Protecting our elderly in McPherson, Kansas
Wise & Reber, L.C., works to protect the elderly in McPherson and throughout Kansas as part of our elder law practice. We are dedicated to helping our elder population, because of our commitment to fair treatment for everyone, even when those people may be in a weaker position than others.
We are able to represent the elderly or those who have durable power of attorney in any matter that may have a unique effect upon this population:
- Division of assets
- Nursing home negligence
- Estate planning & probate
We bring claims of nursing home negligence as part of our personal injury practice and are able to help resolve these claims in settlement, mediation, arbitration, or litigation.
Understanding Medicare and Medicaid
Medicare, part of the Social Security Act, is intended to provide medical insurance benefits for any individual over age 65 who is eligible to receive Social Security old-age benefits:
- Medicare Part A provides a hospital insurance program and Medicare Part B provides supplementary medical insurance.
- After the Balance Budget Act of 1997, beneficiaries have the option of receiving benefits through private health insurance plans commonly known as Part C, or Medicare + Choice.
- Medicare Part D covers prescription drugs.
Each Part has separate rules and regulations. Medicare is designed to address acute care issues and is not designed for chronic conditions or long-term care needs.
Medicaid is a welfare-based program designed to help pay for the medical expenses of those individuals who are financially destitute. Medicaid does, however, have long-term care benefits (nursing home) if eligibility criteria are met.
What to do when you need long-term care
The cost of a nursing home stay in Kansas can easily run $5,000.00 a month or more, and the options for paying for long-term care are fairly limited.
A resident can pay from his or her own funds or use the benefits from a long-term care policy, but these policies have rules and restrictions shown in the policy limiting the maximum amount and time that such policies will pay.
Spouses may be able to manage nursing-care costs through Medicaid benefits after successfully completing a division of assets. This addresses the situation where one spouse medically needs to live in a nursing home, but the other spouse is still able to live in the community. The community spouse can keep a certain amount of assets and income to help sustain them in the community. The remaining assets must be "spent down" to the eligibility criteria. Thereafter, the nursing home spouse can qualify for Medicaid.
Please contact the office to learn more about what types of situations may benefit from an elder law attorney.