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Medicare vs. Medicaid – Law Office of Angela Odensky

Recently I received a phone call from a concerned daughter whose 94-year-old mother had just moved to assisted living. A well-intentioned friend had convinced her that she needed to contact an elder law attorney to talk about “Medicare Estate Recovery.” The well-meaning friends had convinced the daughter that Medicare would seek reimbursement for expenses paid by the program. It wasn’t just that the friend had mixed up the names of the programs; the friend had mixed up the programs themselves. As I told her, there is no such thing as Medicare Estate Recovery; what the well-intentioned friend was referencing is Medicaid Estate Recovery, which is the subject of a different article. The daughter’s mom was in assisted living being paid for by the proceeds of her house sale, and at 94 she was doing just fine. I assured the daughter that because the State of Texas had not spent any resources on her mom’s care, the state would not have anything to recover. I often get calls where people have confused Medicare and Medicaid, and I’ve seen the same kinds of mistakes from other attorneys who do not practice in this area. The names are remarkably similar, but the programs are different in every way except that they are both government health programs. First, Medicare is like private health insurance and is administered by the Social Security Administration. It is an entitlement, meaning that if you paid into the system over your years of employment, you are entitled to receive the benefit. You pay a premium based on certain individual factors, and you get coverage. You can receive additional coverage through supplemental plans as well if you choose to purchase them. There are rules about what Medicare will and will not cover and healthcare providers who either accept Medicare or do not. Every citizen is eligible at 65, younger if they have a disability determined by the Social Security Administration, and there are no income or asset requirements. A 65-year-old billionaire has just as much right to access Medicare as a 65-year-old living on a fixed income. Medicaid is a different animal all together. The Medicaid program is operated as a partnership by the federal and state governments. Medicaid is funded by both federal and state money, but the program is administered by each state, meaning that every state’s Medicaid program is different from every other state’s Medicaid program. Medicaid offers a variety of different programs, some are means-tested, meaning income and assets are reviewed to determine qualification, some are not. Medicaid may be to persons who are blind, disabled, or elderly, as well as families, children, and pregnant women who meet the financial requirements. The bottom line is that Medicare is a medical insurance benefit that is earned by those who have worked to pay into the system; Medicaid is a group of needs-based programs that help specific people who qualify.

Death of an icon:the Stan Lee story – Law Office of Angela Odensky

The death of Stan Lee, the famous cartoonist and Marvel publisher, is a tale with a dark end. For the last decade of his life, various advisors inserted themselves into Lee’s life and wreaked havoc on his financial fortune; a fortune that was whittled away because, while he had an estate plan in place as well trusts and designated powers of attorney, his selected agents took advantage of him. The life, death, and estate of Lee highlights the importance of an estate plan as well as carefully choosing the right people to help protect you. A Cast of Characters Much like Lee’s famous comic book characters, there were people surrounding him who had both good and seemingly evil intentions. Unfortunately, the less savory of the lot seemed to dominate and these people were placed in positions to take advantage of the American hero. Most recently, Lee’s trusted business manager and long-time friend was charged with five counts of elder abuse, reportedly stealing millions. Charges included theft, embezzlement, forgery, fraud, and false imprisonment. Serving as assistant and caretaker, he infiltrated Lee’s everyday life and assumed control of daily decisions including business and financial affairs, even establishing himself as Lee’s media contact. As gatekeeper, he limited access to family and friends effectively isolating Lee at the end of his life. He even moved Lee from his residence to a condominium to further instill control. But, this transgression from a trusted confidante is only one betrayal in the decline of Lee’s estate estimated valued upwards of $70 million. Additionally, there were a number of people who sought to take advantage of this elderly American icon including a security guard who was hired to coordinate Lee’s Comic Con schedule and provide protection. He ultimately was accused of bilking the estate $8 million in cash and memorabilia. And, Lee’s “senior advisor”, a man who had a lengthy record of liens and tax evasion, bought millions of dollars of real estate in Lee’s name, forging documents, and stealing property and money from Lee’s retirement account. Lastly, Lee’s own daughter has been implicated in wild spending sprees and inappropriate behavior. The Benefits of Planning Ahead No matter the size of estate, the goal should always be to preserve and distribute it upon your death in the manner you desire. It should also seek to provide protection during your life. Had Lee’s existing estate plan been protected by trusted advisors, his estate would have been better secured against the nefarious cast of characters who sought to cheat and steal from him. While this is an extreme example, even small estates can fall victim when there is no estate planning, insufficient planning, or appointed advisors who don’t have the wellbeing of the estate in mind. A good estate planning attorney can protect your estate for your heirs while overseeing fair division of property and safeguarding assets both upon your death as well as during any physical or mental incapacitation. They can advise you to choose someone to manage your affairs and give you options to help protect against exploitation. Contact Angela Odensky with your estate planning questions today at info@odenskylaw.com or (713) 344-0730

