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Legal Help for Caregivers

Sally M. Wagley, Esq., Levey & Wagley, P.A., Winthrop, Maine

More than 50 million people in the U.S. provide care for a chronically ill, disabled or aged family member each year.   Some people “tend out” to an older relative; others give up their own homes to move to an elder’s home; and others bring an older person into a guest room or in-law apartment. Consider the following: 

  • Family caregivers provide the overwhelming majority of long term care in the U.S.:  approximately 80%. 
  • Over three-quarters of adults in the community in need of long term care rely exclusively on family and friends for care; only 8% use paid help only.
  • Seventeen percent of family caregivers provide 40 hours of care a week or more.
  • The estimated value of “free” services provided by these informal caregivers is $306 billion a year ($1.8 billion in Maine) -- almost twice the amount spent on  paid home care and nursing home care combined.
  • 1.4 million children under the age of 18 in the U.S. provide care to  an adult relative. 
  • Thirty percent of caregivers are over the age of 65, many with their own health problems. 
  • More than half of family caregivers work or have worked outside the home while caring for a family member. 
  • In 2000 the typical working family caregiver lost $109 per day in wages and health benefits as the result of caregiving responsibilities.

(Source: National Family Caregivers Association, www.nfcacares.org.)

Alice, a single teacher in her 50's, whose father has dementia, takes early retirement with a reduced pension to live with and care for him full time.

Bertha and Gladys, maiden ladies in their 70’s, live together in the family home. Bertha cares for Gladys, who has Parkinson’s and receives MaineCare.  Bertha worries she will lose the home when Gladys dies.

John, a single father, leaves work frequently to drive his mother to her many doctor’s appointments, and worries about losing his job.  He’d like to hire a neighbor to help out, but can’t make sense of the payroll requirements.

Frances, married to Albert for 40 years, cares for him at home with the help of her two children. Albert will soon need nursing home care, and Frances worries that the cost will take all their savings.

Caregivers face additional stress when encountering legal and financial issues. They may lack information, such as:

  • In the case of a married couple, when one is in a nursing or boarding home, the spouse at home need not spend down all savings to pay for care, nor must she give up the home.
  • With proper advice, a married couple with one enrolled in MaineCare have opportunities to protect their estate for their heirs.
  • Hiring paid caregivers can be made easier with the help of an accountant or payroll service to handle the tax withholding and other requirements.
  • Investment in income-producing property can be a wise move for some people, helping to minimize the impact of long term care on their finances.
  • Under certain circumstances, an older person who wants to give his home to a live-in caregiver child or to a disabled child may, with proper legal advice, do so without risking access to MaineCare. 
  • Older siblings who own and live in a home together can ensure that the survivor is able to keep the home upon the death of the first of them.  
  • Maine’s “Long Term Care Partnership Program,” now in the development stage, will provide incentives to people who purchase long term care insurance by enabling them to preserve assets for their heirs if they later receive Maine Care.
  • With a personal care contract properly drafted by an attorney, an older person may pay a relative or friend to provide care, without risking access to MaineCare later on.
  • A caregiver who takes time off of work to help an ill relative may be protected under the state and federal Family Leave Act.
  • A caregiver and older person who want to collaborate financially to build an in-law apartment should obtain advice to minimize tax consequences and ensure access to MaineCare later on.

Caregivers in these situations should obtain professional advice.   “Self-help” is usually not a good idea. 

Attorneys at Levey & Wagley, P.A., in Winthrop, Maine, have special expertise in elder law.  In addition to helping clients solve legal problems, we are part of a network of social work, health care, financial and other agencies and professionals that help older people and caregivers solve their problems.  

Attorney Sally M. Wagley has worked in elder law for more than 20 years. She is a leader in the field, as a published author, drafter of legislation and instructor at the University of Maine at Augusta Senior College.  She is a member of the National Academy of Elder Law Attorneys.   

Attorney Michael J. Levey has been in the general practice of law for more than 30 years.  He is a leader in the field of family law, with special expertise on separation and divorce in older age and the impact of divorce on MaineCare and public benefits. He has also assisted people who have been victimized by financial exploitation. His in-depth knowledge in these and other areas of law enables us to offer the full array of legal services to older and disabled people and their families.

(The information provided on this website is for informational and educational purposes only. This information should not be construed as rendering legal advice or offering an answer to a specific legal problem.)

 

Click on these links for more information:

Long Term Care Planning
Do you need a Living Trust?
Grandparents Raising Grandchildren
Legal Help for Caregivers
Do You Need a Power of Attorney?
What is Probate?
Elder Law Links