder affairs link should work for YOU
yesterday, i went to a 4 hour meeting in des moines for ELDER LAWS. 22 satelite areas, 330 attending total !!
seminar was presented by the IOWA DEPT. OF ELDER AFFAIRS & IOWA LEGAL AID with funding the the US ADMINISTRATION ON AGING & LAWYER TRUST ACCOUNT COMMISSION.
iowa's area agencies on aging & iowa attorney general's office have provided speakers, site hots, and other generous support for these seminars.
us admin on aging, OAA, distributes federal OAA funds to staes, which designate area agencies on aging, aaa's, that provide info and services to older persons.
title 3 of OAA provides funds to help states organize & pay for meals and a broad range of HOME & community based services thru the AAA'S & hundreds of service providers throught the state; this structure is commonly called "aging network".
all persons age 60 & older are eligible to receive services, but states are required t target assistance to persons wit hthe "greatest social/economid need".
EACH STATE IS REUIRED BY OLDER AMERICANS ACT TO HAVE A STATE UNIT ON AGING! ************************************************
THE MOST IMPORTANT THINGS I LEARNED WITH WHEN A SPOUSE GOES INTO A NURSING HOME:
these things need to take effect on the DAY they go into nursing home: ******************************************
change JOINT OWNERSHIP TO SINGLE owner, YOU!!
. car title
. house title
. checking/savings
. IRAs, 401s
. CDs
. your investment portfolio IF you have one
SIGN UP FOR MEDICAID PROMPTLY. they will look at your financial records and DENY YOU just as they do us for SSDI, ss disability insurance benefits. "it's there job too".
they don't tell you this, BUT APPEAL THIS; many times your spouse will be covered and you do NOT HAVE TO "SPEND DOWN" to the $2,000 limit.
lawyer used a millionaire as an example; his wife went into the nursing home; she was given title 19 !!!! he did NOT have to use any of his assets to pay for her care!!
there were some real shockers there like the above example.
we had 3 lawyers talk:
deanna clingan-fischer, attorney at law [email protected] talked about: ******************************
living wills & health power of attorney, POA
iowa laws recoginize 2 types:
1.... durable POA for health care; must act in YOUR BEST INTERESTS & abide by YOUR wishes, & given priority over a guardian!
HOW TO MAKE A POA: *************************** .. must have capacity, 18 years old, & BE COMPETENT!
.. DOCUMENT MUST BE IN WRITING... handwritten, typed, or a form
..... MUST CONTAIN: ************************* name of person authorized to act as the attorney-in-fact, AIF (poa & aif are used interchangably!!)
powers & responsibilities given to the AIF signature of the principal date signed signed in the presentage of a NOTARY OR 2 WITNESSES
who CAN'T be a witness: **************************** .. healther care provider attending the principal on date of signing .. an employee of a health care provider .. attorney in fact, AIF .. LESS than 18 yrs. old .. at least ONE should be a NON-relative
WHO CAN'T BE AN AIF *************************** .. health care provider attending the principal ..employee of a heal care provider unless the individual is related to the principal .. guardian
considerations of establishing a POA ********************************************* . what does the client hope to accomplish by executing a POA?
. is intent to have this document become effective IMMEDIATELY OR ONLY UPON THEIR INCAPACITY?
. what is the standard for determining when the client has become incapacitated?
.. does the client want the document for BOTH HEALTH CARE & FINANCIaL decisions?
. does client have confidence that the person who will act as their AIF CARRY OUT THEIR WISHES?
. does the AIF know what the client would want to have happen?
DOES THE CLIENT WANT TO ENSURE THAT THE aif HAS the authority to REFUSE OR DECLINE life-sustaining procedures?
does client realize that the court does NOT monitor the acts of the AIF?
is there someone to serve as an ALTERNATE AIF in the event the 1st choice is not able or is NO LONGER willing to serve as a AIF?
prepare it showing alternative too so you don't have to PAY AGAIN **********************************************
are ther ecertain things that the client does NOT want the AIF to have AUTHORITY OVER?
does the client reside in ANOTHER STATE for PART of the year?
if POA is a DURABLE power of attorney for HEALTH CARE, does the client want the AIF to have the authority to:
.. admit the principal to a LONG-TERM care facility; .. admit to the hospital; .. order INVASIVE DIAGNOSTIC TESTS?
