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The Long-Term-Care Puzzle Gets Tougher
( Page 2 of 3 )

May 2006

Jeffrey Marshall, a lawyer in Williamsport, Pa., raises another possibility. He predicts that in some of the 30 states with filial-responsibility laws, the children could be liable for their parents’ bills. To avoid personal liability, family members should be careful when signing nursing-home admission agreements..

For example, Marshall says, if a parent can’t sign the paperwork, the adult child should only sign as a representative of the resident, using words such as power of attorney or agent after the signature.

The following are some options to finance longterm care under the new law. But Medicaid regulations are tricky, rules differ from state to state, and each option has its pitfalls. Seek legal advice first.

Buy long-term-care insurance. Perhaps the best way to protect your nest egg is to purchase long-term-care insurance. You can lower premiums if you buy it in your fifties, but even if you’re 70, you can get a decent deal if you’re in good health, says Jesse Slome, executive director of the American Association for Long-Term Care Insurance, a brokers group.

For instance, he says, a 70-year-old man living in California could pay $2,073 in annual premiums for a policy with a 90-day waiting period, a $100 daily benefit, inflation protection and three years of care. If you live in a high-cost city, consider a higher daily benefit: A $180 benefit would cost that 70-year-old an annual premium of $3,732.

Ask your agent for preferred health discounts, Slome suggests. Nearly 19% of applicants in their seventies and 32% in their sixties qualified for discounts in 2005, according to the association. If you’re married, consider a shared-care policy: You buy a single policy, perhaps for a total of six years, and either spouse can draw on the pool.

If you live in one of four states that offer “partnership” long-term-care policies, you can potentially protect additional assets. California, Connecticut, Indiana and New York offer partial protection of assets in the event that buyers exhaust their benefits and must turn to Medicaid. Let’s say you bought a three-year policy that paid $150,000 in coverage; if you needed more care, you could protect an equivalent amount of assets and still qualify for Medicaid.

The new federal law allows other states to offer partnership programs, but it could take at least a year before such policies are available.

Tap your home equity. If you live alone, you’re required under the new law to pay for care if your home has equity in excess of $500,000; states can raise the limit to $750,000. Under the old law, a single person could be eligible for Medicaid no matter how much equity was in the house. Married couples are still exempt from the ceiling if one spouse remains in the house, and Medicaid can recover the cost of any nursing-home care from the sale of the house once both spouses die.


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