6 Ideas You Can Use Right Now to Help Older Adults in Your Life

Each of us knows that caring for the older adults in our lives is not just about spending time with them; it is about taking actionable steps to improve their quality of life. What do they need to live their best lives at their age, be able to safely age-in-place, and to age with dignity? Each day we answer questions just like these with our clients, colleagues, and friends in the community. In addition, during National Older Americans Month, let us share six practical ways you can make a significant difference right now. 1. Ask honestly about what they need. Start by asking the older adults in your life exactly what they need help with. This could be anything from understanding a new medical diagnosis, managing daily chores, or even navigating legal issues like estate planning. By asking directly, you can be sure you are providing the support that is truly needed. 2. Accompany them to medical appointments. While it may seem like a small task to you, attending doctor’s appointments with older adults can help them better understand their health conditions and treatment options. This is especially crucial when they receive a new diagnosis which might be overwhelming to comprehend on their own. Adding a listening ear can make such a difference. 3. Offer assistance with grocery shopping and errands. Mobility issues or cognitive impairments can make routine outings challenging for aging loved ones. Offering to help with grocery shopping or running errands can significantly alleviate their daily stresses and contribute to their independence as well as ability to age-in-place. 4. Help organize their financial affairs. Financial management can become increasingly difficult with age. You can assist by helping them organize their financial documents, understand their expenses, and plan for future needs. This oversight can provide both of you with peace of mind, especially as long-term care needs increase. 5. Ensure their home is safe and accessible. Work with the aging adults in your life to modify their living environment to make it safer and more accessible. This might involve installing grab bars in the bathroom, installing good lighting, and removing trip hazards to prevent falls. 6. Connect them with the right estate planning attorney. Estate planning is crucial to ensure that their wishes are honored. Help them find an estate planning attorney who understands their unique needs and can offer personalized advice. A good attorney can make certain that their estate is in order, from drafting a will to setting up healthcare directives and powers of attorney. Each of these steps offers a meaningful way to improve the quality of life for older adults, showing them that they are valued and cared for. Remember, the best approach is always to listen first so you can understand their needs directly from them, and then act. If you or your loved ones need professional guidance, especially concerning legal matters such as estate planning, do not put off consulting with a specialized attorney who can provide tailored advice suited to your unique situation. Feel free to contact our office. We are dedicated to providing expert guidance tailored to meet the specific needs of older adults and their families. We are prepared to help you navigate these complex issues with empathy and expertise. We aim to help you feel secure about these things with good estate and long-term care planning. Get in touch with us to chat more about this!

