1 mile west of the Chicago Premium Outlet Mall (800) 810 3100
By Rick Law of Law Elder Law in Aurora, IL  Serving seniors in Western Chicagoland with estate planning, asset protection, retirement income, and elder law.   Anyone who is eligible for free Medicare hospital insurance (Part A) can enroll in Medicare medical insurance (Part B) by paying a monthly premium. An individual who is not eligible for free hospital insurance can buy medical insurance, without having to buy hospital insurance, if that person is age 65 or older and is:
  • a U.S. citizen or
  • a lawfully admitted non-citizen who has lived in the United States for at least five years.
Part B helps pay for doctor services and many other medical services and supplies that are not covered by hospital insurance. Under Original Medicare, if the Part B deductible applies, a person must pay all costs until that person meets the yearly Part B deductible ($140 in 2012) before Medicare begins to pay its share. Then, after the deductible is met, the person typically pays 20 percent of the Medicare approved amount of the service, if the doctor or other health-care provider accepts assignment. There is no yearly limit for what a person pays out-of-pocket. Individuals who have Medicare Parts A and B can join a Medicare Advantage plan. Medicare Advantage plans are offered by private companies and approved by Medicare. Medicare Advantage plans generally cover many of the same benefits that a Medigap policy (discussed below) would cover, such as extra days in the hospital after having used the number of days that Medicare covers. Part C plans are available in many areas. People with Medicare Parts A and B can choose to receive all of their health-care services through one of these provider organizations under Part C. Medicare Prescription Drug Plans (Part D) Anyone who has Medicare hospital insurance (Part A), medical insurance (Part B) or a Medicare Advantage plan (Part C) is eligible for prescription drug coverage (Part D). Joining a Medicare prescription drug plan is voluntary and requires an additional monthly premium for the coverage. Some beneficiaries with higher incomes will pay a higher monthly Part D premium. Part D helps pay for medications that doctors prescribe for treatment. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
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By Rick Law of the Estate Planning Center at Law Elder Law in West suburban Kane County in Illinois. As I’ve discussed in the past, Medicare is concerned about care only as long as a person can get well. There are a few exceptions to that, due to political lobbies that were strong enough to make changes. For instance, Medicare cares for people who have amyotrophic lateral sclerosis, or Lou Gehrig’s disease, and about people with chronic renal failure. Why? Because these diseases or conditions had a big enough lobby to get the Medicare law changed. Medicare does not care about Alzheimer’s disease and was never designed for long-term care. The benefit of Medicare Hospital Insurance ( Part A) is that it helps pay for inpatient care in a hospital or skilled-nursing facility (following a hospital stay), for some home health care, and hospice care. According to the Centers for Medicare & Medicaid Services publication “Medicare & You”, Medicare covers 100 percent of medically necessary home health care services, but the individual pays 20 percent of the cost for medical equipment. Medicare covers hospice care once a doctor certifies an individual as terminally ill with six months or less to live. Coverage here includes drugs and medical costs, including equipment and services. Medicare usually does not cover things like spiritual and grief counseling. As of 2014, these were some of the things Medicare may help cover for those who are eligible:
  • An individual pays nothing for hospice care, but does pay up to $5 per prescription for outpatient drugs and 5 percent of the costs for inpatient respite care.
  • The individual pays a deductible of $1,156 and no copayment for the first 60 days each benefit period, $289 for days 61 to 90 each benefit period, and $578 per “lifetime reserve day” after day 90 each benefit period (up to 60 days over a lifetime).
  • Individuals pay all costs for each day after the lifetime reserve days.
  • Inpatient mental health care in a psychiatric hospital is limited to 190 days in a lifetime.
Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
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By Rick Law, Estate Planning and Asset Protection attorney at the Estate Planning Center of Law Elder Law, just outside Chicago in Aurora, IL There are four parts of Medicare coverage: hospital insurance, medical insurance, Medicare advantage plans, and Medicare prescription drug plans, all with their own eligibility requirements. Hospital Insurance (Part A) – According to the Social Security Administration, most people age 65 or older who are citizens or permanent residents of the United States are eligible for free Medicare hospital insurance (Part A).  You are eligible at age 65 if:
  • You receive or are eligible to receive Social Security benefits; or
  • You receive or are eligible to receive railroad retirement benefits; or
  • Your have a spouse who is eligible; or
  • You or your spouse (living or deceased, including divorced spouses) worked long enough in a government job where Medicare taxes were paid; or
  • You are the dependent parent of a fully insured deceased child.
