No one likes to think about the possibility of being unable to make medical decisions for themselves. However, preparing for the future by creating an advanced care directive is a responsible and thoughtful step. An advanced care directive, also known as a living will or healthcare directive, allows you to outline your wishes regarding medical treatments and interventions should you become incapacitated. It can help family and friends avoid a substantial amount of stress during an already difficult time. Still, nearly 2 out of every 3 adults have not completed this important legal document known as an advanced care directive or living will. At the law office of Susan B. Geffen, we can help streamline this process for you. Here are some important considerations and essential elements to include in your advanced care directive.

Choose a Trusted Healthcare Agent

Selecting a trusted individual to act as your healthcare agent is a critical decision. This person will be responsible for making medical decisions on your behalf when you are unable to do so. Ensure that your chosen agent understands your values, beliefs, and healthcare preferences. Discuss your wishes with them and make sure they are comfortable advocating for your best interests.

Outline Your Healthcare Preferences

Consider the medical treatments and interventions you would want or refuse under different circumstances. Your advanced care directive should clearly state your preferences for life-sustaining measures such as CPR, mechanical ventilation, tube feeding, and artificial hydration. Reflect on your values, personal beliefs, and quality of life considerations when making these decisions.

Discuss End-of-Life Care

Addressing end-of-life care in your advanced care directive is crucial. Clearly express your preferences regarding palliative care, hospice care, pain management, and comfort measures. Discuss your desires regarding where you would like to receive care, such as at home or in a specialized facility. Sharing your expectations and wishes ensures that your loved ones and healthcare providers understand your desired level of comfort and support.

Consider Organ and Tissue Donation

If you wish to donate your organs or tissues upon your death, state your intentions clearly in your advanced care directive. Specify which organs or tissues you would like to donate and whether you have any specific preferences regarding donation organizations. It is also essential to inform your healthcare agent and family members about your decision to donate.

Address Cultural, Religious, or Spiritual Beliefs

If you have specific cultural, religious, or spiritual beliefs that may impact your medical decisions, include them in your advanced care directive. Clarify how these beliefs should guide your healthcare choices. It is crucial to discuss these aspects with your healthcare agent and loved ones to ensure your wishes are understood and respected.

Keep Your Document Accessible

After creating your advanced care directive, it is essential to keep it easily accessible. Provide a copy to your healthcare agent, primary physician, and any relevant specialists. Inform your family members, close friends, and loved ones about the existence and location of your advanced care directive. Consider storing a digital copy in a secure location, such as a password-protected cloud storage service, and inform trusted individuals how to access it.

Regularly Review and Update

Your preferences and circumstances may change over time. It is crucial to review your advanced care directive periodically and make updates as needed. Life events such as marriage, divorce, the birth of children, or the loss of loved ones may warrant revisions to your document. Ensure that your advanced care directive accurately reflects your current wishes and circumstances.

Seek Legal Guidance

Although you can create an advanced care directive on your own, consulting with an experienced elder law attorney is highly recommended. An attorney can provide guidance, ensure that your document complies with state laws, and answer any legal questions you may have. They can also help ensure that your advanced care directive is properly executed and witnessed to make it legally valid.

Schedule Your Advanced Care Directive or Living Will consult in Los Angeles!

Creating an advanced care directive is a proactive and compassionate step toward ensuring that your healthcare wishes are respected even when you cannot communicate them directly. By carefully considering the elements mentioned above and seeking legal guidance, you can create a comprehensive and legally sound advanced care directive. Remember to regularly review and update your document to reflect any changes in your preferences or circumstances.

Attorney Susan B. Geffen and her team in Los Angeles are here to provide the necessary legal support and guidance to help you through this process. Start planning for the future today to gain peace of mind and ensure that your healthcare decisions align with your values and wishes.

The federal government has begun mailing new Medicare cards to 59 million Americans. You should keep track of when your new card will arrive and contact Medicare if you don’t receive it.

To prevent fraud and fight identity theft, the federal government is issuing new cards to all Medicare beneficiaries that will no longer have beneficiaries’ Social Security numbers on them. The government began mailing the cards in April 2018 and the new cards should be completely distributed by April 2019. The cards are being mailed in phases based on the state the beneficiary lives in.

To check the status of card mailing in your state, go here: https://www.medicare.gov/newcard/. The map will show whether Medicare has sent new cards to your state. Once Medicare starts mailing cards to your state, it can take up to a month to receive the card. If the government has finished mailing the cards to your state, and you did not receive a card, contact Medicare right away at 1-800-MEDICARE (633-4227) or 1-877-486-2048 for TTY users.

