Category Archives: Senior Tips

Medicare Vs Medicaid

Tip – There’s a lot of misinformation and misunderstandings about these two programs.

On July 30, 1965, President Lyndon B. Johnson signed the Medicare and Medicaid Act, also known as the Social Security Amendments of 1965, into law. It established Medicare, a health insurance program for the elderly, and Medicaid, a health insurance program for people with limited income.

Medicare is an entitlement program that pays for hospital, doctor, and prescription medication costs. Medicare covers skilled-nursing services, physical, vocational, and speech therapy, and hospice care whether provided in a facility or in the home. It will cover up to 100 days of rehabilitation following a hospital stay in a rehabilitation center. Medicare does not pay for personal care services or the cost of care in an assisted-living facility or a skilled-nursing facility beyond the 100 days. There is no repayment requirement for any services you receive from Medicare. To qualify for Medicare all you have to do is to turn 65 and apply for the program.

When the elderly need long-term care they apply to Medicaid. Medicaid is not an entitlement program, and you must prove eligibility to receive Medicaid benefits. For an individual to qualify for Medicaid, they must have liquid assets of less than $2,000, which does not include their home, a single vehicle, or a prepaid funeral policy. A Medicaid recipient who is single cannot have income over $2,567 a month. (as of May 2023). However, if their income does exceed that amount, they can set up and use a Miller Trust, and still qualify. Finally, they must meet certain healthcare needs as evaluated by a nurse who is working for the Department of Health and Welfare.

Medicaid will pay for limited personal care services in the home, or it will pay for long-term care in an assisted-living facility or skilled-nursing facility. If you apply and qualify for the Medicaid program, your monthly income is applied to the cost of your care at the facility, and then Medicaid will pay the unpaid balance. You are allowed to keep a small amount of your income for personal needs and to pay for prescription costs. The calculation for a married couple is more complicated.

Generally, the spouse who is not in the facility can keep the home, car, and half of the liquid assets to provide for their needs.

Unlike Medicare, the benefits paid to you for your care under the Medicaid program must be repaid from your estate when you pass. This program is known as Estate Recovery. Your personal representative must notify Estate Recovery of your passing, and then your estate will receive a claim against it for the money that was paid by Medicaid for your care. I often compare it to a student loan; once you graduate from school, you receive a letter from the government saying that you now must pay your student loan back.

It has been my experience that there is a lot of misunderstanding and misinformation about how these programs work. It makes sense to talk with an attorney who specializes in this area of the law to help you receive the benefits you need.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

May 2023

Keeping Wills Valid

Tip – Don’t “write in” changes on your original Will.

Your Will is an expression of your desires concerning who you want appointed to handle your estate after you pass away and to whom you want your property and other assets in your estate to go. Your Will is probated, which means that you file an application and your Will with the court, the court appoints your Personal Representative and issues Letters Testamentary, and your Personal Representative then inventories your property, pays your creditors, and distributes your estate to
the person or organizations you have named. Your original Will is filed with the court, so it is important that you take good care of it, and that those who will manage your affairs knows where it is at. Here are some of the problems that come up occasionally with a Will:

  1. People decide they want to make a change in their Will. Rather than write a new Will, they cross out and write in new information in their Will. This can invalidate the Will.
  2. When one spouse passes away the surviving spouse throws away the deceased spouse’s Will, thinking everything automatically goes to them, not realizing that some of the property in the estate may need to be probated now or when the second spouse dies. Without both of the
    original valid Wills, you must then go through a more complicated, formal process to probate the Will, which takes more time and money.
  3. Occasionally, even though a person has a valid Will, it cannot be located. You can request that a copy of the Will be probated, but you have to use a formal probate process which requires extra time and money and leaves the Will open to challenge.

In conclusion, put your Will in a safe place and let your Personal Representative know where it is at. Don’t throw away your spouse’s Will when they pass away—it will need to be probated at a future date. If you need to make changes or update your Will, have your attorney make the changes and then sign the new Will.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

April 2023

Holographic Wills

Tip – Holographic Wills are frequently ambiguous and are often challenged by heirs.

A Holographic Will is a Will written in a person’s own handwriting. In Idaho, a Holographic Will is valid, whether or not it is witnessed, if the signature and the material provisions are in the handwriting of the testator—the person making the will. (Idaho Code §15-2-503) Even though Idaho recognizes Holographic Wills, they frequently have problems.

