8 THE QUEENS COURIER • QUEENS BUSINESS • JUNE 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM queens business The Elder Law Minute TM Considerations When a Spouse Needs Nursing Home Care BY RONALD A. FATOULLAH, ESQ. AND STACEY MESHNICK, ESQ. Nursing home care in the New York Metropolitan area can cost up to $18,000 per month. When one spouse becomes ill and requires nursing home care, the well spouse should seek the proper advice regarding the resulting issues and possible solutions. When contemplating nursing home admission, a couple should make sure that all of their necessary documentation is in order. If they haven’t already done so, the couple should execute advance directives, namely a Power of Attorney, Health Care Proxy and Living Will. Th ese documents will allow the well spouse and/or the children, if any, to act on the sick spouse’s behalf. If Husband lacks the capacity to execute documents, a guardianship proceeding with a request to engage in Medicaid planning and other fi nancial transactions may be necessary. If payment options such as long-term care insurance are not available, Medicaid planning may be necessary. If the couple is engaging in Medicaid planning, the well spouse should execute a new will leaving out Husband so he does not inherit assets ELDER LAW if the well spouse dies before him. If Wife does not want to disinherit Husband, she can execute a will that includes a special needs trust for the benefi t of Husband that terminates upon his death. Another consideration is determining the appropriate facility for placement. Caregivers are oft en confused as to which placement option is best. An attorney can discuss the options and can also connect the client to a team of professionals, such as nurses and social workers, who can best help the well spouse navigate through the process. Part of the Medicaid process is reviewing all of the couple’s income and assets and determining their eff ect upon Medicaid eligibility. It is important for the client to become educated regarding the applicable regulations so that she can make an educated decision as to whether to proceed with a Medicaid application. Spouses with assets above statutory levels must sign a “spousal refusal” editorial Employment Matters Column Make Meetings Matter Q: Dear Mindy, I am a manager who hates to be distracted by the endless meetings I am required to attend. While I know that meeting with staff is an important part of my job, I am looking for ways to ensure that my team views our meetings as productive and not a waste of time. Magnifi cent Manager A: Dear Magnifi cent, In today’s workplace, every minute counts. Unfortunately for many professionals, too much time is spent sitting in long, drawn-out meetings where little is accomplished. If you want your meetings to be viewed as productive and relevant, rather than a waste of precious time, follow the Th ree A’s of Eff ective Meetings below: Agendas – Create and send an agenda prior to each meeting. Give all participants an opportunity to review the agenda and give their input about what they would like to see covered during the meeting time. It’s important that all participants understand the meeting’s purpose and feel involved in the process. When you set clear expectations, it’s easier to keep the conversation on track and within the allotted time. Attention Spans – Be mindful of attention spans. Research shows that most people’s attention spans range between 10-18 minutes. Anything longer than that and your audience may check out of the conversation. While some meetings will require more time, frequent staff meetings and daily checkins should be limited to 30 minutes or less. In addition, these time restraints will force the attendees to organize their thoughts. Try using a strong visual cue like a large stop watch to encourage participants to be aware of the time spent on each agenda item. Action Plans - At the end of each meeting, reserve 5 minutes to assign the action items to the proper individual. Th is simple process makes accountability clear and directs people with questions to the right person, ensuring that projects run more smoothly. It is also a great way to recap the important takeaways from the meeting. Eff ective and engaging meetings require some careful thought and planning. Apply the Th ree A’s of Eff ective Meetings and transform your next meeting into a series of productive and actionable conversations. Mindy Stern, SPHR, SHRM-SCP, ACC is a trusted HR advisor, career and leadership coach, author, speaker and president of AIM Resource Group Inc. Visit the website at www.aimresourcegroup. com or call 718-217-1074 if you would like to learn more about leadership or provide leadership development for your staff . EMPLOYMENT MATTERS MINDY STERN SPHR, SHRM-SCP, which essentially eliminates consideration of a well spouse’s assets and income when determining eligibility for the Medicaid applicant. In other words, the Medicaid agency will count only the applicant spouse’s income and resources when determining eligibility. However, Medicaid will still review gift s made by either spouse. If either of the spouses has made gift s (transfers) in the past fi ve years, and the recipient cannot return the funds, it may be necessary to pay privately for a period of time before Medicaid begins to cover the cost of care. Another major consideration is protection of the family home. If there is another individual, such as a disabled child or an adult child who has been living in the home for at least two years, the client should consider the option of transferring the home to one of these individuals because the transfer will fall within the category of “exempt” transfers that have no eff ect on nursing home Medicaid eligibility. If the couple has a disabled child, the client should also consider creating a special needs trust as part of this plan. Finally, there are situations in which a couple is estranged and has long been contemplating divorce. It is important to discuss with an attorney any family law issues and how any decisions will aff ect the Medicaid agency’s review of a Medicaid application. In addition to these topics, there are many other issues to explore when a spouse is institutionalized and Medicaid is being considered. It is important to meet with an elder law professional who can provide appropriate advice. Ronald A. Fatoullah, Esq. is the principal of Ronald Fatoullah & Associates, a law fi rm that concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts, wills, and real estate. Stacey Meshnick, Esq. is a senior staff attorney at the fi rm who has chaired the fi rm’s Medicaid department for over 15 years. Th e law fi rm can be reached at 718-261-1700, 516-466- 4422, or toll free at 1-877-ELDER-LAW or 1-877-ESTATES. Mr. Fatoullah is also a partner with Advice Period, a wealth management fi rm, and he can be reached at 424-256-7273. Eva Schwechter is an associate with the fi rm. RONALD FATOULLAH ESQ, CELA*
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