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Elder Law With Atty Jason Neufeld

Hope for the Caregiver / Peter Rosenberger
The Truth Network Radio
March 22, 2021 10:33 am

Elder Law With Atty Jason Neufeld

Hope for the Caregiver / Peter Rosenberger

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March 22, 2021 10:33 am

Attorney Jason Neufeld joined the show to discuss Elder Law ( ), Medicaid, and Special Needs Trusts. 

From protecting your assets to providing for a special needs family member, Jason breaks down the steps, goals, and pathways towards healthier finances for caregivers and their families.

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Rosenberg's Irish brothers hope this is the basis totally show you as a family here. Those of you are staying up late at night doing cleaning up back-and-forth doctors office back-and-forth to rehab centers back and forth to the pharmacy on the phone with the pharmacy on the phone with the doctor's office doing all the things the characters were cleaning up and then sometimes just banging your head against the wall. We are glad to have you with us.

Think about from hitting the wall, take a moment from talking to the ceiling fan and just hang out with us for a while glad that you're with us. As always, I am thrilled to bring himself to bear.

The board sold to the sound.

The man who just is lovely. He is John Butler.

Everyone will I immediately yesterday, I read Hank Martin is a world-class jiggle singer coming. He did stuff back in New York in the days when we did a lot of jingles like Boston and he did like red lobster would know how to do seafood that was him and and GE we bring good things to that was him and he did this for you.

All keyboard so we have left about this all week long. We went to study know and he's so tall but anyway let's we have a doing well. It's a it's a beautiful day. We had snow yesterday.

This beautiful sunny day today in Montana and just got in from feeding the horses and I'm a little bit for clip so you have to bear with because of me do that. Yeah, yeah, I wear a mask while feeding the horses is that to do with Kobe to do with what was nice out here. I mowed the lawn today well congrats as we were always away from lawnmowing. Here we bump you until after my laugh, but if he gets allow control offense off the driveway area so they can get out a little disgrace, but it boys banks landmines after Walter sometimes I am. That's a different story that's that's barnlike horse life, but I I'm thrilled to have on the show today Jason Neufeld. He is a attorney in Florida and he deals with elder law and this is a big subject affecting silly people right now as we have this aging baby boomer population and glass touch it.

John, the agent rate in this country's hundred percent mortality is his will is as well. Down a long enough timeline wife expected everything drops to zero, so it does indeed and so I am really appreciate him kudos adjacent welcome to the show were glad to have you with here.

I tell this was to start off with the basics you some basic questions and assume that nobody knows anything about this at all. That's good guy and it's a fair assumption with this why elder law what what is it that's different about this and in dealing with caring for the elderly, legally and of the needs of the elderly versus anything else. What wise is such a specialty. Yeah, I think that the great work you're dealing with a population have needs that are so much more different than everyone else should do some pickles estate planning stop at the wills and powers of attorney. That's all important, but died in combat, especially as we age. They have needs like your thinking about long-term care whether it's in the home facility and these are things that you elder law is not just for the elderly. There are folks who are younger than age 65 I work with who are disabled also have their own special needs and long-term care concerns as well, elder law really will talk about it. It's part estate planning and hard long-term care planning. Oftentimes in the context of Medicaid I go deeper that with Medicaid because what happens if there's an estate involved, particularly in its okay to veer back into an appreciate you bringing it up the famous special-needs children so forth when there's an estate involved.

What about what happens with Medicaid and other types of government, potentially government benefits. So a lot of people get you back Medicaid and Medicare are two different things. Some people know what rocksolid people, interchangeable and start their care is what we all get turned 65. If you walk in the United States, and your status and are paying into the system and that for hospitalization and doctors and depending on what plan you get prescriptions and things like that when people hear Medicaid.

They are typically thinking about a health insurance program for those who are disabled and in top in my world.

It's not always like that in my world work.