Individuals who do not meet these requirements may be eligible for Medicare hospital insurance for a monthly premium. Usually, this hospital insurance is only available during certain enrollment periods. Before age 65, you are eligible for free Medicare hospital insurance if:
  • You have been entitled to Social Security disability benefits for 24 months; or
  • You receive a disability pension from the railroad retirement board and meet certain conditions; or
  • [You] receive Social Security disability benefits because [you] have Lou Gehrig’s disease (amyotrophic lateral sclerosis); or
  • You worked long enough in a government job where Medicare taxes were paid and you meet the requirements of the Social Security disability program; or
  • You are the child or widow(er) age 50 or older, including a divorced widow(er), of someone who has worked long enough in a government job where Medicare taxes were paid and meet the requirements of the Social Security disability program; or
  • You have permanent kidney failure and receive maintenance dialysis or a kidney transplant and:
    • You are eligible for or receive monthly benefits under Social Security or the railroad retirement system; or
    • You have worked long enough in a Medicare-covered government job; or
    • You are the child or spouse (including a divorced spouse) of a worker (living or deceased) who has worked long enough under Social Security or in a Medicare-covered government job.
Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.   Call 800-310-3100 for your free consultation now!
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by Elder Lawyer Rick L. Law. Serving seniors in Western Chicagoland with estate planning, asset protection, retirement income, and elder law.  Conveniently located off the I-88 tollway, just west of the Chicago Premium Outlet Mall. At Law Elder Law, we have been serving seniors and those who love them for  ten years. Now I’m a senior citizen. In my experience, few lawyers understand the duty and subtleties of dealing with Rule 1.14, pertaining to older adult clients. Lawyers face a growing challenge when dealing with older adults. They are now a special class of clients for whom the lawyer must create new service systems. Recently, I presented a Continuing Legal Education class for a wide range of attorneys. Here are some of the key points: The lawyer has a duty to do a legal analysis of an older adult’s mental capacity:
  1. Observe and interpret signs of diminished capacity;
  2. Evaluate understanding in relationships to specific legal elements of capacity to the transaction at hand;
  3. Consider the degree of risk to the client and the ethical factors set out in the Comment to Rule 1.14;
  4. Document capacity observations; and
  5. Take appropriate actions in response.
The most important single factor for an attorney regarding whether or not a person has diminished capacity is whether or not the person is acting in concordance with their longstanding character. The attorney must be willing to spend sufficient time to interview and investigate the longstanding character of the prospective client. For more information on this topic, see “Alzheimer’s and the Law: Counseling Clients with Dementia and Their Families” by Rick Law and Kerry Peck, published by the American Bar Association. If you’re ready to start getting your estate in order and secure your assets for the “worst-case” scenario, please give our office a call at 800-310-3100. Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now. Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
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By Estate Planning attorney Rick Law of the Estate Planning Center at Law Elder Law – senior advocates and elder care attorneys located in Aurora, IL Medicare is primarily designed to provide care for people over the age of 65 who can get well, and is supposed to pay for acute care assuming the person needing the care is placed as an inpatient. “Inpatient” is a key term and has become a controversial issue. Hospitals are starting to have people who are there to undergo tests, but these people are determined to be “under observation,” which means they are on their own when it comes to paying their medical bills. Medicare helps pay for inpatient care in the hospital or skilled nursing facilities following a hospital stay. But, it’s not just any hospital stay; basically, a person has to have three midnights in the hospital before qualifying for skilled nursing care in a rehab center or home health care.  A person could actually be in the hospital for multiple days, having multiple tests, and seeing multiple doctors, and but if they have not been “admitted”, the patient is classified as being merely “under observation”.  They need to be prepared to pay multiple bills! Medicare is concerned about care only as long as a person can get well.  There are a few exceptions to that, due to political lobbies that were strong enough to make changes. For instance, Medicare cares for people who have amyotrophic lateral sclerosis (Lou Gehrig’s disease), and about people with chronic renal failure. Why? Because these diseases or conditions had a big enough lobby to get the Medicare law changed.  Medicare does not care about Alzheimer’s disease and was never designed for long-term care. Although Medicare can sometimes cover up to 100 days in a skilled nursing facility, it is intended for patients who need recovery or rehabilitation from surgery or illness. For Medicare to pay for a stay in a nursing home, patients must continue to recover during their stay. Individuals in the middle to late stages of Alzheimer’s typically require custodial care instead of rehabilitative care. “Custodial care” means assistance with preparing meals, bathing, grooming, toileting, and other activities of normal daily life. It may appear that this is skilled care, and even involves measures to keep individuals from harming themselves or others, but Medicare is not going to pay for this custodial care. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.  Call 800-310-3100 for your free consultation now!
