Planning Long Term Care

As the cost of long-term care continues to rise, navigating long-term care options requires a mix of healthcare choices, financial forecasting, and legal protections. It’s natural to feel overwhelmed.

From choosing the right residential setting to creating legally sound advance directives, planning ahead for your long-term care helps ensure your wishes are honored if you ever become unable to advocate for yourself.

This article provides guidance on the essential pieces of long-term care planning. Learn about the legal tools recommended to protect your interests and wishes and practical strategies to fund your future care. If you need legal guidance with long-term care planning or want a legal expert to review a nursing home contract, contact an attorney near you.

Understanding What a Long-Term Care Plan Is

The purpose of a long-term care plan is to help you or a loved one comprehensively prepare for the future. A long-term care plan is not synonymous with end-of-life care but can include provisions for that as well. If you do not have a disability or are not elderly, you may need to anticipate your potential needs in the future. These include but are not limited to:

• Assistance with the activities of daily living (ADLs)
• Potential medical needs
• Financial affairs (how much you may need to live if you enter long-term care)
• Legal affairs (do you need a legal representative?)
• Identifying potential caregivers
• Long-term care insurance policy
• Identifying housing needs
• End-of-life care

These are just a few significant elements to consider when creating a long-term care plan for yourself or a loved one.

Examples of Long-Term Care Options

Everyone has unique needs. The type of long-term care you need depends on your personal situation. A few types of long-term care options include:

Home Care Services

Home care services include services provided by licensed individuals who take care of your personal needs in your home. Many people facing long-term care don’t want to go to a nursing facility because it feels impersonal. With a home health aide, you can stay in your home and receive personalized care.

Skilled Nursing Facilities

Skilled nursing facilities are geared towards short-term stays. A patient discharged from the hospital but still in need of medical support might not be ready to be home alone yet. The hospital may recommend that you stay at a skilled nursing home for a few weeks as part of your discharge planning.

Nursing Homes

Nursing homes differ from skilled nursing facilities in terms of expected length of stay. Patients with short-term needs typically go to skilled nursing facilities, where they can recover and rehabilitate before discharge. Nursing homes are often a more permanent option. Nursing home residents have often overwhelmed their family members’ ability to care for them at home.

Nursing homes are an attractive option because resident care is paramount at these healthcare facilities. Although nursing homes are usually associated with older adults, nursing home care is for anyone who needs round-the-clock quality care. Although nurses and nurses’ aides run these facilities, they typically have an attending physician on staff.

Assisted Living Facilities

Assisted living facilities are a cross between a nursing home and a skilled nursing facility. Residents in assisted living facilities don’t need as much care as those in nursing homes or skilled nursing facilities. They need some care, but can still handle parts of their day-to-day life.

One advantage of these types of long-term care facilities is that they are regulated by the local Department of Health (DOH). Typically, a local DOH has a long-term care ombudsman who advocates for residents in these facilities. They ensure that resident rights are not abridged. This includes all of their legal rights as identified under state law or federal law.

For more information about your state’s ombudsman program,  contact your state agency. It will likely be named something similar to:

• Department of Health
• Department of Human Services
• Department of Social Services

There are also several legal tools you can use to help you plan for long-term care.

An attorney can help you review facility contracts and navigate Medicaid eligibility. You don’t have to make these decisions alone. Find local legal help.

Planning for Long-Term Care

It’s important to note that long-term care will also include financial planning and forecasting. Many people use advance directives, like living wills and powers of attorney, to develop long-term care plans. These tools will help you solidify your plans. These forms are not a substitute for legal counsel. You should speak to an estate planning attorney if you plan to use these forms or have any questions.

Living wills are documents that identify your wishes and preferences for medical treatment. You can also use this document to refuse treatment under specific conditions. For example, someone may prefer no life-sustaining treatment if they can no longer breathe.

You can appoint a healthcare proxy in a power of attorney. A healthcare proxy can be authorized to do any of the following:

• Make healthcare decisions on your behalf if you cannot do so yourself
• Speak to your healthcare provider about your health status and patient rights
• Review your medical records

This is not an exhaustive list.

Planning ahead for your long-term care can reduce stress and uncertainty for your loved ones and family. Find local legal help.

Paying for Long-Term Care

Long-term care can pose an additional recurring expense during your retirement years, regardless of the type of care you need. Some people can pay for this type of care out of pocket. Others have a healthy retirement savings portfolio to pay for quality care. Health insurance can cover some of the costs.

Long-Term Care Insurance

Some people opt for long-term care insurance. With this insurance, you pay regular premiums now, and the insurance company will pay for your long-term care according to the terms of your policy.

Medicare and Medicaid

Although Medicare is health insurance for older adults, it does not cover long-term nursing care. Medicare will cover up to 100 days in a nursing home, with daily co-pays. After those 100 days, Medicare patients must cover the full cost of care. Those eligible for Medicaid can use it to pay for long-term care, provided the facility accepts it.

Get Legal Help With Long-Term Care Planning

Planning for your long-term care is often overwhelming, and getting help is a good idea. Attorneys who specialize in long-term care are experts in estate planning and can review or draft advance directives for you. Consider reaching out to a qualified estate planning attorney to ensure you and your loved ones are provided for in the years ahead.

FindLaw’s directory of estate planning lawyers can get you started. Enter your city or ZIP code for a list of qualified legal professionals near you. Because your state’s laws are relevant, your attorney should be licensed in your state. Your search results will also show important details about prospective attorneys, like ratings and whether they offer free case evaluations. 

Long-Term Care Planning: DIY Resources

If you are interested in resources to help you as you plan for long-term care, see FindLaw’s Legal Forms and Services Section. Do-it-yourself forms are available for the following:

• Living wills
• Powers of attorney
• General estate planning packages

Other forms and additional information about long-term care planning are also available.