Legal and Financial Help

Mary Lu

My DH is rapidly going downhill with ALZ. He is young and still working. I am in a terrible position trying to juggle his benefits and legal situation. Fortunately his employer has offered and we have enrolled in Long term disability and LTC benefits. However the LTC benefits are just basic and will not cover the expense of care he will eventually require. To do this we have to enroll in a higher rate of coverage and doing so requires he must not have pre-existing conditions. Consequently I can not get him diagnosed! I have to wait 6 months from his last Dr Visit. This is killing me, watching him struggling at work (which I see because of covid), and wondering if we can beat the clock on this. Has anyone been in this situation before? Is there any legal or financial advisers out there, that I can talk to confidentially and plan our individual situation without jeopardizing the Pre existing conditions clause. Do you think I can speak to the employers benefits department - Is that conversation confidential?

Covid of course makes meetings with anyone difficult.- This is a horrid time.

Joe C.

Mary Lu, I suggest the you get in contact with a Certified Elder Law Attorney (CELA) as soon as you can. As the name applies a CELA focus primarily on Elder Law, you do not want someone who does wills and trust as a sideline. A CELA will help you get a Durable Power Of Attorney, Heath Care Proxies, Wills, Trust, ect. in place. It is extremely important that you get these legal instruments in place while you husband can still understand what he is signing, not doing this early in the journey can have devastating consequences down the road. Most CELA will give a free one hour consultation and the provide the cost for their services. I suggest you interview several CELAs before picking on, the fees can vary widely and the most expensive is not necessarily the best.

M1

That's really tough Mary Lu. But I would have qualms about trying to beat this system, I suspect it could easily backfire on you. I would talk to a certified elder care attorney sooner rather than later about how to protect your assets and qualify him for Medicaid. That is unfortunately the route most have to take for long-term care.

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Cynbar

Just be aware that some companies (possibly many) will work hard to prove there was a pre-existing condition, and thus avoid paying benefits. If you're already worried about his ability to work, there may be something they can dig up in employee evaluations, discussions with a supervisor, MD visits, anything. I've known 2 people who have gone through that, one with dementia and one with a back injury and it was a nightmare. It would be a good idea to have a Plan B ready, too, and the certified elder law attorney can help you with that.

Ed1937

I fully agree with everything that was said above. You really need to be careful. It sounds as though it wouldn't be hard for the insurance company to find red flags very easily. Unfortunately, I think this could work against you legally. But I'm not a lawyer. Again, get in to see the CELA ASAP.