Blogs from Legal Services in Brookfield, WI

The Significance of Medicaid Planning For the Elderly

While Medicare helps with much of one's healthcare costs, it doesn’t cover everything. A vast number of elderly rely on Medicaid in order to cover those extra healthcare costs during their retirement years. A major exclusion from Medicare coverage is long term care, such as a nursing home. Medicare does not cover all room and board costs. This comes as a surprise for many not in the industry and can lead to depletion of their retirement nest egg. Navigating different Medicaid programs and corresponding eligibility criteria is an intimidating task. What Is Medicaid?  Medicaid is a healthcare program, particularly designed for low-income groups. Although it is primarily funded by the federal government, some states may supplement financing and control of the program. Benefits and eligibility can vary from state to state due to this. If you are thinking you may need Medicaid please reach out. As anElder Law Attorney, I have practiced within the scope of Wisconsin Medicaid Law for many years. I can discuss the common Medicaid programs along with the eligibility requirements for those programs in Wisconsin. Medicaid For The Aged And Disabled   Wisconsin residents who are qualified for SSI (Supplemental Security Income) are inevitably qualified for Medicaid coverage by the Social Security Administration. There is no need to file a separate application until nursing home services actually require it. The Medicaid program for elderly people falls into two categories: Medicaid programs which have full benefits involve: Medicaid for aged and disabled people Home Community-Based Services Waiver Programs Hospice Institutional Care Program Medicaid programs which have partial benefits involve: Medicare cost-sharing programs Medically Needy Special low-income Medicare Beneficiary Qualifying Individuals In order to qualify for Medicaid programs for the disabled or aged, you must meet the following requirements: Age, Blind Or Disabled  A person must be 65 years of age or older unless you qualify as disabled. Note:Disability protects people who are not working and expected to live for a period not less than a year, or expected to result in death. People who receive a disability check from SSA (Social Security Administration) based upon their personal disability inevitably meet this requirement. A disability determination is finalized by the state DDD (Division of Disability Determinations) or SSA. The Medicaid application is received when DCF submits a request for DDD. Citizenship Status A person must be a citizen of the US or a qualified non-citizen. There might be a waiting period for non-citizens admitted to the US with a qualified status on or after August 22, 1996. Identity A person must provide proof of identity. Exceptions: People receiving Medicare, SSI or Social Security Disability based upon their personal work history. Residency A person should be a citizen of Wisconsin. Social Security Number A person must have a social security number. If a person doesn’t have this number, then he or she should apply for one. File For Other Benefits  A person must apply for the other benefits for which they might be qualified. For example, retirement, pension, disability benefits, etc. In addition to the general eligibility requirements, every Medicaid program has asset and income limits which an applicant cannot exceed. Also, this limit completely depends upon the program. The Significance Of Medicaid Planning  All of the Medicaid programs have asset limits. Without proper planning many will find their non exempt assets exceed the program limits. Thus causing more money to be spent down prior to the Medicaid application. An important part of estate planning includes covering the costs of long term care options. If you have any concerns or questions regardingMedicaid planning, give me a call at (262)812-6262 to arrange a complimentary meeting. ...read more

By Elder law Center of Wisconsin September 20, 2018

Guardianship: Things You Must Know About!

For a wide number of people, preparing an application to nominate a guardian who should act on behalf of your loved one can be quite challenging. There are great things about which you need to think: Do I actually need a guardianship? Where do I begin? IsGuardianship Attorneyright for me? Which Person Should I Nominate? What’s the Procedure? While there is a great deal of valuable data out there, also there are misconceptions and myths encompassing guardianships. Evidently, it would become a bit overwhelming. Keeping that thing in your mind, in this article, I’ve put together a few things about guardianship to help the ones who think guardianship application navigates their way through the procedure. Have an insight into the following: At What Point A Guardian Needs to Be Appointed? Guardianship becomes important when an adult becomes disabled, either through physical or mental illness and in such a situation power of attorney has not been set up. An adult is disabled when he or she is not competent enough to look after his or her own affairs. Every person is different and while a few people might be capable of making smaller everyday decisions. They might not be capable of making complex or big decisions. That’s why every guardianship application should be tailored as according to the individual needs of an adult. Guardianships are for the adults of all age groups. You might be acquainted with individuals requiring a guardianship because of age-related conditions, for example, dementia. In any case, you should know that guardianships might be important when a kid turns 16 years of age and is not able to make decisions for themselves – maybe because of incapacity. Financial, Welfare or Both? At the time of applying for a guardian to act on the behalf of an adult, you might apply for a welfare guardian, financial guardian or both of them to be appointed. People make both of the applications, but that’s not always required. Financial guardians deal with the financial affair of the adults, comprising what they own and any payments which they might have to prepare. Besides, the younger adults who never required a financial guardian every before must have one appointed when they move out from their home for the very first time and seek assistance in managing a lease for their accommodation. Welfare guardians make decisions on the behalf of personal wellbeing, comprising their care, the place where they reside, and any medical treatment they receive.  Who must be nominated? Generally, guardians are the family members or close companions who very well know the disabled adult. In some cases, an attorney is appointed to manage the financial affairs of an adult. There are different managerial prerequisites which go along being a financial guardian and your loved ones prefer for an attorney to manage those necessities. It’s a smart thought to nominate more than a guardian or appoint a substitute of guardian. If you can imagine a circumstance where only one guardian is nominated, and he or she is unable to act, you will again in the initial phase of looking a guardianship. What’s The Process? In order to appoint a guardian, you have to apply to a court. The application determines who should be appointed, what powers the person will have, and why that person is apt for the position. In addition to the application, a number of reports must be submitted in the court and that includes, two medical reports – a report prepared by the mental health officer, and at times some other reports, depending upon the situations. The process of guardianship isn’t easy and it takes sufficient amount of time from the starting to the end. Hence, taking the right advice from a guardianship attorney can make the whole procedure very simpler. Final Words If you looking for a guardianship for your loved one, feel free to take the assistance of a Guardianship Attorney and make the process easier. ...read more