You Are Not Alone When It Comes to Navigating Nursing Home Planning

We know choosing the right nursing home for yourself or a loved one can be a daunting task, but you do not have to face it alone. An experienced elder law attorney can be an invaluable ally in navigating this complex journey. Your attorney will bring not only their expertise in legal matters but also a compassionate understanding of the emotional challenges that accompany such decisions. Their role is to ensure that you feel supported and informed at every step, from selecting the right facility to meet care needs to figuring out how to finance it. Let us share with you just a few ways an elder law attorney can help simplify the process and provide peace of mind during what can often be a difficult time. The first step in long-term care planning is understanding the specific care needs involved. Elder law attorneys are well-versed in assessing these needs and helping you understand the level of care you or an aging loved one may need. Whether round-the-clock care, specialized medical attention, or more independent living options are needed, your attorney can help guide you to the right facilities that meet these needs. Paying for long-term care is often one of the biggest concerns for families. Elder law attorneys are equipped to help you explore all available options to finance this care including, but not limited to, the following: Private payment options. For those who have the resources, private pay might seem straightforward. However, an attorney can provide advice on how to utilize these funds in the most effective way, possibly extending the longevity of these resources through strategic planning. Long-term care insurance. If you have long-term care insurance, an attorney can help interpret and leverage these policies to maximize the benefits while minimizing out-of-pocket expenses. Veterans' Benefits. For veterans and their spouses, additional benefits may be available. An elder law attorney can assist in applying for any benefits for which you may be eligible, ensuring all paperwork and documentation are handled correctly. Navigating public benefits. The maze of public benefits, especially Medicaid, can be particularly challenging. Medicaid may cover the payment for many aspects of nursing home care, but qualifying for it requires careful planning and navigation. Asset protection. An elder law attorney can provide guidance on legal strategies to protect your assets, ensuring eligibility for Medicaid while preserving as much of your wealth as possible. Application process. They can help with the entire Medicaid application process, ensuring that all the criteria are met and that the application is complete and submitted properly to avoid delays. The process of selecting and paying for long-term care is filled with legal, financial, and emotional challenges, but you do not have to navigate it alone. An elder law attorney can provide the guidance and support you need to make informed decisions, offering peace of mind that you and your loved ones are well cared for both now and in the future. If you are starting to think about this important planning, or if you are in the midst of making these critical decisions, remember that professional advice is just a phone call away. We are prepared to help you navigate these complex issues with empathy and expertise. We aim to help you feel secure about these things with good estate and long-term care planning. Get in touch with us to chat more about this!

Understanding Angela’s Role as a Certified Elder Law Attorney (CELA)

There is no question that navigating the complexities of elder law requires specialized knowledge and experience. Our attorney, Angela Odensky, is a Certified Elder Law Attorney (CELA) from the National Elder Law Foundation, and offers precisely that. As part of a virtual law firm serving clients in Texas and Washington, Angela provides exceptional legal services tailored to the unique needs of the elderly and their families. Elder law is a specialized area of legal practice focused on issues that affect the aging population. It encompasses a wide range of legal matters, including, but in no way limited to, the following: Estate planning, Long-term care planning, Medicaid and Medicare issues, Guardianship, Protection from elder abuse. Elder law attorneys help seniors and their families plan for the future, protect their hard earned savings, and ensure that their legal rights and wishes are respected. This field requires a deep understanding of both the law and the unique challenges faced by older Americans. But, what is a Certified Elder Law Attorney (CELA)? A Certified Elder Law Attorney (CELA) is a designation awarded by the National Elder Law Foundation to attorneys who demonstrate a high level of proficiency and dedication to the field of elder law. This certification signifies a commitment to helping seniors and their families navigate legal issues related to aging, healthcare, and estate planning. Angela's CELA designation ensures that she possesses advanced knowledge in various aspects of elder law, including Medicaid planning, long-term care, guardianship, and estate planning. Her expertise allows her to provide comprehensive legal solutions that address the unique challenges faced by seniors. Beyond this specialization and recognition, our firm embraces a holistic approach to elder law. Angela's approach goes beyond traditional legal services. She takes a holistic view of her clients' needs, considering not only their legal issues but also their overall well-being. This means addressing financial planning, healthcare decisions, and family dynamics to create a thorough and effective plan. Working with Angela and our entire firm means receiving compassionate and personalized service. We understand the emotional and practical challenges that come with aging and are dedicated to providing support and guidance every step of the way. Our virtual practice allows for convenient and accessible consultations, ensuring that our clients can receive the help they need from the comfort of their own homes. One of Angela's primary goals, which is a shared focus for our entire practice, is to provide peace of mind for families. By creating detailed and customized legal plans, we can help ensure our clients' wishes are respected and that their families are protected. This includes planning for incapacity, protecting hard earned savings, and ensuring that healthcare decisions align with their values and preferences. The field of elder law is constantly evolving, with new regulations and policies regularly emerging. Angela stays up-to-date with these changes to provide the most current and effective legal advice. Her ongoing commitment to education and professional development ensures that her clients benefit from the latest legal strategies and protections. With her expertise, you can navigate the complexities of elder law with confidence and peace of mind. We are prepared to help you navigate these complex issues with empathy and expertise. We aim to help you feel with good estate and long-term care planning. Get in touch with us to chat more about this!

Did You Know 2024’s Big Law Change Could Impact Your Business?

