Elder Law Attorneys and Long-Term Care Planning in South Jordan, UT

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Giving You a Path Forward

Growing old can be one of life’s most rewarding experiences. After a lifetime of hard work and raising families, a person’s later years can be a time of leisure, reflection, and pursuing new opportunities. They can also be spent planning for the future. No one wants to leave their loved ones in a difficult position regarding healthcare, legal issues, inheritance, or other concerns associated with aging. Growing old provides individuals the opportunity to plan ahead for their own future as well as that of the next generation.

The process of preparing for one’s golden years while also planning ahead for one’s family is called Long Term Care Planning. Long Term Care Planning allows older adults to have the peace of mind of knowing that plans and procedures are in place to ensure their own well-being and that of their family and loved ones.

What Do Elder Law Attorneys Do?

Elder law attorneys specialize in the law as it relates to older individuals. This includes an understanding of the law as it relates to Medicaid planning, medicare, legal documents required to obtain certain benefits or ensure wills and estate plans won’t be contested, issues regarding estate taxes, estate plans, and any other legal matter related to aging and elder care. Experienced elder law attorneys understand the needs of people as they age and will be able to help you address all of your legal, financial, medical, and personal concerns as you enter the next chapter of your life. If you or a loved one is considering long-term care planning, it’s essential you consult with an elder law attorney accredited by the Utah Bar Association and American Bar Association.

What is Long-Term Care Planning in Utah?

Long-term Care planning is the process of planning for and funding the care you wish to receive as you age so that your family and loved ones will be cared for. Long Term Care Planning can cover a broad array of issues and concerns that include but are not necessarily limited to:

Planning Medical Decisions

Planning medical decisions can include a variety of factors related to your long-term medical care. This can include but is not necessarily limited to:

Whether You Would Like to be Cared for by a Friend or Loved One
Whether You Would Like to Hire a Home Health Care Provider
Whether You Would Like to Enter an Assisted Living Facility
Hospice/End of Life Care
How You Wish Any Mental or Physical Disabilities to be Addressed
How You Will Pay for Any Medical Care

Having a comprehensive plan for your medical care can ensure your family does not have to make difficult decisions on their own. It can also ensure your wishes will be followed and that you will receive your desired medical care.

Establishing a Long-Term Care Plan

A long-term care plan takes into consideration your medical planning and how you want those wishes to be carried out. This can include identifying a nursing home or assisted living facility you wish to be placed in, or a home health care service you wish to hire if the necessity arises. Many individuals plan in the abstract that they would like to receive a particular type of care but do not go ahead with making any specific plans regarding this care. This can lead to a difficult situation for family members or loved ones if you are incapacitated or otherwise unable to meaningfully contribute to discussions about your long-term care.

Once you have made decisions regarding your wishes, it’s vital to establish a concrete plan for ensuring those wishes are carried out. This can include specific instructions for what to do in the event you become sick or incapacitated, including which hospitals or medical facilities you would like to receive treatment at.

An Advance Health Care Directive

An advance health care directive is also sometimes called a living will. It can be a part of planning medical decisions. An advance health care directive establishes what medical care you would like to receive in the event you are unable to communicate those wishes yourself. This can include but is not necessarily limited to:

Whether you Would Like to be Placed on a Breathing or Feeding Tube
Do Not Resuscitate Orders (DNRs)
Whether you Would like to be Placed on Dialysis
What, if any, Organs would you like Donated

An advance health care directive can also designate an individual to make these decisions for you in the event you are incapacitated.

Medical Power of Attorney

Medical power of attorney grants a personal representative the ability to make healthcare decisions on your behalf. Designating medical power of attorney to personal representatives is a valuable step if you are uncertain about your wishes or if you want medical situations to be addressed on a case-by-case basis. A person granted medical power of attorney will be able to authorize diagnostic and life-saving care, including tests to be run and procedures to be performed.

Power of Attorney

While medical power of attorney designates an individual to make health care decisions on your behalf, a broader power of attorney designates someone to act as your agent in a variety of situations, including legal, financial, and personal matters. If you are concerned about what might happen to your family or finances in the event you are incapacitated, a general power of attorney can be invaluable for granting you peace of mind.

Drafting a Will

A will is one of the most basic components of long-term care planning. A will establishes the basic steps you want to be taken after you are gone. This includes funeral arrangements, naming an executor, and naming beneficiaries of specific assets in your possession.

Estate Planning

Estate planning is the process of establishing what will happen in the event of your death. While they may include a will, estate plans are a broader process meant to cover all contingencies, protect assets, and establish financial decisions. This includes funeral and burial plans, how assets will be divided, how any business interests may be handled, custody of minor children or dependents, and more. Estate planning is a key component of long-term care planning. Successful, comprehensive estate planning can ensure your family members and loved ones are well cared for and minimize or eliminate the probate court process and probate disputes.

Establishing Trusts

Trusts are an effective way of ensuring your assets are protected and distributed according to your wishes after you are gone. A trust is a legal arrangement established while a person is still alive. The person who establishes a trust is called a guarantor. The guarantor will transfer ownership of certain assets, including money and real estate, into a trust. The trust is managed by an individual known as a trustee. The trustee becomes the legal owner of the property transferred into the trust. This way, when the guarantor passes away, the assets in the trust are not considered part of the estate. This can prevent these assets from becoming subject to probate disputes or taxes. Once the guarantor has passed away, the trustee will act according to the wishes laid out by the guarantor and distribute the assets in the trust accordingly. There are numerous types of trusts available to Utah residents, including but not necessarily limited to:

A Living Trust
An Asset Protection Trust
A Special Needs Trust
A Revocable Trust/Revocable Living Trust
Irrevocable Trusts

What kind of trust is best varies according to the individual. An experienced attorney will be able to assist clients and help them make their own decisions regarding which type of trust will work best for them and their given financial situation.

