�Long-Term Care Planning

��������Planning for long-term care has become increasingly important. It is, arguably, the most important issue facing seniors today. This is due to the fact that the cost of long-term care, including perscription medications, in one of the leading sources of catastrophic out-of-pocket health care expenses for the elderly. For instance, the average cost of nursing home care in the State of Washington is currently $5,230 per month.

���� By planning for potential incapacity while our loved ones are well, considering future long-term care needs, and preparing effectively for their disability, families have the ability to maintain control rather than having it taken away. Planning for one's own disability often means purchasing disability or long-term care insurance while one is still capable of working. It also means establishing a durable power of attorney and health care directive (also known as a living will) in case of future mental incapacity. It may also include drafting wills or trusts that plan for the needs of a disabled spouse, parent, or child.

���� Still, according to a recent AARP study, most seniors do not have proper legal documents. A lack of such planning documents can lead to much confusion and conflict as well as an unnecessary waste of resources at a time when a person is most vulnerable and in need of support. It cannot be stressed enough how important a well-drafted durable power of attorney is in this regard.

���� Clients often will first come to an elder law attorney when a loved one is in need of immediate long-term care. It used to be that a nursing home was the only alternative to receiving support in one's own home. Fortunately, today there exists a "continuum of care" whereby various treatment, care, and/or living facilities are available. These residential and care alternatives have greatly improved the quality of life options for the frail elderly. Nevertheless, whether a person reveices support in his or her own home, an assisted living facility, or a nursing home, the care can be very expensive.

���� Clients who engage in Medicaid long-term care planning are usually persons of modest means who became of illness or disability and are no longer eligible for long-term care insurance. Often, the client is married and his or her concern is to protect the family assets in order to guarantee the security of an aging spouse. Some of the clients are single and their goal is to preserve a modest legacy, such as the family home, for their children. An elder law attorney can offer a number of strategies to meet these asset preservation goals.

���� In the end, long-term care planning is about caring and respect. Respect means, first and foremost, respecting a person's wishes regarding his or her long-term care needs and end of life choices. Clearly, these questions are not easy and the answers require a coordination of family, medical, financial, and legal efforts: in other words, a good long-term care plan.

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