What do superstars Aretha Franklin, Prince, Sonny Bono, Amy Winehouse, and most recently Chadwick Bozeman have in common? They all died without a will. Amazingly, these wealthy celebrities who seemingly had access to unlimited financial resources and advisors didn’t have a will specifying who their property was to go to upon their deaths. Likely, they had families, friends, loyal staff, foundations, and charities that they would like to have left resources to, however, their lack of foresight has resulted in a situation that will take a great deal of time, effort, and money, as well as legal expertise, to sort out. Most of us will die without leaving such a financial legacy, but we do want to protect our assets and make certain that those who we wish to inherit our estates and property are named and protected. If You Die Without A Will If you die without a will in the State of Texas, you are said to have died intestate. When someone dies intestate, Texas law clearly outlines how the estate will be distributed in the Texas Probate Code. The State will not step in and seize all property of those dying without a will — the law however will draw a distinction between separate property and community property which you may not have done had you specified the distribution of your property in a legal will. How Will My Assets be Distributed? Instances such as second marriages, children by different spouses, surviving spouses, dying without having children or a spouse, etc. are all addressed by Texas law if someone dies without a will. And, while Texas law establishes a way to determine heirs, dying intestate and the division of property may not be in accordance with what you had envisioned while you were living. Additionally, dying without a will can be emotionally draining upon family members at an already stressful time. Ensuring Property DistributionTo ensure that your estate is divided as you desire, and to avoid costly legal expenses, you should seek the advice of a legal professional and make sure you have a valid and up-to-date Texas will clearly outlining division of your property upon your death. Contact Angela Odensky (angela@odenskylaw.com) to guide youthrough the process and create a legal will in Texas that specifies exactly|where your property will go and that honors your wishes.

New Year, New Plan: The Easy Button to Refresh Your Texas Estate Plan in 2024!

Happy New Year! It's a great time to check and update your estate plan. Estate planning means making a plan for your money and property for when you're not here anymore, or can’t make your own decisions. It's really important to make sure everything is in order, especially because laws can be different in each state. In Texas, where our law office is, we know a lot about these laws and can help you with your specific needs. If you live in Texas, and haven’t created a plan or have had major life changes that could affect your current plan, like getting married, having a baby, or getting new things, we're here to help you put a plan in place or update your plan. Here are six key things you should think about for your estate plan in Texas: Know Texas Laws. Texas has its own rules about estates, like house laws and probate (court process after someone dies). Our lawyers know all about these and can make sure your plan follows them. Plan for Your Kids. If you have young kids, you should choose someone you trust to take care of them and think about setting up a trust to help with their future. Think About Long-Term Care. It's smart to plan for when you might need extra care when you're older. Talk to us about insurance and plans for the future as you age, as well as what long-term care really means for you and your family. Update Who Gets What. Life changes, like getting married or having a baby, mean you should look at who you've said will get your money and things. We can help make sure it's all up-to-date. Consider Taxes. We can help you understand taxes after you're gone and find ways to handle them best, like giving gifts or setting up certain trusts. Plan For If You Can't Make Decisions. Include legal documents like a power of attorney and a living will in your plan. These say what you want if you can't make decisions yourself. Keep these updated too. To sum up, the start of the year is a perfect time to make sure your estate plan is current and does what you want it to. We'll help you keep it working right and answer any questions. This gives you and your family peace of mind. Our law firm focuses on helping people who take care of both their kids and aging parents, known as the "Sandwich Generation." We understand the worries about what will happen to them and how to pay for long-term care. We aim to help you feel secure about these things with good estate and long-term care planning. Get in touch with us to chat more about this!