We are thinking about Medicaid because I people as they get older their need for long-term care course going to increase Medicare again what everyone typically get has a very limited long-term care benefit Medicaid if you can qualify for it actually had a wonderful long-term care costs. I can only speak intelligently about Florida Florida practice and floor What I do, but Medicaid is a state federal program that differs a little bit nationwide and Medicaid will pay for some home healthcare for at least a portion of an assisted living facility bill for the entire basically of a skilled nursing facility or rehab facility. So when people are talking about these with me now get to hear Medicaid and they go well you know I am not like they think themselves to qualify for Medicaid and I go yeah I understand and that's what you're coming to someone like me who is able to legally and ethically protect your income and protect the assets that you want your life to accumulate and still get to qualify for the Medicaid long-term care's work from elder to special needs for just a bit because if you have a special needs child that is not necessarily dealing with a terminal affliction. For example, down syndrome and and I have a friend of mine's been on the show with several times who has a son now whose over 40 with down syndrome, my friends, over 70 and he's starting to really you know it's not starting realize he's here. It's dawned on him. Over the last several years that his son may very well indeed outlive him that it used to be the case with with denture because that the Arctic's heart issues that they went through and so forth brought life expectancy down to less than 30 for many many years and now here he is over 40 and my friend has an estate that he has Jesus already is low of royalties and things such as that.

And so, how to see work out leaving this and then having guardianship in all those kinds of things and this is where this is where you live. This is your work is on that intersection between planning and Medicaid planning because I got a little like a typical estate plan update what you just how well maybe just have a standard revocable trust.

Oftentimes that is awarded not properly you don't need proper.

Some people just don't need to consider special-needs children right and will might say when I pass away everything that my my kids probably factor merit my wife or my spouse and ran it when she passes away everything for kids equally, but that's a real problem if one of your children and your spouse. By the way, is a special-needs individual.

Some had some kind of physical, cognitive disability that if they are benefiting from needs-based public programs such as Social Security income and Medicaid because if they received this inheritance directly. They will then be kicked off of the program because in order qualify you have to have you completely affect income threshold more than a certain amount of money you will copy these programs automatically so with proper planning no, you can make sure that your affairs benefit from your your assets in your bounty and still not knock them off of their needs-based public benefits. He typically would doing little a mechanism of the special needs trust exactly I talked to some folks about this is the point of it. A lot of times I'm finding and and you tell me if I'm if I'm hitting the mark here, but I'm finding that grandparents for example, will initiate these kinds of things that have they have the you have assets and they want to set up that special needs trust for that grandchild who has special needs. Knowing that the parents are working hard to be able to cure this child and this will help funnel that income a little bit better for the child it doesn't knock them out of like you said knock them off of a Medicaid or anything like that but then they will be looking to the needs of that special needs family member that particularly a grandchild.

For example, are you seeing a lot of that comes thing and it also highlights the importance of knocking out your planning for your own special needs grandchild will now you have to make sure that anyone surrounded not grandchild. Anyway, that grandchild could potentially receive money.

They are doing the same thing right because if uncle John wants to get his special-needs nephew pops up a piece of his inheritance well again teammate with wonderful intentions provide for his neck, especially Even as well. Again, chronically the same problem which talked about ready to go directly to special-needs nephew Matthew was kicked off the benefit so not only grandparents and grandchildren cannot only parent clotting for children anyone surrounding the specialty visual `baby potentially interested in providing for them they have to do that same planning as well. In the reason I'm glad you brought that up is because a lot of parents may be grateful that their child is named in the will. But they need to think through this thing can they set up a special-needs trust after the fact, things so the child inherits a court of the million dollars, for example in and in the family's like oh you know, my goodness. We did, we need to act quickly on this commitment before that money is really taken receipt can the family quickly move and set up a special needs trust to avoid that child being kicked off of Medicaid and so forth, is that is that okay to do that yet child, especially Kyle had already received their inheritance. You can still use a different type of hot not a advantageous you if you got with an advance because the idea of it at your door money and know especially the goal you take your money and put it into a class by law, must be the type of cross that has all the Medicaid playback obligation when the trustee and one that special-needs child passes away if there is money left not cross the truck is obligated to notify the state the state from the bill and they have to pay that was left a nightclub back up to the amount of of the bill only if the bill is satisfied that you other people get to inherit.