A brief example illustrates this point. A woman brought in a Holographic Will of her friend who had recently passed away. The woman who made the Will had no children to leave her property to. Because of ill feelings toward her siblings, the woman had left her entire estate to the friend
who had brought in the Will, leaving nothing to her 2 siblings.

When the Will was filed for probate, it was quickly challenged as invalid by the excluded siblings. The Will was clearly invalid because she had not written the entire Will in her own handwriting but had used a filled in-the-blank form. Some of the Will was in her handwriting and some was typed, so the material provisions were not completely in the woman’s handwriting as required by the statute. Since the Will was invalid, the friend received nothing and the estate was divided equally between the 2 siblings under Idaho’s Intestate Laws—even though the woman who brought in the Will claimed she had many witnesses who would testify that her friend intended to leave her everything.

Sometimes another person will write a Will for an individual who is unable to write and then have him or her sign it. This is invalid also. The person making the Will must write it in its entirety and then sign it.

In conclusion, Holographic Wills are frequently ambiguous, done incorrectly, challenged by potential heirs and result in costly litigation.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

March 2023

Organize Your Important Information – Just Do It!

Tip – Consider taking time now to organize your records and give your
agents appropriate instructions.

Many people understand the importance of keeping their estate planning documents—Will, Trust and Powers of Attorney—in a safe place. People should also consider gathering all their personal information and put it into a binder, where it will be in one place. A planner or binder provides the framework that your agents will need to carry out their eventual responsibilities in an orderly, informed way.

To get started, begin gathering biographical information—birth certificates, marriage certificates, insurance policies, financial/investment information, social security cards, retirement/pension information, personal/family information, etc. It’s also beneficial to have a list of real estate assets, tax information, credit cards, automatic bill-pay, safe deposit boxes and password-protected software or devices.

Next, begin to organize your planner. It’s a good idea to have labeled tab dividers and plastic sheets for inserting related documents. Place your estate planning legal documents in your binder along with instructions for your agents. This keeps all your important information at the fingertips of the people that will be assisting you.

Assembling the rest of your information will take time, don’t expect to do it in one or two sittings. To accomplish this, set aside one-or two-hour windows to work on your planner until you’re done. Make short lists of follow-up tasks and check off each item as you finish it. Pacing yourself will help you make progress without becoming discouraged. (See Nolo “Get it Together, Organize your Records So Your Family Won’t Have to.”)

Having a complete planner with all the important information in one place can avoid the perils of incomplete planning. For example, one lady had everything her family needed, including information about a safe deposit box—with the key taped to an index card, but unfortunately forgot to include where the box was located! She had moved several times, and the family had no idea where the safety box was, even though they had the key. By having all the necessary information and documents in place, your agents will then be ready to step in, in the case of incapacity or death.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

February 2023

Estate Planning and Organization

Tip – Consider organizing your records so your family won’t have to.

A rather mundane aspect of estate planning is the organizing of your documents and records. Getting your legal documents, financial plans, important personal information, and healthcare directives arranged in a way that makes sense to those who will be handling your affairs is a wonderful gift to your family.

When we don’t plan, it places a burden on our families and can lead to unintended consequences. Here are two examples. First example, after a man passed away, his personal representative went into his home to try to figure out what needed to be done. When he walked into the kitchen, he saw papers piled high, covering the whole table. There were bank statements, insurance policies, investment and pension information, etc.

The personal representative proceeded to call and verify the status of all the accounts he found in the papers. After spending over 100 hours, the personal representative determined that only three bank accounts and one insurance policy were still active. Had the man organized his papers and gotten rid of any papers that were no longer current, he would have saved the personal representative a lot of time and his estate a lot of money.

Second example, a father had a stroke that left him with limited speech. The father recovered from the stroke but only had a vocabulary of about 50 words. One day the father came to his son and said, ”Insurance.” By asking a series of questions, the son determined that the father was concerned about life insurance. The son asked, “Do you have a life insurance policy?” The father replied, “Find out.” So, the son went to all the insurance companies in town and asked if they had a life insurance policy on the father. None of the agents said they had a policy. The father continued to indicate he had a life insurance policy but could not tell the son where it was. The man eventually passed away and no life insurance policy was ever found. The father’s family may have lost out on getting the death benefit from an insurance policy that the father may have paid premiums on for years.

Organizing your records and giving appropriate instructions to those who will handle your affairs is an important part of planning your estate. In the next tip, I will talk about how this can be done effectively.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

January 2023

Putting Children on Bank Accounts

Tip – There are much better ways to get help with your finances.

