LAUREL —
A common event in the office of an elder law attorney is the specter of a second marriage and the misconceptions that come with those rights, responsibilities and planning issues. Let’s call them horror stories.
An elderly couple, Terri and Jim, had met in an assisted living facility. They fell in love and soon married. Then the problems started. Terri began a physical and mental decline that led to an increasing level of care in the assisted living facility and soon was moved to a nursing home. Terri and Jim both had saved about the same amount of money, but Terri’s money had been spent.
Jim was in much the same shape but he remained in the assisted living facility. When Terri died, Jim had only about $75,000 left. Neither Terri nor Jim had any idea of how the impact of long term care would affect them. Jim was totally unaware that Terri could have qualified for Medicaid before she died.
Jim’s health rapidly declined. He had always been secretive about his finances (a very common problem). His children were concerned that Jim would not be able to stay in the assisted living facility much longer and his money would run out. Jim had resisted any help in dealing with his situation and had signed a contract with the assisted living facility. His children had no idea what was in the contract and Jim did not remember. Jim reached the point that he could no longer make any decisions for himself, and his children would now have to make some very difficult decisions. But, instead of having a plan in place with options to choose from, the family was forced to react in a crisis mode. This was a nightmarish situation for the family and it could have been avoided by planning ahead.
When faced with nursing home care, make sure you have explored your Medicaid options and that you are eligible when you apply. This is a big step because many people fail to realize that they are eligible for Medicaid benefits and spend all their money unnecessarily. Medicaid rules are complex. It is always a wise idea to consult an elder law attorney to avoid mistakes that could be very costly.
Attorney/Columnist Jim Wilson is the principal of Wilson Elder Law Center with offices in Ocean Springs and Hattiesburg. He can be reached at 228-872-3123 or visited online at www. wilsonelderlaw.com.
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Jim Wilson Photo/submitted
The Second Marriage Long Term Care Problem
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