What Are Resources Available to Help With Long-Term Care Planning?

The State of Utah provides numerous resources to individuals to assist them in navigating long-term care planning. While these resources are invaluable, many of them require paperwork to be filed or other legal steps to be taken in order for individuals to receive the maximum available benefit from them. This is why it’s invaluable for people considering long term care planning to hire an experienced elder law attorney. Elder law attorneys understand the unique needs of aging individuals as well as the complexities of elder law issues and the bureaucracy of Utah long-term care planning resources. Elder law attorneys will be able to provide you with the best legal services and resources available.

Some resources for Utah residents considering long-term care planning are:

Medicaid Long-Term Care and Waiver Programs

Medicaid and the State of Utah provide a number of resources for aging and disabled persons to receive long-term care. Many of these resources allow individuals to remain in their own homes rather than relocate to assisted living facilities or move in with family or loved ones. Some of the waiver programs available include but are not limited to:

Brain Injury Waivers
Physical Disabilities Waiver
Autism Waiver
Aging Home and Community-Based Waiver
Utah Community Supports Waiver

Different situations require filing different waivers. For example, the Community Supports Waiver allows individuals who require medical care but who do not wish to relocate to an assisted living facility to remain in their homes. An experienced lawyer will be able to review an individual’s specific needs and situation and be able to help file the appropriate waiver.

Utah Eldercare Planning Council

The Utah Eldercare Planning Council is an organization that maintains lists of companies, medical providers, and other resources that can aid individuals in planning and receiving long-term care. The council also provides information about different resources and programs available for receiving care. Elder law attorneys will be able to review Planning Council resources with you and your loved ones and identify programs and resources that might be right for you. They will also be able to aid you in obtaining any necessary forms or documents required to obtain benefits or resources from organizations listed by the council.

Utah Medicaid Long Term Care Programs

Utah Medicaid planning programs provide resources and assist clients in applying for and receiving different types of medical and assisted living care. This may include but is not necessarily limited to:

Bathing and Grooming
Assistance With Medication
Mobility Assistance
Meal Assistance (Obtaining, Cooking, and Eating Food)

In order to receive assistance through a Medicaid long-term care program, an individual must meet certain medical and financial requirements. These requirements may change depending on a person’s marital status and whether their spouse is also attempting to file for a long-term care program. A lawyer with a background in elder care law will be able to review all the programs available to you and your loved ones and identify which you are eligible for. They will also be able to help you apply for different programs, make sure you meet all eligibility requirements, and file necessary forms and paperwork.

Long Term Care Insurance

Long-Term Care Insurance was first offered in the 1980s. It was formerly known as Nursing Home Insurance. Long-term care insurance is a special type of private medical insurance that helps pay for care required by individuals with chronic illnesses, diseases, or disabilities. It can be invaluable for aging or elderly individuals who want to alleviate their loved ones of difficult financial decisions. This is especially true if you must enter an assisted living facility or nursing home. As of 2024, the average yearly cost for a nursing home was $95,000. The average yearly cost to receive home health care was $58,000. Generally speaking, Medicare does not cover most long-term care costs. Long-term care insurance can significantly alleviate or even eliminate this potential economic burden. A reliable long-term care insurance policy can cover but is not necessarily limited to:

Nursing Home Expenses
Private Nursing Care Expenses
Home Health Care Expenses

Purchasing long-term care insurance can be one of the most important things a person does to ensure the health and happiness of their future. This is because premiums tend to rise as a person ages. That means the younger someone is when they first purchase long-term care insurance, the lower they can expect their costs to be. Even if you pay premiums for several years, the overall cost will generally still be less than paying out of pocket for medical expenses. Waiting until after you have been diagnosed with a medical ailment or until after you already require care can also make costs prohibitively expensive or prevent you from obtaining coverage. That is why obtaining long-term care insurance as early as possible is important. An experienced attorney will be able to go over different options with you and identify the best long-term care insurance for you and any anticipated or potential healthcare needs.

What Should I Do if I Or a Loved One Need Help With Long-Term Care Planning in Utah?

Aging can be one of life’s most rewarding experiences. This is particularly true if you have taken the steps to plan for any potential contingencies that might arise as you grow older. With the right long-term care plans in place, you can rest assured that you and your loved ones will be taken care of if you require any medical care. Proper long-term care planning can also eliminate stress and worry once you are gone by establishing funeral plans, determining how you wish for your assets to be distributed, establishing estate plans, and more. This is why if you or a loved one are currently considering long-term care planning or are currently involved in long-term care planning, it’s vital you consult an experienced attorney.

If you or a loved one require help with long-term care planning, don’t hesitate to contact RCG Law Group, located at 489 S Jordan Pkwy Suite 255, South Jordan, UT 84095. RCG Law Group has a number of experienced and accomplished elder law attorneys who can offer you their legal services. They have years of background in elder law and family law. They pride themselves on working with every client to identify their unique needs and custom tailor a long-term care plan, especially for them, from protecting assets to trust administration to any other legal or personal concerns that may arise. The legal team at RCG Law Group approaches every case with compassion, care, and diligence so every client feels uniquely seen and heard and knows that their individual concerns are being addressed.

Growing old is one of life’s greatest adventures. That adventure can be made more exciting and less stressful by knowing your health and family will be taken care of in the long run. If you or a loved one need assistance with long-term care planning in Utah, call the attorneys of RCG Law Group at 385-503-3663 or email them for a consultation.