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By Elder Law Attorney and Senior Estate Planner Rick Law, managing partner at the Estate Planning Center of Law Elder Law in west suburban Aurora, IL. Medicare is the federal medical insurance plan for senior citizens and individuals with disabilities, but Medicare does not cover the kind of long-term care that those inflicted with Alzheimer’s disease require. Medicare provides care for individuals who are blind, have disabilities, or are over the age of 65 and needacute medical care. “Acute medical care” means an individual has been diagnosed with an illness or other medical issue where there is a high probability that the individual can recover and return to a normal life. When Medicare was born in 1965, the average male died before ever reaching 65 years of age and the average female lived to be about 70. So when Medicare was first designed, it was created in a society where most people would never qualify for it or, if they did qualify, they would qualify for a relatively short amount of time. Looking to the other side of the equation, many people believe that Medicaid is just about paying for care for poor people. Medicaid was designed to be the part of the social safety net that provided health care for people who were too poor to be able to have their own health care. It was limited in what it was going to do because it was “means tested”, meaning that it was only available if someone qualified under certain poverty limitations. In 1965, there was no such thing as assisted-living facilities. Assisted living is for a person who has gotten to the point in life to have chronic care conditions—chronic meaning the person is never going to get well. That is an important difference between Medicare and Medicaid.  Medicare does not cover chronic medical care services for most individuals who are suffering from a long-term illness or medical problem where there is a high probability that they will not recover and will not return to a normal life. Many people believe that Medicare will provide them with long term care benefits if they need to be in an assisted-living facility or a nursing home, but they are mistaken! Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.    Call 800-310-3100 for your free consultation now!
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By Rick Law. Lead Attorney at the Estate Planning Center of Law Elder Law in the West Suburban Aurora, IL.  Serving Seniors and their Families in DuPage, Kane, Kendall, Will, DeKalb and Cook Counties in Illinois. Medicare does not care about in-home care, assisted-living care, or nursing home care. There are no Medicare reimbursement codes for that kind of care. So imagine your loved one with Alzheimer’s starts to have memory issues that cause her to be unsafe in her own environment.  She needs to have someone come in to be with he or she needs to go somewhere where she is supervised and the environment is controlled.  Medicare does not care about providing that kind of care. That means your loved one with Alzheimer’s will have to pay for her care out of her pocket, out of her savings. If she had a long-term-care policy—she didn’t, and most people don’t—it may have helped pay for her needed care. With a long-term care policy, Medicare continues to pay for all the things that it paid for before: acute care. When she finally gets down to $2,000 or less of assets (because she’s a single individual), she can qualify for Medicaid nursing home benefits and she can move to a nursing home. On the other hand, your neighbor who has had a heart disease diagnosis, has had over $500,000 of health care provided by Medicare and hasn’t had to spend down all of her assets. The second person didn’t do anything wrong and when she had a heart attack, Medicare paid for her benefits. But the first example worked all of her life, saved her money, and also did everything right. Why should she be denied care? In 1965, a political decision was made that Medicare would cover acute care because those were the problems of the time. Now a couple of generations have passed, and the problems of the elderly are no longer just acute-care issues. Many seniors believe that Medicare will pay for their nursing home costs. After all, the language states that Medicare will pay for “skilled care,” and we refer to facilities as independent, assisted, and skilled.  They are shocked to discover that the benefits they paid into nearly their entire lives will not pay for their “skilled care” in the nursing home. In both instances, these women paid into the Medicare system through contributions from employment income. However, the hard truth is that one will be able to access those benefits and one will not. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.   Call 800-310-3100 for your free consultation now!