By Elder law Center of Wisconsin June 14, 2018

Can You Get Both VA and Social Security Benefits Simultaneously?

The disabled veteran can receive both the VA disability benefits and Social Security disability benefits at the same time. So, it’s normal for veterans to apply for both the benefits simultaneously. In case you are a disabled veteran, you might be qualified for Social Security Disability benefits if you are not competent enough to work for a whole day. In order to get qualified for SSDI (Social Security Disability Insurance), you probably have worked for a whole day for not less than five out of preceding ten years. In case you wait for too long after you quit attempting to apply for SSDI benefits, you might be no longer qualified to get them. The SSA (Social Security Administration) additionally pays for the disability benefits through the SSI (Supplemental Security Income) program, which gives benefits in light of financial need. In the event you are considered as disabled by SSA, you should not be able to perform any substantial amount of work because of your medical condition. Also, your medical condition is projected to last for a period of a year at least. The SSA will ascertain your month to month disability benefits in view of your profit history in both the military and other civil employments that you have ever held. On the contrary, your VA disability payments are reliant upon how severe your disability is and not your income. The SSA comprises of all the incapacities, regardless of whether they are benefits associated or not.  VA Disability vs. Social Security Disability The major distinction between VA disability benefits and Social Security benefits is that you are eligible for VA disability payment in case you’re not disabled completely. In a VA disability system, the ratings of disability are allocated at 10% additions from 10% to 100% inability and advantages that a claimant receives are reliant upon on that assurance. Alternatively, in the Social Security is completely included or completely excluded. The other major distinction between the VA disability programs and Social Security Disability is the role of physicians. The opinion of your physician has a great effect on winning and losing Social Security disability claim as the SSA offers respect to the opinion of a physician. On the other hand, in VA disability program, the opinion of a physician is not given any added weight and choice with regards to whether or not to grant advantages are based on your whole document. How Getting a VA Approval will help in Getting Social Security Disability Benefits In case you receive extremely high ratings for disability from the VA, i.e. 70% or higher than that, you will probably be approved for the Social Security Disability benefits. This is due to the fact that another government agency has officially verified that your disability has it exceptionally troublesome or unimaginable for you to take part in all day work. Inappropriately, the VA provides the SSA’s decision slight weight, so getting approved for the Social Security disability benefits will not really enable you to get VA disability benefits. This is due to the fact the SSA’s decision doesn’t clear whether the disability is service-connected. All the things considered, the claimant must give the VA with their Social Security disability document and choice in light of the fact that VA in necessary to consider your Social Security Disability records while assessing your claim.  Schedule a Consultation with an Attorney for Apply VA and SSDI Disability Simultaneously Are you a disabled veteran in Wisconsin? TheVeterans Attorney at Wisconsinwill help you in getting qualified for both the VA and Social Security disability benefits. Contact us today to schedule an appointment with our experienced attorneys.  ...read more

