by Jerrold Bartholomew on June 13, 2008
There are two apparently contradictory themes running throughout this blog and indeed the field of elder law in general. On the one hand, one is regularly advised to plan ahead for long-term care needs with asset protection trusts and similar techniques. On the other hand, the law changes so rapidly in Medicaid qualification that pre-planning seems impossible. For just a few examples consider that recently a cap has been placed on the value of the automobile you can buy, the state has to be named as a remainder beneficiary on annuities, and estate recovery has been enacted. The list of changes is seemingly endless and the pace of change is rapid. So how is it possible to advise people to plan ahead when the law could be different tomorrow?
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by Jerrold Bartholomew on June 12, 2008
How lax is security at Alzheimer’s facilities in Germany? This story apparently answers that question and explains that fake bus stops are used to gather in patients who wander away:
“It sounds funny but it helps,” said Franz-Josef Goebel, the chairman of the “Old Lions” association.
The result is that errant patients now wait for their trip home at the [fake] bus stop, before quickly forgetting why they were there in the first place.
“Our members are 84 years old on average. Their short-term memory hardly works, but the long-term memory is still active.
“They know the green and yellow bus sign and remember that waiting there means they will go home.”
I have never seen a facility in Michigan that would allow patients out the door, never mind rely on a fake bus stop to retrieve the patients. I wonder, however, whether this story has been reported with complete accuracy or if something has been lost in translation. I cannot believe that an Alzheimer’s ward would allow patients to wander off unobserved. It makes more sense that the fake bus stops are used as a form of therapy: if the patients feel that they must try to return home, the bus stop can allow them to scratch that itch. And going out to the bus stop will give the patient some exercise. But I would be interested to hear the thoughts of others with some expertise in the care of Alzheimer’s patients. Can this story be accurate as reported?
by Jerrold Bartholomew on June 3, 2008
There are a variety of reasons why one may wish to rescind an irrevocable trust, even if only in part. For instance, it may be the case that an irrevocable trust was established in order to shield assets from the cost of long term care, but long term care is needed before the five year look back period has elapsed. The assets of the trust are therefore needed to pay for long term care. The ability to return assets directly from the trust to pay creditors will provide a simple solution for executing an alternative spend down plan or paying through the remaining look back period.
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