order dental surgery
withhold or withdraw life-sustaining procedures. IF SO, UNDER WHAT CONDITIONS? .. car accident, terminal illness, Alzheimer's disease, stores, or heart attack
consent to a DO NOT RESUSCITATE REQUEST
consent to mechanical breathing
WHO SHOULD HAVE COPIES? ---------------------------------------- . AIF and ALTERNATE
. doctor, hospital, and all other health care providers; . family members and friends; . the principal (you);
. have a copy WHEN TRAVELING TRIPS..BUSINESS OR VACATION, ETC. **********************************
REVOKING A POA *********************** . can be revoke at ANY TIME; . orally or in writing;
. tell AIF and any other interested persons, drs., bankers, family, etc.
. can be done by notifying HEALTH CARE PROVIDER while providing care to you;
. principal/you is PRESUMED TO HAVE CAPACITY TO REVOKE;
. terminates upon DISABILITY OR INCAPACITY unless it is a DURABLE POA and upon your death.
ISSUES TO CONSIDER ************************** . do NOT place in safety deposit box; TRAVEL .. other states WILL recognize; . no court oversight; . communicate wishes;
scott hartsook, attorney at law, aaL [email protected] discussed: ****************************
medicaid eligiblity for nursing home and other long-term care
elderly waiver home care benefits
programs to pay medicare premiums & other health care expenses
nancy l. thompson, aaL, no email given, discussed:
rules about WHICH DEBTS TO PAY FIRST!!
avoiding problems with creditors
predatory practices -- payday loans, CAR TITLE LOANS, & sub-prime home loans
i was exhausted sitting for that length of time and thank goodness they had outstanding padded chairs and restroom right around the corner. had to take a 2.5 hr. nap ....
during daylight hours tomorrow, i'll come back and expend some of these comments of what i learned in the TAKE HOME BOOK they gave to each of us about IOWA'S LAWS.
all 50 states are different on medicaid, title 19 !! ***************************************************
luvs2ride
Frequent Contributor (1K+ posts)
Member # 8090
posted
Wow Betty! Hats off to your stamina!
Thank you so much for this information. I have an 83 y.o. mother who is still in very good health but good to know this information.
My husband will be 62 this year and has CFS and other typical signs of lyme. Hopefully, not ready for a nursing home, not by a longshot, but he really needs some good treatment and while he wants help, he just isn't willing to go as far out on a limb as I have to get well.
sigh.....
How can I learn about this kind of information in my state?
-------------------- When the Power of Love overcomes the Love of Power, there will be Peace. Posts: 3038 | From america | Registered: Oct 2005
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posted
i'll post more on this either tonight or TOMORROW daylight hours.
i had so many pms/emails today that i try to keep up with them daily. i'm still behind for having gone to this on tuesday!!
so hang in there; i will POST LATER; i promise you
10 pm, i'm working on this now; too much to add tonight, so i'll keep plugging away until i have on here what i feel are the MOST important to majority here.
so i'll add; edit post; send, and keep doing this until i have it ALL here. when i finish for night or day, i'll post a note here for folks to go back to my top post to read additional comments will type 3 more points and quitting for night. taken me 1 hr. to do what i've done on top.
posted
Great info Betty, it is wonderful of you to share what you learned with us, thank you!
I know it takes lots of time to post that much information. It is so helpful for those needing resource info!!
[ 06-21-2009, 02:39 PM: Message edited by: jam338 ]
Posts: 495 | From SF Bay area, CA | Registered: Dec 2007
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bettyg
Unregistered
posted
jam, i think there is a misunderstanding and perhaps i wrote this wrong.
i think you are talking about the part where i talked about TITLE 19/MEDICAID of the millionaire husband being able to keep his ENTIRE funds without SPENDING DOWN TO $2,000 for his wife to RECEIVE MEDICAID based upon HER assets. not sure if that makes sense or not.
also, no, this was taken from the cover page of info on aging, etc. just email scott whose email shows up in the above ok.
whatever you find out, i'll add it to my top area where it talks about it so OTHER STATES can find out for future use!
thx for taking the time to read the above of time spent doing it lol takes a lot of time to type this...
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