Whereat that could compare that with it you claim in advance and you take someone else's money right with her parents money grandparents money uncles money and instead of giving it to the special will go directly put it into a trust for that person. That plus can be designed so that there is no Medicaid playback obligation. So I get the solution may not be as active thinkers. Once they receive the money. It is real quick and so is there a time limit on that you have 10 days 30 day six months. No source once it was a receive the money that you have to set this thing up or you might typically have the rest of the month. Figure out what you're doing with that money you still have money in their following month.

There okay I will go to get get into this a little deeper here were talking with Jason Neufeld is the turning South Florida and talks about the laws and also the special-needs children support family members. This is a very sticky wicket for us as caregivers.

This way could have experts like this, and his website is elder needs don't go away. We get more if he ever lit the stove on all be honest you know you have. We all have and the smoke fills up the kitchen. The smoke detector goes off dog starts barking, the phone is ringing and there's pandemonium everywhere. Had you like something to avert that with his new invention called fire avert. It plugs into your stove and it pairs with your smoke detector in the moment the smoke detector goes off, it shuts off the heat source to the stove, gas or electric and make sure that it doesn't turn into a fire. We have a lot of things going on all the time and a kitchen fire is not on the list of things we need to be stressed out about let's take that off the table.

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I am staining with help and hope the kid of this Peter you get a copy that CD today. We talked with Jason Neufeld he is the attorney in elder law keeps the acute care there because that's what I do here and he is in South Florida and Jason in the few minutes we got left ear wanted to ask you kind of obtuse questions on the work that word and today willfully ignorant is what your will is will I I am willfully end up with the guy I would ask you what are some common mistakes that people make in pursuing this list type of path when they're looking at stuff like this were some common mistakes that you found with folks yeah so one of the state that people make it bill their money away get their assets away themselves. I want to qualify for Medicaid which typically says you can't have more than $2000 Medicaid considered to be countable assets are likely not everything accountable but everything in the bank account accountable.

You know I got. I want this benefit and I know I can't have more than $2000 and I have let's say hundred thousand dollars in the bank account, and get 98,002 my kid because I want them to get my money anyway. And I want qualify for this Medicaid so everything works out well well unfortunately Medicaid got to that bunker. Years ago they instituted with no one at the five-year look back. And when you apply for Medicaid. You give the government the ability to conduct their own background. If your financial giving anything away. The last 60 months or five years and you know the felony collided want to do that is if you decide you want to list that yet low risk that you still have the right to do their own investigation and they often do if they find you give any assets away within five years of applying to going to disqualify you for a period of time you want to make sure you're not going to tell people I will get Bill Gates onto Medicaid if you gave me really really want to be all the kingdom right I get anyone onto Medicaid to help people always long-term care expenses. But there's a white little long way to do it and we have legal and ethical strategies to move the money around in a way that will not result in a penalty and people think that there's something weird and underhanded on I say not only is all very transparent with the government. We tell them exactly what it is that we did with the income or the assets and still light still under state and federal law. They still have to give my client. These benefits so were not hiding anything with just Nortel people think that a like this if you had $20 million in the bank you would be going to a fancy tax lawyer can think how can I pay as little taxes possible legally right and I tell people there's nothing like that is nothing illegal about that is what people do. I'm doing the same thing I'm doing it for working-class and middle-class upper little class folks to help save what they look sort of well it's it's not like the government. This will be a bad steward of the money is pointless. I would never dream to say that on the air. By the way that the government would be a bad steward of the money I would never dream anyway fashion for the government is about $30 trillion in debt would be a bit like oh yeah but these are because these are the rules are there and where different strategies like anything else, and it's not a zero-sum game or anything like that arrest just like my lights were to be completely open and honest with everybody and that's just a good strategy. All around for lots of different situations so it sounds sounds underhanded, but I tell people I don't have a magic walked right. I don't have one that has no clawback everything I do has closed in, on more than one way to skin this cat and everything I do has pros and cons, one on the client there disclosing their income and their assets and on the company thinking to them multiple strategies that are within the bounds of Medicaid laws and I will quickly get to be a combination of strategies to to move the money around to get them qualified or loved one, the caregivers work calling on behalf of their loved ones get access to resources that they didn't know they could have access to less question here. A lot of people think it wrongly so, but the stereotype is as if I were to go get a lawyer involved this cost me a fortune. This doesn't cost a fortune to Doucette all the stuff up.

