Elder law is a specialized area of law focused on legal needs of persons as they age.  Elder law focuses on the legal and financial issues including planning on how to pay for long-term care, planning in the event of incapacity, representation for guardianship and conservatorship, and probate administration for families managing estates after death.

Alzheimer’s Long-Term Care Planning

According to an open letter to Washingtonians written by former governor Jay Inslee, in 2020, more than 125,000 Washington residents were living with Alzheimer’s Disease or another type of dementia.  By 2040, it is expected that that number will increase to more than 270,000.  For those individuals and families affected, they can shoulder a life-changing impact on their health, emotions, and finances.

While there is currently no known way to cure Alzheimer’s disease, planning tools can be put into place to ease the burden by providing a protective structure to lock-in decision making while capacity exists.  Planning also helps ensure that medical wishes are honored and can reduce stress and conflict for loved ones and allow a person to express wishes for their care and legacy.

Planning as early as possible after a diagnosis and when a person has decision-making capacity is a powerful planning tool.  If incapacity planning isn’t done early enough, a loved one may need court-authority to act.  With Alzheimer and dementia planning, decision-making can be kept private, legal costs can be reduced and delays can be avoided if an emergency arises.

How to Pay for Memory Care

Long-term care, especially memory care is expensive.  In King County, the cost can exceed $10,000 per month. For a family watching a loved one progress through Alzheimer’s disease or another form of dementia, the cost of care can feel overwhelming.

Many families begin paying for long-term care out of pocket.  However, due to the high cost of care, private funds can be exhausted.   Costs in long-term care facilities increase every year.  Without a plan, families can be left in a crisis scrambling to sell assets, deplete savings, or make rushed decisions about care quality.

Knowing your options for paying for care can be critical.  And, knowing your options before a crisis gives your family more choices, more control and more protections.  When planning is started earlier, more options are available.

Medicaid Planning Attorney in Bellevue, WA

Medicaid planning is part of a broader long-term care and incapacity planning strategy.  Medicaid has strict requirements about income, assets and transfers in order to qualify and stay on the program.

Medicaid is a needs-based program that covers long-term care costs such as nursing or, in some situations, in-home care.  Medicaid is a joint state and federal program.  Medicaid is distinct from Medicare.  Many people are surprised to learn that Medicare does not cover long-term assisted living or memory care.

The Medicaid rules are complex and state specific.  Medicaid planning is highly technical and must be done carefully to avoid penalties or disqualification.

When to Start Planning for Alzheimer’s Care

Planning ought to be started immediately after one receives a diagnosis and ideally before a diagnosis. Advanced planning provides the most options including long-term strategies designed to preserve assets for a spouse, family members or future needs.

Planning for Long-Term Care is complicated, but you don’t have to figure it out alone.  We assist clients with

• Navigating the ways to pay for long-term care needs
• Medicaid eligibility analysis
• Accessing the best care for their loved ones
• Durable Power of Attorney
• Health Care Power of Attorney
• Living Will/Advanced Directive
• HIPAA Authorization
• Medical Advanced Health Care Directive