Some parents, when their health begins to fail, decide to put a child on their bank account to help them manage their finances, pay bills, etc. Sometimes, doing this does not give rise to any problems. Other times, it can lead to problems after the parent has passed away. For example, after the parent passes, the child may decide to close the account and take the money that remains for themself— claiming that was mom or dad’s intention. This position taken by the child conflicts with Idaho Code Section 15-6-104, which states that “Sums remaining on deposit at the death of a party to a joint account belong to the surviving party … as against the estate of the decedent if an intent to give the account can be shown by the surviving party…” If the intent to give the remaining money in the account to the child who took it cannot be shown, the other children must seek legal action to recover the money if they want it to be distributed according to the parent’s Will.

If the parent intends to give the sums remaining in the account to one of the surviving children, the parent could state this in his or her Will, or the parent could make the account a Pay on Death (P.O.D.) account, which would make the parent’s intent crystal clear. In this situation, after the parent dies, the child gives the bank a death certificate and the bank will release the remaining funds to the child.

Another problem that occasionally occurs when you put a child on a parent’s bank account is that the child begins to take money for his or her personal use, while the parent is still alive. When this happens, it is almost impossible to get the child taken off the account.

There is a better way for a parent to get help with their finances. The parent can give an agent of his or her choosing a Power of Attorney (POA) for finances and property. The POA gives the agent the authority to help pay bills, sell property, apply for Medicaid, or do any other needed transactions. If a problem arises in the way that the child uses the POA, it is easily revoked. In addition, the Power of
Attorney ends when the parent passes away, so the child cannot withdraw any sums remaining in the account at the parent’s death.

Using a Durable Power of Attorney for Finances rather than putting a child on the bank account as a joint owner can avoid many problems.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

December 2022

Friendship is a Priceless Gift

Tip – Why not reconcile with someone this Holiday Season?

I have always been intrigued by the story of Thomas Jefferson and John Adams. Here is the story as told by the History Channel.

https://www.history.com/this-day-in-history/thomas-jefferson-and-john-adams-die

Former Presidents Thomas Jefferson and John Adams—who were once fellow Patriots and then adversaries—died on the same day, July 4, 1826, within five hours of each other.

Thomas Jefferson and John Adams were the last surviving members of the original American revolutionaries who had stood up to the British empire and forged a new political system in the former colonies. However, while they both believed in democracy and life, liberty, and the pursuit of happiness, their opinions on how to achieve these ideals diverged over time.

Adams preceded Jefferson as president (1797-1800); it was during this time that their ideas about policymaking became as distinct as their personalities. The irascible and hot-tempered Adams was a firm believer in a strong centralized government, while the erudite and genteel Jefferson believed federal government should take a more hands-off approach and defer to individual states’ rights. As
Adam’s vice president, Jefferson was so horrified by what he considered to be Adam’s abuse of the presidency—particularly his passage of the restrictive Alien and Sedition Acts of 1798—that he abandoned Adams and Washington for his estate at Monticello, Virginia. There, he plotted how to bring his Republican faction back into power in the presidential election of 1800. After an exceptionally bitter campaign, in which Jefferson and Adams engaged in slanderous attacks on each
other in print, Jefferson emerged victorious. It appeared the former friends would be eternal enemies.

After Jefferson’s two presidential terms (1801-1809), Jefferson and Adams each expressed to third parties their respect for the other, and their desire to renew their friendship. Adams was the first to break the silence; he sent Jefferson a letter dated January 1, 1812, in which he wished Jefferson many happy new years to come. Jefferson responded with a note, in which he fondly recalled when they were fellow laborers in the same cause. The former revolutionaries went on to resume their friendship over 14 years of correspondence during their golden years.

On July 4, 1826, at the age of 90, Adams lay on his deathbed while the country celebrated Independence Day. His last words were, “Thomas Jefferson still survives.” He was mistaken: Jefferson had died five hours earlier at Monticello at the age of 83.

Epicurus said, “Of all the things which wisdom provides to make life entirely happy, much the greatest is the possession of friendship.” This Holiday Season may we mend a quarrel and remember a forgotten friend.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

November 2022

Resources for Seniors

Tip – Do you know what resources are available to help Seniors?

