Preparing for a serious illness or injury is of vital importance and you need to make certain that you work with a Worcester incapacity planning lawyer so you can have a plan in place to protect yourself and your family. It can be difficult to know where exactly you should start when it comes to making plans for incapacity or for responding to a serious medical crisis, so you should get professional legal help to make certain that you and your family are best positioned to cope with a very difficult situation. Our legal team can help.
With something as important as incapacity planning, there is no substitute for personalized one-on-one advice. However, to help you get some background on the process of planning for a serious medical emergency, for end-of-life issues, and for what happens after death, The Law Offices of James A. Miller, P.C. has prepared a list of answers to frequently asked questions. Feel free to browse the responses to some of the most common questions that people have about planning for incapacity, injury, or illness, and give us a call to find out more about the ways in which our legal team can help you.
When should a Massachusetts power of attorney be created?
A Massachusetts power of attorney is a key part of your incapacity plan. A power of attorney gives you the chance to select an agent who makes decisions for you and manages your affairs for you if illness or injury render you incapacitated. You should create a durable power of attorney as soon as you are an adult so you and your family will always be aware of who has the authority to make decisions on your behalf in case an emergency strikes you and your family.
What are the benefits of a durable power of attorney?
A durable power of attorney provides protection for you and your family if something happens to you and you become unable to make decisions or communicate your preferences. When you create a durable power of attorney, it is up to you to select who will act as your agent and manage your affairs if you can no longer act autonomously. If you don’t have a durable power of attorney, your family is going to have to pursue guardianship proceedings- which is stressful and costly for them- and these proceedings will culminate with the court deciding who should manage your affairs. You and your loved ones will be much better off if you’ve created a durable power of attorney. Find out more about benefits of a durable power of attorney.
When does Massachusetts, Medicaid pay for nursing home care?
Massachusetts Medicaid is generally the only source of payments for nursing home care for an incapacitated person who needs ongoing nursing home care due to incapacity. Medicare and private insurers generally pay only for skilled services for limited time frames, which is not what most sick or injured people need if they’re permanently impaired. Massachusetts Medicaid will pay for nursing home care if you are not able to live independently and if you meet Medicaid eligibility criteria. The criteria for getting covered by Medicaid includes factors like your age and family status, your household income, and the amount of available assets that you and your family own. Find out more about when Massachusetts Medicaid will pay for nursing homes.
How can you apply for Medicaid?
The process of applying for Medicaid can vary depending upon your age and your eligibility criteria. You may be able to apply online or may need to obtain forms, complete them, and mail them in. You will need to provide required documentation and proof of eligibility for Medicaid benefits for you to submit a successful application that results in you being approved for coverage. Find out more here about how to apply for Medicaid in Massachusetts.
What are some factors that determine Medicaid eligibility?
If you need Medicaid to pay for nursing home care or other care not covered by Medicare or private insurance, you must understand the factors that will determine whether you are eligible for Medicaid coverage. Some of the most important factors include your family’s household income, as well as the assets that you and your family happen to own. You can find out more here about factors that determine Medicaid eligibility so you can discover whether you can get Medicaid to pay for your care if you experience a medical emergency that leaves you in need of intensive help or unable to live alone.
What are the resource limits for qualifying for Medicaid?
In general, in Massachusetts, you can qualify for Medicaid to pay for nursing home care only if you have a limited amount of personal wealth and assets. An individual with more than $2,000 in countable assets may be disqualified from getting Medicaid to pay for their care. However, you need to understand what counts as an asset and you may be able to work with a Medicaid planning lawyer to structure your asset ownership so you do not end up being disqualified from Medicaid coverage just because you have managed to save some money. Find out more about resource limits for qualifying for Medicaid.
How can a Worcester incapacity planning lawyer help?
A Worcester incapacity planning lawyer can provide you with assistance in making a comprehensive plan in case of incapacity. Your plan can address who should make decisions and act for you; what kinds of medical care you do and don’t want; and how nursing home care should be paid for in case your injury or illness means you cannot live independently any more.
The Law Offices of James A. Miller, P.C. offers a full array of incapacity planning services to help you make effective use of all essential legal tools that can help you to be prepared for incapacity. Give us a call at 866-370-3888 or