An elder law attorney provides help with many of the issues that matter most to protecting your family and protecting your assets. One of the services offered by elder law lawyers is disability planning. With help from attorneys at Frank & Kraft, you can plan ahead in case you become disabled. You can also make appropriate plans to provide financial support and assistance to a loved one in your life who is disabled.
Many people with special need rely on government benefits like Medicaid and Supplemental Security Income – both of which are means tested. While you may want to provide a financial gift to a disabled person because these benefits are often inadequate to maintain the highest quality of life, giving a gift could cause a loss of access to these needs-based programs.
An elder law attorney at Frank & Kraft works with you to structure your financial gift in an appropriate way so money and assets don’t count as disqualifying resources even as they enhance the options available to a disabled person.
Making plans to provide for a person with disabilities who you care about is very important because, as Indy Star explains, the needs of disabled citizens are not being met in Indiana.
The Needs of Seniors are Not Being Met
According to the Indy Star, many older people and many disabled people have indicated they want to age in their own homes rather than moving to institutional environments. In response to the growing demand for home-care services, Indiana has worked to develop better community-based services. The state has also expanded the reach of managed home healthcare services being provided. However, even with these efforts, older adults and people with disabilities are not receiving sufficient support or the services that they need.
One example of a patient who has been poorly served is a quadriplegic who was featured in an article in Indy Star. She wants to return to her own home, but while there are 80 licensed home health care agencies that could potentially provide her with services that would allow her to live independently, these health agencies indicate that she does not have the resources to afford the costs of the home care that she needs. It would cost less to care for the patient at home than it costs to keep her in a nursing home, but the state is not willing to provide funding to those who could provide the home-care she needs and the agency claims they do not have the workers to offer this care.
A lawsuit was filed on behalf of this patient against the Family and Social Services Administration in Indiana. The claim alleges that this Administration has failed to provide a suitable network of care providers to offer coverage under the patient’s Medicaid long-term plan of care. In other words, the patient’s plan is not being respected because The Family and Social Services Administration is not giving the patient enough choices in caregivers who could care for her at home and whose services would be covered.
The lawsuit against the Family and Social Services Administration also alleges that the patient is being discriminated against in violation of the Americans with Disabilities Act. The goal is to get the patient home as soon as possible after she was moved to a nursing home against her will, and a preliminary injunction has been sought to force the state to provide services that the patient needs through the Family and Social Services Administration.
It remains to be seen what the outcome of this case will be, but unfortunately, this is just one of many examples of how disabled patients are often not able to take full advantage of the services that would provide them with the best quality of life.
Getting Help from An Elder Law Attorney
An elder law attorney at Frank & Kraft can assist you if you want to make sure that a loved one in your life with a disability is provided for or if you want to plan ahead to protect yourself in case you some day become disabled. To find out more about the disability services our legal team can provide, join us for a free seminar. You can also give us a call at 317-684-1100 or contact us online to find out more about how an elder law attorney can assist you.
Mr. Kraft assists clients primarily in the areas of estate planning and administration, Medicaid planning, federal and state taxation, real estate and corporate law, bringing the added perspective of an accounting background to his work.
- Updated Federal Gift and Estate Tax Figures for 2023 - January 26, 2023
- Why Estate Planning Is Important for Multi-National Couples - January 24, 2023
- When Do I Need to Update a Trust Agreement? - January 19, 2023