Many families, who provide care to a loved one, need help but don’t know where to find it. There are many resources available if you know where to look for them. For example, the Area Agency on Aging in Pocatello, also known as SICOG, has the following programs:

Idaho Lifespan Respite. Often, caregivers providing care to someone with a significant disability or chronic illness are unable to get out of the home to do shopping and other things they need to get done. Lifespan Respite gives caregivers a break. It allows the caregiver to hire someone and provides funds to pay for up to 10 hours of respite care a month. To be eligible the caregiver must be providing unpaid service to a loved one with whom they live or to whom they are providing frequent on-site visits throughout the day.

Additionally, Seniors, who live alone and do not have a caregiver, may qualify for 10 hours a month of in-home care at no cost to them.

Veteran-Directed Home & Community Based Services. Veterans in this program are given a flexible, monthly budget to help them hire personal care aides and buy items and services that will help them live independently in their own home. A care advisor from the local Area Agency on Aging will work with the Veteran to identify care needs and assist in developing a spending plan to obtain
the needed services.

Pro Age Connections. This program helps seniors who may need social contact. Volunteers reach out to those seniors by sending monthly post cards and making regular phone calls to seniors who sign up for the program.

Adult Protective Services. Adult Protective services protects vulnerable adults from abuse, neglect, and exploitation. If you know a vulnerable adult who is not getting the care they need, adult protective services are available to assist.

\If you or your family feel that you may qualify for some of these services, contact your Area Agency on Aging. They are located at 214 East Center Street, Pocatello, Idaho 83201, 208-233-4032 / 935 East Lincoln Road, Idaho Falls, Idaho 83401, 208-522-5391.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

October 2022

Homestead Allowance and Exempt Property Claims

Tip – You may want to take Homestead Allowance and Exempt Property
claims into account when you do your estate plan.

Many people are not aware that Idaho law allows a surviving spouse to claim a Homestead Allowance and Exempt Property from the estate of a spouse who has passed away, in addition to any property that he or she will receive under the will.

Idaho Law states that the surviving spouse is entitled to a Homestead Allowance of $50,000.00 and to Exempt Property up to the value of $10,000 in tangible personal property—including automobiles, furniture, appliances, family heirlooms and personal effects—from the estate of his or her spouse at the spouse’s death.

This is significant in second marriages when one or both spouses have children from a prior marriage, and they want to ensure their children receive something from their estate. For example, a person may provide in a will that property goes to his or her children, but when the person passes away, the surviving spouse claims the Homestead Allowance and the Exempt Property, taking $60,000.00 from the estate that was intended to go to the children. In some cases, there may
not be sufficient assets left in the estate to make the distributions to the decedent’s children that were intended.

There is a way to limit the Homestead Allowance and Exempt Property claims. Idaho Code § 15-2-406 states that a person may state in his or her will, that a surviving spouse is not entitled to the Homestead Allowance or any Exempt Property. If the person states this in his or her will, it prevents the surviving spouse from making a Homestead or Exempt Property claim.

The bottom line is that with careful planning, you can draft your will, to make sure
your intent will be carried out.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

September 2022

Affidavit of Heirship

What if I didn’t probate my parent’s estate? What do I do now?

Sometimes when a son or daughter tries to sell the home of a parent who has passed away, he or she discovers that the home cannot be sold because the parent’s name is still on the title to the property. A realtor may tell them that they need to probate to get the names off the title; however, often when the son or daughter talks to me about probating their parent’s estate, I discover that the
parent died more than three years ago.

Idaho Code §15-3-108 provides that no probate proceeding may be commenced more than three years after the decedent’s death. Since the parent died over 3 years ago, probating the estate is not available. What can be done to get the parent’s name off the title to the property, so it can be sold?
The solution is to prepare and record an affidavit of heirship. Pursuant to Idaho Code §55-816, §15-3-101, §15-3-901 an affidavit is made for the purpose of establishing that any real property in Idaho owned by the parent at the time of his or her death, eventually devolved to the children of the parent. The affidavit is recorded in the county where the property is located. Title companies will accept the affidavit of heirship and issue title insurance, allowing the property to be sold.

When buying property, buyers need certainty that the property has a good title. When a spouse dies, the couple’s house does not automatically pass to the surviving spouse, unless the property is held as “community property with a right of survivorship.” The house does not automatically pass to the persons named in a will. Probate, an affidavit of heirship, or some other legal process is required to
clear the title to the property.

View our “Senior’s Guide to a Well-Planned Future” on our website! Packer Elder Care Law – with you for life!

Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.

August 2022