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 By Elder Law and Estate Planning Lawyer Rick Law.  Law Elder Law provides legal services for seniors in the West Suburbs of Chicago, Illinois. When it comes down to it, the health-care system isn’t a whole lot different from a lottery system. If someone gets a diagnosis that has a  Medicare reimbursement code, then Medicare cares about that person’s care and will cover it. If someone gets a diagnosis that’s not covered by Medicare, Medicare does not care about that person’s care and will not pay. There’s a story of two sisters of the same relative age, sharing the same genes and even living on the same street. One sister had heart issues and was able to rely on Medicare. The other sister was not so “lucky” and had Alzheimer’s disease. The unlucky sister was unable to use Medicare to pay for her needed long-term care. In essence, the first sister won the diagnosis lottery. Medicare cares about helping seniors to not die of heart attacks or strokes. For the sister that had a heart problem, there was a Medicare reimbursement code to take care of almost everything that she needed: medication, health services, rehab services, hospital services, doctor services. She was provided an enormous amount of care—probably half a million dollars or more because there was a Medicare reimbursement code for the diagnosis that she had. Medicare didn’t completely abandon the sister with Alzheimer’s. When she got a urinary tract infection and had to go to a hospital as an inpatient, Medicare paid for her acute care. Part B paid for doctor services.  Part D helped pay for medications, such as Aricept and Risperdal. But look at what’s not covered. Someone who has memory issues and starts to need assistance will not be able to access Medicare benefits for care. When the sister with Alzheimer’s started to have memory issues, she was living at home. One day she decided to turn on the water in the bathtub upstairs and she didn’t turn it off. She didn’t turn it off for a couple of days. At this point it became obvious that the sister was no longer safe in a normal environment and somebody needed to be overseeing her activities of daily living. She needed in-home care, which is not covered by Medicare. Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.   Call 800-310-3100 for your free consultation now!
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 By Elder Law and Estate Planning Attorney Rick Law, of the Estate Planning Center at Law Elder Law LLP Let me introduce you to Scott Ewing, chief operating officer at the Oaks – a United Methodist Continuous Care Retirement Community located in Orangeburg South Carolina, just inland from Charleston. The Oaks plays host to some exciting caregiving related work, designed to give people diagnosed with dementia the ability to live at home with dignity while providing peace of mind for family members and caregivers.  They provide traditional senior services and care combined with a look to the future, recognizing that there is extraordinary pressure to move long-term care from the institutional facility back into the community. The Oaks is providing caregiver monitoring for Scott’s 87-year old mother who still lives at home 600 miles from Orangeburg. Without the technology in her home, she would need to live at an assisted-living facility.  I asked Scott to explain how this new technology helps his mother, and here’s what he said: “I’m a nursing home administrator so I understand costs very well. I had to have a discussion with my family about the risks versus reward of keeping Mom at home. My fear is not that she falls, because I know she’s going to fall—she’s elderly—but if she falls and something happens and she’s undiscovered, that would be terrible. But with this technology, we can know that if she falls we’ll get an alert. My mother is a retired schoolteacher and not particularly affluent. The cost of a nursing home where she lives in Maryland is $7,000-plus a month. Assisted living would be $5,000-plus a month. When you put in the technology, you have up-front costs for the system—but that is less than one month of assisted living. With what we have put in, my mother can continue to live in her home of 53 years, and all her neighbors are around to help and support her. If I get an alert, I call a next-door neighbor and they’ll check on her. She’s had some of the same neighbors all her life. It’s been tremendous and very liberating for her to have the technology so she can stay at home.” While we were doing this interview, Scott got an alert that his mother had been in the bathroom more than one hour. He excused himself and went to make a call. He returned and told us that she had responded somewhat sheepishly, “I’m sorry, son, I must have fallen asleep.” Too many families needlessly lose everything they have.  Don’t let that be you.  If you need help paying the overwhelming cost of long term care, give our office a call at 800-310-3100.  Your first consultation is absolutely free.  We’ll let you know what steps you need to take, right now, to protect yourself and your family.  Call now, because when you’re out of money, you’re out of options! Sincerely, Rick L. Law, Attorney, Estate Planner for Retirees. Rick was named the #1 Illinois elder law estate planning attorney by Leading Lawyer Magazine. He has been quoted in the Wall Street Journal, AARP Magazine, TheStreet.com, and numerous newspapers and articles. Rick is the lead attorney for Law Elder Law, LLP, focusing in Estate Planning, Guardianship, and Nursing Home Solutions. His goal is to give retirees an informed edge when it comes to dealing with an uncertain future.  Get flexible retirement strategies that work during good times and bad, plus information on how you can save your home and assets from being used to pay for long term care.   Call 800-310-3100 for your free consultation now!
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