Written by: Tony Conticello of the Conticello Law Firm
BULLET-PROOF YOUR RETIREMENT: WHY YOU NEED TO START ELDER LAW PLANNING TODAY!
BULLET-PROOF YOUR RETIREMENT:
WHY YOU NEED TO START ELDER LAW PLANNING TODAY
Do you lose sleep at night worrying about leaving your spouse broke and their lives in chaos? Bullet-Proof your retirement with Elder Law Planning.
You worked hard all your life, and now it’s your time: it’s time to kick back, relax, and really enjoy those sunrises and sunsets that you missed for years; it’s time to travel the world, cruise, and experience the places you always dreamed of; it’s time to spend time with your children and grandchildren; and it’s time to reconnect with your spouse, or for some to find a new loved one to share your experiences with.
Yes, enjoying the freedom and flexibility that comes with retirement is seductive. But it doesn’t mean you can stop making decisions—actually, just the opposite.
Most retirees live on a set income and a strict financial budget. Even with tens or hundreds of thousands of dollars in the bank for retirement, without an Elder Law plan in place, a single unexpected sickness or long-term illness could deplete your entire retirement fund quickly.
Many Seniors Are One Sickness Away From Financial Ruin
With the average monthly costs for nursing home care averaging between $8,000 and $12,000 per month (higher in some locations – see article from Senior Living Article ), it could be a matter of months or a year or two, before your life savings dwindles below the point where you can sustain the retirement life that you dreamed of.
For many seniors, a single month could result in financial ruin. We know the recent inflation rates are outpacing the meager Social Security COLA increases (for 2024, the Cost-of-Living Adjustment is just 3.2%).
MEDICARE Benefits v. MEDICAID Benefits? Which Do I Need?
Medicare v. Mediciad. What’s the difference?
As we head toward retirement, we are bombarded with ads and information about Medicare and our choices. You may be wondering, if Medicare is taking care of my medical needs, why do I even need Medicaid? If it is essential, why don’t I see ads and information about Medicaid?
Here is a way to help understand it better:
Medicare is for short-term treatments to get you back healthy; Medicare is for long-term care and support for chronic and permanent ongoing conditions.
While this analogy isn’t perfect, it sets the tone. Medicare typically covers medical services such as hospital stays, doctor visits, and certain preventive care meant to get you back healthy. However, it does not usually cover long-term care services such as ongoing nursing home care or assistance with daily activities, which are often critical aspects of elder law planning. Medicare will cover up to 3 months of long-term care and rehabilitation before YOU begin to pay.
Having a long-term care plan in place, including long-term care insurance or a plan to enable you to qualify for your State’s Medicaid Program, is one of the critical goals of an Elder Law plan. If you or a spouse served in the military, then VA benefits may be available for long-term care planning as well.
Most Retirees Live Primarily on Social Security
Consider the following statistics:
- A 2023 Gallup poll indicated that 59% of retirees live primarily or solely on their income from Social Security.
- A 2022 study found that the average retirement savings among Americans is just $87,000.
- 70% of adults over the age of 65 will require some long-term care services and support in the future.
- 40% of those needing long-term care required services for up to 2 years.
- The average length of stay in a long-term care facility is 3.2 years.
- 20% of long-term care residents required continued care for 5 years or longer.
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BULLET-PROOF YOUR RETIREMENT
How Do I Bullet-Proof My Elder Law Plan?
Q: What can you do to Bullet-proof your retirement?
A: Hire a qualified Elder Law Attorney today and begin planning today
What is Elder Law Planning?
As we embrace this new chapter of life, it’s also crucial to consider the legal aspects that we may face. Elder law is a specialized area of law within the larger umbrella of estate planning. However, the goals for each can be very different.
Here is a very simple way of explaining the main difference.
Estate planning focuses a lot on what happens AFTER you die, whereas Elder Law focuses on you and your spouse’s financial and medical well-being while you are ALIVE.
Elder law planning done right will involve complex and comprehensive solutions tailored to address the unique needs of seniors. This includes planning for long-term care situations, such as Medicaid and VA eligibility, restructuring assets, establishing pre-need guardianship designations, protecting you physically from Elder Law abuse, and protecting your finances from Elder Law predators.
When Should I Begin Elder Law Planning?
While it is easier (and usually cheaper) for your Elder Law attorney to create you a bullet-proof elder law plan if you plan ahead, a qualified Elder Law attorney can be invaluable to you when crisis strikes.
Estate Plans should be revisited every few years, especially when there is a major life change, such as having kids, divorcing, inheriting money or winning a lottery, starting a business, being an empty nester, having grandchildren, and yes retiring.
Your Estate Plan should focus on meeting your needs, wants and goals. It is best to begin refocusing our Estate Plans when we begin to transition.
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Guardianship and Conservatorships
Guardianship and conservatorship are legal mechanisms designed to aid people who can no longer make decisions for themselves due to incapacity or cognitive impairment. In Florida, the process involves petitioning a Court to appoint an individual(s) or entity(ies) to make decisions on behalf of the incapacitated person, covering aspects such as personal healthcare and well-being and their finances. A plenary guardian is guardian appointed over all aspects of an incapacitated person.
While a Florida Guardianship requires Court involvement, a proper Elder Law plan can establish a pre-need designation of the person or entity you want to take care of you. Court’s look to and often rely upon these pre-need designations. A pre-need guardianship designation helps to avoid power struggles and conflicts among family members, calms the chaos, and if you choose right keeps away people and family members whose goals are to take advantage of you and your finances.
(Read our Article on Guardianship)
Medicaid Planning and Long-Term Care
As noted above, Medicaid planning is crucial for seniors and their spouses who may require long-term care services, such as nursing home care or in-home assistance. With the average annual cost of nursing home care exceeding $100,000 in many states, Medicaid can provide essential financial support for eligible seniors.
However, Medicaid eligibility rules are complex, and proper planning is necessary to navigate them effectively. Studies show that only 10% of seniors have a comprehensive Medicare plan in place, leaving many vulnerable to unexpected healthcare costs and coverage gaps.
Elder Abuse and Neglect
Elder abuse and neglect are pervasive issues that affect millions of seniors worldwide. According to the World Health Organization (WHO), each year approximately 1 in 6 older adults aged 60 and older may experience some form of abuse in a community care setting. Recognizing the signs of elder abuse, such as physical injuries, unexplained financial transactions, or changes in behavior, is crucial for intervening and preventing further harm.
An elder law plan can help prevent elder abuse and neglect by establishing clear legal safeguards and protective measures for seniors. This includes appointing trusted individuals as legal representatives or guardians who can advocate for the senior’s best interests and monitor their care.
CONCLUSION – BULLET PROOF YOUR ELDER LAW PLAN BY ACTING TODAY
In conclusion, having an elder law plan in place is essential for all seniors and retiring individuals to navigate their later years with confidence and security. From estate planning to Medicaid planning, guardianship, and protection against elder abuse, seniors (and their families) can benefit from having an Elder Law Attorney navigate these complex matters.
By taking proactive steps to create an Elder Law Plan, YOU can plan for your future and protect you and a spouse’s rights, financial security, and enjoy your retirement years with confidence.
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A WORD FROM THE CONTICELLO LAW FIRM
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Bullet-Proof Your Retirement: Why You Need to Start Elder Law Planning Today!
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The Conticello Law Firm’s main offices are in Tallahassee, however, we practice throughout the state of Florida. If you are google searching for a Tallahassee Elder Law Attorney near me, don’t look any further. Our goal is to be the Best Estate Planning Attorney in Tallahassee! Please do not hesitate to call or email us. We would be happy to help you navigate this important process.