Long-Term Care Planning
Long-Term Care Planning Lawyer - Virginia
Helping You Plan for Future Care Needs
Long-term care planning is a crucial part of any estate plan. However, the term "long-term care" covers a lot of ground, and the options available vary widely. It is important to understand the types of long-term care available, how they are paid for, and the options available to ensure that you or your loved ones receive the care they need.
At J.S. Burton, our experienced estate planning attorneys are here to help you plan for future care needs. We can help you create a comprehensive plan that meets your specific needs and provides you with the peace of mind that you will receive the care you want and deserve.
Types of Long-Term Care
There are many different types of long-term care, including:
- Nursing home care — Nursing home care is often the most expensive form of long-term care, and can be very disruptive to a senior's normal daily routine.
- Assisted living — Assisted living facilities offer more independence and privacy than nursing homes, but still provide some assistance with daily living activities.
- Residential care — Residential care is a specialized form of assisted living for those with Alzheimer's or other forms of dementia.
- In-home care — In-home care is the most cost-effective form of long-term care, and allows seniors to remain in their homes or in familiar environments.
How Long-Term Care Is Paid For
Long-term care can be very expensive, and most people don't have the resources to pay for it out of pocket. Fortunately, there are several ways to pay for long-term care, including:
- Private insurance — Long-term care insurance is a great way to pay for long-term care costs. However, many seniors have found that their policies are not as generous as they expected.
- Supplemental insurance — Supplemental insurance, such as a rider on life insurance policies, can provide additional coverage for long-term care.
- Medicaid — Medicaid is a form of public assistance for those who cannot afford long-term care costs. However, Medicaid is a complex program, and it is important to have an experienced attorney help you navigate the application process.
- Veterans benefits — Veterans may be eligible for additional benefits to help pay for long-term care.
- Estate planning — Long-term care planning is a crucial part of any estate plan. By naming a trusted individual as your guardian, you can ensure that your affairs are taken care of, and your loved one is provided with the care they need.
Contact a Virginia Long-Term Care Planning Attorney
Long-term care planning is an important part of any estate plan. However, the options available vary widely, and it is important to understand the types of long-term care available and how they are paid for. At J.S. Burton, our Virginia long-term care planning attorneys can help you plan for future care needs and provide you with the peace of mind that you will receive the care you want and deserve.
Call (888) 885-9001 or contact us online to schedule a consultation with an experienced long-term care planning attorney in Virginia Beach.
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“John Burton and his team are true professionals.”- Denise W.
“Our work with Attorney John Burton was all we had hoped it could be.”- Jim F.
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Learn About Your Legal Options
What is estate planning?
When someone passes away, his or her property must somehow pass to another person. In the United States, any competent adult has the right to choose the manner in which his or her assets are distributed after his or her passing. (The main exception to this general rule involves what is called a spousal right of election which disallows the complete disinheritance of a spouse in most states.) A proper estate plan also involves strategies to minimize potential estate taxes and settlement costs as well as to coordinate what would happen with your home, your investments, your business, your life insurance, your employee benefits (such as a 401K plan), and other property in the event of death or disability. On the personal side, a good estate plan should include directions to carry out your wishes regarding health care matters, so that if you ever are unable to give the directions yourself, someone you know and trust can do that for you.
How do I name a guardian for my children?If you have children under the age of eighteen, you should designate a person or persons to be appointed guardian(s) over their person and property. Of course, if a surviving parent lives with the minor children (and has custody over them), he or she automatically continues to remain their sole guardian. This is true despite the fact that others may be named as the guardian in your estate planning documents. You should name at least one alternate guardian in case the primary guardian cannot serve or is not appointed by the court.
When should a Special Needs Trust be established?Generally, a Special Needs Trust should be established no later than the beneficiary’s 65th birthday. If you have a disabled or chronically ill beneficiary, you may want to consider establishing the Special Needs Trust at an early age. One benefit of having the Trust in place is that if the disabled beneficiary becomes the recipient of funds such as gifts, bequests or a settlement from a lawsuit, they can immediately be transferred to the Special Needs Trust without affecting that individual’s eligibility for government benefits.
What is a living will or advance medical directive?A living will or advance medical directive informs others of your preferred medical treatment should you become permanently unconscious, terminally ill, or otherwise unable to make or communicate decisions regarding treatment. In conjunction with other estate planning tools, it can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.