What a Family Caregiver Needs to Know

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August 9, 2022 •  The Estate & Elder Law Center of Southside Virginia, PLLC
If you're a caregiver, part of your job may be to keep track of your loved one's legal affairs. You probably know — or are learning — that it's a big responsibility. It is always a good idea to consult with a Certified Elder Law Attorney, to make sure that proper estate planning is in place!
Robert W. Haley, managing lawyer
Robert W. Haley
Certified Elder Law Attorney® Robert W. Haley brings over 27 years of legal expertise and knowledge to his firm, which concentrates solely on the areas of elder law, estate planning (Last Will & Testaments, Durable Powers of Attorney, Health Care Powers of Attorney, Living Wills, Trusts, etc.,.) Asset Protection/Medicaid Planning and fiduciary services. For many years, Robert practiced in real estate law, and in general practice, but decided to narrow his focus to elder law and estate planning when he realized the tremendous need for proper planning to be filled in Southside Virginia.

AARP’s recent article entitled “A Legal Checklist for Family Caregivers” provides some tips on how to protect your relative's legal rights — and your own. This article goes into detail on what a family caregiver needs to know!

  1. Have the correct documents. In addition to a will, make certain that your loved one has a durable power of attorney (POA) for both health care and financial affairs. These documents allow an appointed individual to make medical or financial decisions for a frail or incapacitated relative. The health care POA is part of an advance directive. The other part is a living will, which states your wishes for care if you have a serious illness — for example, whether and when life-sustaining treatment should be stopped in a situation where end of life is imminent.
  2. Create a family plan. Talk about caregiving issues with the involved family members. Write down who will be responsible for which caregiving roles — and have everyone sign. It’s not a legal document, but it will help keep peace within the family by making everyone's role clear and worked out ahead of time.
  3. Organize important papers. Most people don't know how many legal documents they already have, or how many they will need for matters that will arise! The important ones include:
  • Birth certificate
  • Citizenship papers
  • Marriage certificate
  • Divorce decree
  • Death certificate of a spouse or parent
  • Military discharge papers
  • Power(s) of attorney
  • Insurance policies
  • Deeds to property
  • Deeds to cemetery plots
  • Pension benefit

Organize these documents into files that are easy to use, perhaps in a folder or binder, where these would all be in one place.

  1. Explore potential financial help. Look into available public benefits such as:
  • Social Security Disability Insurance (SSDI), monthly payments for people unable to work due to a serious medical condition
  • Supplemental Security Income (SSI), a benefit for older, disabled, and blind people with very limited income and assets
  • Medicare and Medicaid
  • Veteran’s benefits, including financial support for caregivers of former service members; and
  • Supplemental Nutrition Assistance Program (formerly known as food stamps)

As you can see, there is a lot that a family caregiver need to know! For example, it is important to review your loved one's insurance and retirement plans, including (where applicable) life insurance, disability coverage, pension benefits, long-term care insurance and workplace health insurance to see if any cover home health visits, skilled nursing, mental health services, or physical therapy and other short-term assistance.

  1. Look for tax breaks and life insurance bargains. Your family member may be able to claim federal tax deductions for many health care costs, such as:
  • A hospital bed or wheelchair
  • Out-of-pocket expenses not covered by health insurance
  • A home remodel to make it accessible; and
  • Hiring a short-term or part-time home health aide to provide respite for the main caregiver.

Keep your receipts for medical expenses and see if your loved one has a life insurance policy that makes accelerated death payments to help pay for long-term care.

  1. Think beyond your loved one. If a parent dies or becomes unable to take care of people who depended on them, you may need to take on additional caregiving roles. This includes assuming responsibility for adult children with special needs. Be sure that the child receives all available benefits, like SSDI, local and state disability, special education programs and transportation assistance.

Family of a loved one can have a lot of questions when it comes to what a family caregiver needs to know! It is always a good idea to consult with a Certified Elder Law Attorney, to make sure that proper estate planning is in place! An attorney that only focuses on this practice area has vast experience in future planning and can be an invaluable resource. Contact us to learn more on how we can help you and your loved ones protect what is important, both now and in the future. We have offices in Bassett, Danville, and a newly-added office location in Lynchburg to better serve you.

Reference: AARP (Jan. 21, 2022) “A Legal Checklist for Family Caregivers”

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