This so if not three. I personally operate on a sliding yell. I try to make myself affordable to everyone and if they come to me with someone who comes to me with half $1 billion with the fact that they want to protect their PC will be more complicated but the little they paid me to hail in comparison to the savings not able to get up once I get that help paying for their home healthcare or help anybody LFL of the nursing home bill.

You know my thinking for yourself so many times over.

Very, very quickly, so what I tell people how much I'm able to put They don't care about my feet the best financial investment will ever make in our entire lives.

That's biweekly but they are no comes to this this particular field. I concur with you this woman have you show because I know what this thing can solve and protect people from we never really know the pain of feeling what were protected from, but I've seen people who didn't go down this path and it is Charybdis.

What happens to them and the D bills. It can add up when you're caring for somebody not just in nursing homes and not just think such that there are so many different little bills there is that you don't really think about transportation specialist resignation. All these things can be paid out of a special needs trust that Medicaid may or may not pay, but if but the point is if you don't set this thing up properly. You're going to get into some really ugly territory and so you are providing a tremendous pass for people to get some Kelso I know you're in Florida that a lot of our listeners are going to be well actually I just had a pretty good audience John in Germany. I know exclamation all the folks listed in Germany. Thank you for being a part of the show the adoption and so but but I want for those who are considering this Jason certainly has made himself available if you would reach out to him email or whatever and if you have some questions or things like that, or if you know somebody in Florida that you will refer to them. This would be a tremendous gift and its elder needs elder needs and it's Jason Neufeld and Jason I want you to appreciate you being on the show was today. I had a great time. Thank you.

Bradley Peter and then tell your boys tell your boys for me and John both of us are pianist. Tell your boys keep practicing the adolescent still obtained arising okay.

I will absolutely go be with your family. Thank you for taking little time with us this Sunday evening and I'm very very grateful for your Jason will look for to have your some more okay Jason. Jason Neufeld elder needs This is been Roseburg. This is a show for caregivers. Hey Jon, I don't talk about something that affects every character view for me talk about the mere obligation guilt.

The fog of caregivers delve into fear, your freedom. Roseburg is never helped somebody walk the first time I've had that privilege many times through our organization. Standing with hope when my wife Gracie gave up both of her legs follow this horrible Rick that she had as a teenager and she tried to save them for years and if it just wouldn't work out. And finally she relinquished him and thought wow this is that I'm not happy legs anymore.

What can God do with that and then she had this vision for using prosthetic limbs as a means of sharing the gospel to put legs on her fellow amputees and that's what we been doing now since 2005 was standing with hope. We work in the West African country of Ghana and you can be a part of that through supplies through supporting team members through supporting the work that were doing over there.

You could designate a limb. There's all kinds of ways that you can be a part of giving the gift that keeps on walking and standing with would you take a moment ago understanding with and see how you can give they go walking and leaping and praising God. You could be a part of as a caregiver. Think about all the legal documents you need power of attorney will, living wills, and so many more then think about such things as disputes about medical bills. What if instead of shelling out hefty fees for a few days of legal help paid a monthly membership and got a law firm for life. Well, we are taking legal representation and making some revisions in the form of accessible, affordable, full-service coverage. Finally, you can live life know you have a lawyer in your back pocket who at the same time is an empty it's called legal shield and its practical, affordable and a must for the family caregiver visit caregiver that's caregiver Isn't it about time someone started advocating for you on independent associate

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