Life Care Planning: a Comprehensive Approach to Elder Law in S. Carolina
| Publication year | 2024 |
Life Care Planning A Comprehensive Approach to Elder Law in South Carolina
By Lisa Hostetler Brown & Thomas Hughes
In early 2022, Chris found himself in a difficult position. His mother Marie was having significant health problems and showing some of the classic signs of dementia; she was irritated, forgetful and uncooperative. To make matters worse, Chris was her only child and lived in Canada, while Marie lived alone in her home in Kershaw County. Marie's doctors were starting to say that Marie couldn't stay home alone much longer.
Marie and Chris were encountering some of the most common, yet difficult to navigate problems that folks run into along the aging continuum.
Where would Marie live once she could no longer live on her own? What facilities are actually good places to live? How would Marie pay for a new place? Would Marie leave her home voluntarily? Would Marie qualify for any government benefits? What if Marie has too much money to qualify for the benefits she needs? How would Marie maximize her government benefits? When and how could Chris make decisions and manage Marie's affairs for her?
Elder law attorneys are well-versed in advising clients and their families on the legal implications of these various strategies. Elder law attorneys know the "Medicaid Policy and Procedures Manual" like the back of their hand and can advise on various Medicaid options from a spend down, to a half-loaf, to a five-year irrevocable lookback trust. But many elder law attorneys' advice stops at their conference room table; that is, unless they subscribe to the Life Care Planning model.
Traditionally, elder law attorneys advised on the elder law aspects of aging, prepared the supportive legal documents and sent clients on their way to navigate the practical difficulties that go hand-
in-hand with such planning. Enter Life Care Planning. This dynamic approach to elder law is a holistic and cooperative take on navigating aging issues.
Life Care Planning ("LCP") is the process of addressing financial, legal and care needs for an aging person. LCP is a collaborative, ongoing process that involves not only attorneys, but also non-attorney liaisons referred to as Elder Care Coordinators ("ECCs"). An ECC is an elder-focused professional with experience in social work, nursing home administration or nursing. The LCP...
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