Jarvis Law Office

VA Health Care: What Every Veteran Should Know

There are a number of benefit programs available for senior citizens in the United States, especially if they lack financial resources. However, one benefit is available to only a select group of people – VA Health Care Benefits. If your parent is a veteran that served our country on active duty and received any discharge other than dishonorable, they may be eligible to receive VA Health Care benefits from the Veteran’s Administration.

The VA will automatically enroll veterans in its health care program if the care is related to a service-related injury, or if your parent has a disability rating of 50% or more with the disability stemming from their time in the service. Otherwise, your parent can apply for benefits at Community-Based Outpatient Clinics or contact the local  Veterans Service Commission for help with their health care benefits. A local elder law attorney can also assist you or your parent with applying for VA Health Care benefits.

As with other benefits, there are financial requirements that must be met in order to receive VA benefits. There are a number of income thresholds when determining VA eligibility, and it’s important to speak with an Ohio elder lawyer to get the best view of your parent’s financial situation and what kind of VA Health Care benefits are available to them. In addition, an elder law attorney may also speak to you about the possibility of a VA Trust, which is a type of irrevocable trust that can protect your parent’s assets while also allowing them to receive VA benefits.

Once receiving VA Health Care benefits, veterans are typically eligible to receive care in the form of doctor’s visits, emergency medical care, and in-patient hospital stays, in addition to others like mental health care. There may be co-pays and deductibles involved with some of these types of care, so you may want to consult with an elder law attorney to get a better picture of what the VA Health Care benefits will provide according to your parent’s situation.

For more information about applying for VA Health Care benefits or how to help your parent protect their assets while receiving VA benefits, please contact our Ohio elder law offices at 1-877-653-3450 to schedule a free initial consultation.

Is Your Parent Ready for Assisted Living?

It can be a difficult situation when you suspect your parent is not capable of living on their own anymore. This is a person you’ve looked up to your whole life for guidance and strength, and now they are entering a stage of life where they may be losing the ability to care for themselves. It’s not easy for either you or your parent to address the situation, and if left unaddressed, your parent may very well miss out on the care they need and deserve. However, there are some helpful ways you can approach the subject if you believe your parent can no longer live alone and needs the help of an assisted living community.

Typically, an objective third party can help start the conversation about assisted living care. This may be a physician, geriatric care manager, elder law attorney, or another professional who is experienced with age-related issues. Speaking with one of these professionals can be especially helpful if your parent is suffering from physical or mental effects of aging, and you’re not sure what level of care is appropriate for your parent. A professional can help assess the level of care necessary at the present and also help prepare you for the type of care your parent may need in the future.

Keep in mind that while assisted living communities provide a certain amount of care, you should select a place that offers an appropriate level of independence for your loved one, as well. For example, some communities will handle cleaning and laundry for their residents, but those residents still have the ability to cook for themselves. Others provide transportation to doctor appointments or social activities, but also allow seniors to park and drive their own vehicles if they’re still able. This kind of independence is important for seniors who do not yet need round-the-clock care, as it allows them to maintain an active, social lifestyle and not feel as though they’ve lost all control. It’s important to speak with your parent to determine their wishes and, once again, to consult with an elder care professional to get an accurate assessment of the type of care your parent requires.

For more information about assisted living communities and how to help your parent make the transition from living at home, please contact our Ohio elder law offices at 877-653-3450 to schedule a free initial consultation.

Is Ohio Home Care Right for Your Parent?

It is the goal of many senior citizens to stay in their own home as long as they can. However, as physical abilities decline and health problems mount, it’s not always a possibility. Long-term health care within the confines of a senior’s home is a solution, but it must fit in with a senior’s individual situation. If you’re considering arranging long-term home care for your parent, you should speak with an Ohio elder law attorney to find out if it’s the right move for your parent.

For example, if your parent is in need of round-the-clock, intensive health care, a home care set up may not be the best solution. The financial cost may be too much to handle, and planning for the different types of care your parent needs can become difficult. In this case, an assisted living community or skilled nursing facility could be the best choice for your parent. Seeking out the opinion of professionals who are experienced with elder care issues, such as geriatric care managers, geriatricians, and elder law attorneys, can help you determine the right type of care for your parent.

If it’s determined that your parent is capable of receiving care in their own home, there are several advantages they can benefit from, the most important being the feeling of independence and the comfort of remaining in their own home. These feelings cannot be overestimated, as the positive impact on their mental health can also provide some benefits to their physical health. However, it’s also important to note that socialization and companionship can affect your parent’s mental state. So, if they do stay in their own home, arrangements should be made for them to meet with friends and family on a regular basis, or to make trips to senior centers or adult day care centers.

Unfortunately, while home care may work for your parent during the current stage of their aging process, there’s no guarantee that they will be able to remain in their home for the duration. While your parent is still in his or her home, you should take the time to examine what other options are out there in the event that their required level of care increases, and how you can transition them from their home to a senior care community.

For more information about home care and how to help determine if it’s right for your parent, please contact one our Ohio elder offices at 877-653-3450 to schedule a free initial consultation.

Plan Ahead to Avoid Probate in Ohio

Avoiding probate is typically the number one goal of people who go through the estate planning process. Probate is an expensive, time consuming, and public process that concerns solely-owned assets held by a decedent at the time of their death. There are strategies to avoid probate proceedings as much as possible, but each state has its own unique laws and regulations concerning probate and ways to avoid the process. Here are some of the issues to keep in mind when seeking to avoid probate in Ohio.

 

Transfer-on-Death and Payable-on-Death Designations

Ohio allows for Transfer-on-Death (TOD) designations on a number of assets and property. These include stocks and bonds, real estate property, and even automobiles. Additionally, Payable-on-Death (POD) designations can be made on bank accounts. A beneficiary must be named on TOD and POD designations, and they will receive the property after your death without those assets having to pass through probate. An Ohio estate and elder law attorney can advise you on the best way to implement TOD and POD designations in your estate plan, and can answer any questions you may have about the beneficiary designations.

Living Trusts

A revocable living trust is the most common estate planning document that will help avoid probate proceedings. A trust is made by a Grantor and controlled by a Trustee – and, in most cases, the Grantor and the Trustee are the same person. Assets transferred into the trust by the Grantor are considered trust property and are under the control of the Trustee, and, in the eyes of the probate court, they no longer count as probate assets. An Ohio estate and elder law attorney can tell you whether a revocable living trust is a good fit for your situation.

Joint Ownership

Since only solely-owned assets have to pass through probate, jointly-owned assets can pass right to the joint owner. Joint tenancy and tenancy by the entirety concern real property deeds, and those deeds must be written in a certain way to ensure that the property correctly passes to the joint owner upon death. Other forms of joint ownership concern financial accounts and automobiles.  However, there can be unintended consequences to joint ownership.  Consequently, before you change ownership on any of those assets, you should consult with an elder law attorney.

For more information about probate proceedings in Oho and how we can help determine the best strategy for avoiding probate, please contact our Ohio estate and elder law offices to schedule an appointment at 877-653-3450.