Ask the Expert- What Should I do after Mom has a Stroke?
Published: Fri, 07/12/13
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Ask the Expert- Your Elder Law Questions Answered by Evan H. Farr, CELA |
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Ask the Expert- What should I do after Mom has a Stroke?
 Q. My 84-year old mom recently had a stroke. Since she came home from the hospital, her mind has become fuzzy and she has trouble with everyday tasks like dressing and bathing. I keep thinking -- what if she had died from the stroke? Besides being heartbroken, my stepdad and I know nothing about whether she has a Will or any other estate planning documents in place. What should I do to find this out?
A. Although your question focuses on finding your mother's Will, you may be asking the wrong question, because you only need your mother's Will if she is on her deathbed or after she has died. Keep in mind that Wills get filed after someone dies not before and a Will is only relevant if she has assets left when she dies. You say she had a stroke and her mind is fuzzy. This means that she will most likely need long-term custodial care, probably in a nursing home, in the near to slightly distant future, depending on the severity of the stroke. Because of this impending need for nursing home care, your question should not be "what happens to her assets when she dies," but rather how can you protect her assets and improve her quality of life if and when she needs nursing home care. The answer to this question is you need to hire an Elder Law Attorney and begin the process of Medicaid Asset Protection Planning. Medicaid Asset Protection is the process of protecting assets from having to be spent down in connection with entry into a nursing home, while also helping ensure that you or your loved one gets the best possible care and maintains the highest possible quality of life, whether at home, in an assisted living facility, or in a nursing home. This process is called Life Care Planning because it is designed to be an ongoing, life-long process. Although the initial Asset Protection Planning may take as little as a few weeks or few months, the services that Elder Law attorneys perform are designed to continue until death.
Medicaid Asset Protection should be started as soon as a person enters the "long-term care continuum," meaning that a person is starting to need assistance with Activities of Daily Living (eating, dressing, bathing, toileting, transferring, and walking) or Instrumental Activities of Daily Living (such as cooking, cleaning, caring for pets, paying bills and managing finances). Because of your mother's stroke, she has presumably entered the "long-term care continuum" and you need to help her begin this planning right now. With proper planning, your mother can obtain Medicaid assistance without having to deplete her life savings. The most important reason for you and your mother to engage in asset protection planning is for your mother to be able to enjoy the highest quality of life possible in the event she is forced to enter a nursing home. For instance, money protected for her in the process of getting her qualified for Medicaid can be used, once she is receiving Medicaid benefits, to provide her with an enhanced level of care and a better quality of life while she is in a nursing home. For instance, we will often encourage the families of our clients to use the protected assets to hire a private "sitter" or "helper" - someone to keep your mother company, help her at mealtime, etc. Money protected for her in the process of getting her qualified for Medicaid can also be used to purchase services or items for her that are not covered by Medicaid, such as dental work, vision aids, hearing aids, incontinence supplies, personal clothing and toiletries. Some parents have saved and sacrificed their entire lives and have a strong desire to leave a financial legacy for their children. With proper planning, this goal can also be achieved while still qualifying for Medicaid. Please call 703-691-1888 to make an appointment at The Fairfax Medicaid Asset Protection Law Firm of Evan H. Farr, P.C. for a no-cost consultation.   Dear Saki and Alley, I am a caregiver for my 78 year-old mother, who has Alzheimer's disease. To keep her from getting depressed, I would like to do activities with her. What are some modified activities you can recommend that we can do together to lift her spirits? -Anita Acti-vitees Dear Anita, For seniors, like your mother, who have Alzheimer's, the desire to accomplish things doesn't vanish. Being able to engage in meaningful activities can go a long way to lifting the spirits of someone with Alzheimer's, and can help stave off anxiety and depression. However, coming up with activities to keep a person with Alzheimer's busy and engaged with life can be a tricky task. Here are a few examples of easily-modifiable activities that may be good to do with your mother:
These activities will require varying levels of patience on your part. Your mother may not be able to perform the tasks perfectly, if at all, and she could possibly get frustrated if an activity is too difficult. It takes constant trial and error to create and modify activities to meet the shifting capabilities of someone with Alzheimer's, like your mother.
Persons with Alzheimer's and their families face special legal and financial needs. At The Fairfax Elder Law Firm of Evan H. Farr, P.C. we are dedicated to easing the financial and emotional burden on those suffering from dementia and their loved ones. We can help you prepare for your mother's future financial and long-term care needs. We help protect your family's hard-earned assets while maintaining your mother's comfort, dignity, and quality of life by ensuring eligibility for critical government benefits. Call us today at 703-691-1888 to make an appointment for a complimentary consultation.
About Saki and Alley: Saki and Alley are nine year old Siamese cats that belong to Jeannie and Evan Farr and live here at the Farr Law Firm. They are very sweet and smart and love all the attention they get from staff and friendly clients at the firm. We encourage you to visit us and meet these extraordinary Siamese cats! Now, Saki and Alley have a question for you: What will happen to your pet(s) in the event of unexpected circumstances, like death or disability? Who can you trust to be responsible for caring for your pet(s), providing food (including salmon treats), daily routines, grooming, medical care, and more. To our mom, we are like her children, so she has a Pet Trust set up that ensures that we will be cared for according to her wishes, should something unthinkable happen to her. At The Law Firm of Evan H. Farr, P.C., you can create a Pet Trust to make certain that your beloved pet receives proper care in the event of your disability or death. |
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