Planning Long Term Care

This FindLaw article provides general information about long-term care planning.

Understanding What a  Long-Term Care Plan Is

The purpose of a long-term care plan is to help your 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 elderly, you may have to imagine 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

Everyone has unique needs. The type of long-term care you need depends on your personal situation. Here are a few examples of long-term care options.

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 the comfort of 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 alone at home yet. The hospital may recommend staying at a skilled nursing home for a few weeks as part of your discharge planning.

Nursing Homes

Nursing homes differ from skilled nursing facilities based on the expected time. 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 nurse’s 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 someone in a nursing home or skilled nursing facility. 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 the residents of these types of 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.

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.

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 have to cover the total cost of care. Those eligible for Medicaid can use it to pay for long-term care as long as the facility accepts it.

Get Legal Help

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 make sure you and your loved ones are provided for in the years ahead.

Long-Term Care Planning Resources

If you are interested in resources to help you as you plan for long-term care, check out 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 is also available.

Learn About Planning Long Term Care

Is Long-Term Care Insurance Right For You?

• Long-term care insurance (LTC insurance) provides health insurance coverage for an extended period, covering expenses that other insurance providers do not. Learn more about the benefits of LTC insurance in FindLaw’s article.

Home Care Options for Elders

• Certain elderly individuals benefit from home care instead of living in a nursing facility or other options. Learn about the benefits and downsides of home care and whether it’s right for you.

Long-Term Care Insurance: Risks and Benefits

• FindLaw’s guide to the advantages and disadvantages of buying long-term care insurance. This article explains when most people buy LTC insurance, your odds of staying in a care facility, and much more.

Do I Need a Lawyer To Write a Durable Power of Attorney?

• A durable power of attorney will allow you to dictate how you want your health care and finances handled if you cannot handle them yourself. Learn about what a durable power of attorney entails.