By Elder law Center of Wisconsin March 29, 2018

Why to Choose an Attorney for Medicaid Planning

Many seniors and their families don’t use the services of an attorney for Medicaid or long-term care; maybe they are afraid of cost. Remember, an attorney can help you in saving your money in the long run as well as gives you an assurance that you are getting the best care for your loved one. Instead of enlisting a non-lawyer that is referred by a nursing home, you can hire a Medicaid Planning Attorney in Wisconsin. Here are a few reasons stating why you must choose an attorney for Medicaid planning: No Conflict of Interest When the nursing homes refer the residents of Wisconsin to non-lawyers to assist in preparing the Medicaid application, the preparer has dual loyalties, both to the facility that provides the referrals and to the client who is applying for the benefits. To the extent that everyone wants the Medicaid application to be successful, there is no conflict of interest. It is in the interest of nursing homes that the resident pay privately for as long as possible before going for the Medicaid, while the nursing home residents interest is in to protect the assets for the resident’s care for the resident’s family or the spouse. An attorney who assists Medicaid planning and application has a duty of loyalty only to the client and will do his best to achieve the goal of the client’s. Save Your Money In some areas, nursing homes can cost as much as $ 15000 a month, so it is unusual for legal fees to equal the cost of even one month in the facility. It is not difficult to save this much in the long-term care and probate costs. Most of attorneys will consult with the new clients little or at no cost to determine what might be achieved before the client pays for a larger fee. Deep Knowledge and Experience Attorneys who have experience of many years develop both the depth and the breadth of expertise and experience to advise the clients on how they might achieve their goals, whether those are maintaining dignity and independence, preserving funds for their children and grandchildren or giving them advice to stay at home rather than moving to the nursing home. Malpractice Insurance Experienced attorneys will provide outstanding service and sometimes the things don’t work out in the desired manner. There is a remedy if an attorney makes any mistake because almost all the attorneys carry out the malpractice insurance. Peace of Mind When you consult with Medicaid Planning Attorney in Wisconsin, the attorney will help you to preserve your assets or achieve Medicaid eligibility more quickly. Consultation will provide you a peace of mind that you don’t miss any opportunity. Additionally, if any obstacles arise during the process, the attorney will be there to work with you and find out the optimal solution. End Words Medicaid attorneys can help you to make Medicaid plan that allow you to get qualified for the Medicaid coverage. This is vitally important because the Medicaid cover many things that the Medicare will not pay for. If you are interested in receiving assistance from an experiencedMedicaid Planning Attorney in Wisconsin, please contact Elder Law Center in Wisconsin. Our attorney can help you a lot to create different strategies to protect your assets and income. ...read more

By Elder law Center of Wisconsin October 05, 2017

Keep Your Wealth Safe with an Asset Protection Attorney

Asset protection is one of the most significant things through which you can secure your wealth from all those things that can threaten it. Your assets could be at risk from any number of threats, ranging from bankruptcy or business loss to litigation, divorce or anticipated creditor actions. An asset protection attorney can help you cope up with these concerns by using a variety of different strategies that are designed to provide shelter from the risks that would consume your wealth. Other strategies involve things like choosing the right business entity, estate planning tools, and living trusts, which protect wealth from loss. Asset protection attorney can provide you with the help that you need to properly organize your wealth in a way that provides you maximum protection. Evidently, this can take many forms and can use a variety of strategies, for instance: Your asset protection attorney can help you leverage insurance policies to ensure that you have the policy coverage to protect against the most common liabilities. Your attorney can identify weaknesses, examine your current coverage and recommend coverage notifications that can make the most of every premium dollar that you’re spending. Businesses are often at risk from appellants. The problem is specifically bothersome for those who run their companies as partnerships or sole proprietorship since the lawsuits against the company can sometimes leave the personal assets of the owner at risk too. You can safeguard your own wealth by using business entities to limit your private vulnerability in the assets you have invested in the business. Irrevocable trusts are a powerful method to provide your estate with the asset protection that you need to guard against an array of known and unknown risks. It is a great way to enrich the life of disabled heir without impeding their access to a government benefit, such as Medicaid. Asset protection is necessary for long-term care planning. Preferably, you should begin this planning at least five years prior to your need of a Medicaid home. By transferring the assets to the irrevocable trusts, you can secure your wealth and make sure that you are eligible for the benefits that can help you to pay for that care. Conclusion The best asset protection attorney will give you the right advice, guidance, and suggestions to secure your business assets, so that they do not cost you extra sums of money, rather, bring more of added revenue. Hiring the services of asset protection lawyer would mean that you are secured against the unexpected calamities and make sure that you don’t get involved in the filing of assets or extra paperwork on your own. If you are looking for theAsset Protection Attorney, then you must get in touch withElder Law Center of Wisconsin. We are leaders in life care planning and asset protection strategies, working to help people make their lives easier. Contact us today for more insights! ...read more

By Elder law Center of Wisconsin October 04, 2017

Recent Reviews View all

Elder law Center of Wisconsin

5.0

By orthoexpert

Must contact with this firm if you are looking for an Attorney. ...read more

New Photos 23 photos

View all 23

Related Articles View more

How to Get Help With Law Issues

Just about everyone will need some sort of legal assistance from time to time.  Whether needing to create a last will and testament or se... read more

How to Become a Legal Intern

Getting a legal internship can help boost your career by giving you the much needed experience to place on your resume. A job canidate that has just left school but has several intern experiences under his belt will have a better chance getting a new position in a law firm than a job canidate that doe... ...read more

Types of Low Income Legal Help

Low income people sometimes have a difficult time receiving legal help. Many do not know they have the opportunity to receive free legal help. Some of these services available to them are by public service charities, volunteer lawyers and law student clinics. People seeking information on these progra... ...read more

Where do you need Legal Services ?