Estate Planning is a Family Affair

Estate planning is a family, and sometimes friend, affair. When you finally sit down and begin thinking about how you want to plan for your family’s future, you have to consider the people who are going to be impacted by your estate plan. I don’t just mean those who will be your beneficiaries, but rather the people you have chosen to handle your affairs. Depending on your situation, you may want to fill five primary positions: Power of Attorney, Medical Power of Attorney, Executor, Guardians, and Trustees. These are your “fiduciaries.” You may have heard the term “fiduciary” in legal or financial conversations. A fiduciary is someone with a legal responsibility to handle certain affairs on behalf of someone else. These five positions are there to handle specific aspects of your affairs on your behalf or the behalf of your estate when you still living but unable to manage your affairs and after you have died. POWERS OF ATTORNEY AND MEDICAL POWERS OF ATTORNEY These two documents allow you to determine who has the authority to make certain decision regarding your finances and health while you are still living if are not able to do so. Unlike Guardianship, discussed below, a power of attorney does not reduce or diminish your rights. It merely allows another to act on your behalf if you need someone to step in. GUARDIANS A guardian is someone who has the authority to make all decisions for a person under the guardianship. This is to be used in situations where there is a minor in need of a guardian or when an adult is incapacitated and is no longer capable of making decisions. There are two types of Guardians you may need to consider: one for your children and one for yourself in the case of incapacity. The Guardians for your children can be named in your will or in a separate guardianship document should there be a concern of incapacity. As for naming a Guardian for yourself in the case of incapacity, Texas allows you to designate a guardian prior to need. The Guardians can be Guardians of the estate, who handle the financial side, or Guardians of the Person, who can make decisions on behalf the minor or incapacitated person. A Guardian of the Person should be someone you trust to make decisions you would agree with for yourself and your children. A Guardian of the Estate is someone you would trust to make sound financial decisions in the interest of your estate. A Guardian of the Person and Guardian of the Estate do not have to be the same person. Before you designate your Guardians talk to them about what you expect from them and how they might manage your affairs. TRUSTEES If you choose to set up a trust, you will need to appoint a Trustee. Similar to a Guardian of the Estate, you want a Trustee who is financially competent. There are professional trustees through banks and other financial institutions that serve as Trustees for large estates, but for most families, whose estates are more modest, a Trustee will usually be a family member or close family friend. The Trustee will be the one holding the checkbook and making all the financial decisions regarding the trust you have set up. EXECUTOR The Executor is the person who handles the legal aspects of having your Will verified and administered. When choosing how to fill this position, you want to think about the personalities of those around you. This person needs to be a detail-oriented person who can manage deadlines and isn’t overwhelmed by having to deal with attorneys and legal paperwork. Above all, remember these positions can be a significant responsibility. It is not a family popularity contest. It is important to choose the right person for the right job. When you engage in estate planning, there are more concerns than merely deciding who will receive the heirlooms. Think about the people who will be the best fit for these crucial positions and then discuss them with your estate planning attorney.

Are You Making a Plan for Tomorrow When Your Loved Ones has Disabilities?

There is no easy way to start this conversation but it is something that is really important, especially for families with loved ones who have disabilities. Did you know that planning ahead for your family’s future can make a huge difference? It’s like drawing a treasure map so that everyone knows where the treasure (your family's future happiness and security) is hidden. In fact, this month of March we are reminded that it is National Developmental Disabilities Awareness Month, which is a great time to learn and talk about the importance of supporting our friends and family members with disabilities. But why should you plan now? After all, you have so much to do each day! Let us share a few reasons why you want to start planning your estate early right here with you. Send a Big Hug for the Future. Imagine giving your family a big, warm hug that lasts even when you're not around. Planning your estate early is just like that! It means making sure that your loved ones, especially those with disabilities, are taken care of in the best way possible. Special Plans for Special People. When someone in your family has a disability, they might need extra help or special care. By planning your estate early, you can make sure that they have what they need to be happy and comfortable, without any worries. Even if you are no t here anymore. Create a Smooth Path Ahead. Life is full of surprises, but some surprises can make things tough for your family if you're not prepared. Planning your estate helps make the path smoother for everyone, no matter what surprises come your way. Keep the Treasure in the Family. You've worked hard for your treasure, which is everything you own and want to pass on, right? Planning your estate helps make sure that your treasure goes to the people you love, like your family, and not anywhere else. There is no wrong time to start planning but National Developmental Disability Awareness Month is a perfect time to start thinking about planning your estate, especially if you have loved ones with disabilities. It's a month dedicated to understanding and celebrating the contributions of people with disabilities, as well as recognizing the special considerations they might need. We want to answer your questions. We are a law firm that understands estate planning for families with disabled members and speak the same language as you. We know all about the special rules and tricks to make sure your loved one is taken care of just right. Think of your family like a ship. You want it to be strong and safe, right? A lawyer who understands can help build your family's ship so it can sail through any storm without getting lost. Sometimes, there are special benefits or programs that can help your loved one with a disability too, but they can be hard to find. A knowledgeable lawyer knows where to look and how to help you get them. Planning your estate early is super important, especially when you have a loved one with a disability. Let’s get started on that treasure map and make sure your family’s future is as bright and secure as possible! We aim to help you feel secure about these things with good estate and long-term care planning. Get in touch with us to chat more about this!