How We Help: An Elder Care Case Study

People often ask how a law firm can help people solve elder care problems.

The best way to answer this question is to share a case study based on a couple who has worked with Kimbrough Law for more than a year. We have changed their names to protect their identity.

The client is an elderly couple--let's call them Bob and Sue. When Bob and Sue came to us, their advancing age had led to significant health challenges that were creating financial and legal problems.

Financially, Bob and Sue were struggling. They needed care to continue living independently in the home, but they couldn't afford it. They had a daughter--let's call her Peggy--who was coming by to assist as best she could. Peggy lived about half an hour away and had a job, so she wasn't able to help as often as she liked.

Bob was a veteran who had heard that the VA might have some money to help pay for care. He applied for VA Pension Aid and Attendance benefits on his own but had been turned down several times by the VA. Bob and Sue were both convinced that his VA claim would never amount to anything. 

Legally, the coupled hadn't created their basic estate planning documents, which placed them in a vulnerable position.

After meeting with Kimbrough Law, Bob and Sue hired the firm. The initial engagement included an estate plan, a VA Pension Aid and Attendance application, and a Life Care Plan. The initial term for the Life Care Plan was one year.

Kimbrough Law attorneys created all the estate planning documents Bob and Sue needed, including an irrevocable trust to protect their home from personal liability and long-term care costs, should one or both spouses need to access Medicaid benefits to pay for skilled nursing care down the road. The attorneys also provided valuable advice to Bob and Sue so that the irrevocable trust would function as part of a broader estate plan designed to allow all of their assets to pass to Peggy outside of probate after both spouses have passed away. We also updated Bob and Sue’s wills, and created comprehensive powers of attorney and advance directives for healthcare for them to give their chosen agents the power to make financial decisions and medical decisions on their behalf, should either of them ever become incapacitated.

One year later, a lot has changed. Bob and Sue are now receiving the VA Pension with Aid and Attendance. We got him established with the VA, and they were approved for a home care aide paid for by the VA for 15 hours a week.

In addition to the VA benefits, we were able to get a long-term care insurance claim started for Bob and Sue. They had paid into a long-term care insurance policy for years, yet the insurance company didn't make it easy to access the benefits. They created many roadblocks during the process, but we were able to overcome each one. Bob and Sue are now getting a home care aide 20 days a month as well as having a housekeeper come in twice each month, all paid for by the long-term care insurance.  

We were also able to get Peggy hired by an agency, so she could get paid for her work as their home care aide. Bob and Sue loved this because, of course, they were most comfortable with Peggy. They were also able to use long-term care insurance money to renovate their bathroom to make a walk-in shower! 

Bob and Sue appreciated the support so much that they renewed their Life Care Plan for another year. We consider it a privilege to help them overcome the financial and legal obstacles to getting the care they need.

Do you know someone who is dealing with the legal and financial problems created by failing health? Kimbrough Law can help. Call. 706.850.6910 to schedule a consultation.