If the government hasn’t begun mailing cards to your state yet, keep checking the website. You can also sign up to receive an email when the card is mailed to you. If your mailing address is not up to date, call 800-772-1213, visit www.ssa.gov, or go to a local Social Security office to update it.

If you haven’t received the new card yet, keep using the old card. If you have a Medicare Advantage plan, the Medicare Advantage Plan ID card is your main card, but your doctor may want to see your new Medicare card as well, so keep it handy.

Phone scammers are using the introduction of the new cards as an opportunity to separate Medicare beneficiaries from their money. One of the main scams that has emerged is a call requiring payment before the card can be issued. The cards are free and you don’t need to do anything to get yours. For more on the scams and what to do if you fall victim, see Reuters columnist Mark Miller’s recent column.

For information on the new cards, go here: https://www.medicare.gov/newcard/.

The federal government is issuing new Medicare cards to all Medicare beneficiaries. To prevent fraud and fight identity theft, the new cards will no longer have beneficiaries’ Social Security numbers on them.

The Centers for Medicare and Medicaid Services (CMS) is replacing each beneficiary’s Social Security number with a unique identification number, called a Medicare Beneficiary Identifier (MBI). Each MBI will consist of a combination of 11 randomly generated numbers and upper case letters. The characters are “non-intelligent,” which means they don’t have any hidden or special meaning. The MBI is confidential like the Social Security number and should be kept similarly private.

The CMS will begin mailing the cards in April 2018 in phases based on the state the beneficiary lives in. The new cards should be completely distributed by April 2019. If your mailing address is not up to date, call 800-772-1213, visit www.ssa.gov, or go to a local Social Security office to update it.

The changeover is attracting scammers who are using the introduction of the new cards as a fresh opportunity to separate Medicare beneficiaries from their money. According to Kaiser Health News, the scams to look out for include phone calls with callers:

• claiming to be from Medicare looking for your direct deposit number and using the new cards as an excuse,
• asking for your Social Security number to verify information,
• claiming Medicare recipients need to pay money to receive a temporary card, or
• threatening to cancel your insurance if you don’t give out your card number.

There is no cost for the new cards. It is important to know that Medicare will never call, email or visit you unless you ask them to, nor will they ask you for money or for your Medicare number. If you receive any calls that seem suspicious, don’t give out any personal information and hang up. You should call 1-800-MEDICARE to report the activity or you can contact your local Senior Medicare Patrol (SMP). To contact your SMP, call 877-808-2468 or visit www.smpresource.org.

For more information about the new cards, click here and here.

Medicaid law imposes a penalty period if you transferred assets within five years of applying, but what if the transfers had nothing to do with Medicaid? It is difficult to do, but if you can prove you made the transfers for a purpose other than to qualify for Medicaid, you can avoid a penalty.

You are not supposed to move into a nursing home on Monday, give all your money away on Tuesday, and qualify for Medicaid on Wednesday. So the government looks back five years for any asset transfers, and levies a penalty on people who transferred assets without receiving fair value in return. This penalty is a period of time during which the person transferring the assets will be ineligible for Medicaid. The penalty period is determined by dividing the amount transferred by what Medicaid determines to be the average private pay cost of a nursing home in your state.

The penalty period can seem very unfair to someone who made gifts without thinking about the potential for needing Medicaid. For example, what if you made a gift to your daughter to help her through a hard time? If you unexpectedly fall ill and need Medicaid to pay for long-term care, the state will likely impose a penalty period based on the transfer to your daughter.

To avoid a penalty period, you will need to prove that you made the transfer for a reason other than qualifying for Medicaid. The burden of proof is on the Medicaid applicant and it can be difficult to prove. The following evidence can be used to prove the transfer was not for Medicaid planning purposes:

• The Medicaid applicant was in good health at the time of the transfer. It is important to show that the applicant did not anticipate needing long-term care at the time of the gift.
• The applicant has a pattern of giving. For example, the applicant has a history of helping his or her children when they are in need or giving annual gifts to family or charity.
• The applicant had plenty of other assets at the time of the gift. An applicant giving away all of his or her money would be evidence that the applicant was anticipating the need for Medicaid.
• The transfer was made for estate planning purposes or on the advice of an accountant.

Proving that a transfer was made for a purpose other than to qualify for Medicaid is difficult. If you innocently made transfers in the past and are now applying for Medicaid, consult with your elder law attorney.

What happens if you are a high-income Medicare beneficiary who is paying a surcharge on your premiums and then your income changes? If your circumstances change, you can reverse those surcharges.

Higher-income Medicare beneficiaries (individuals who earn more than $85,000) pay higher Part B and prescription drug benefit premiums than lower-income Medicare beneficiaries. The extra amount the beneficiary owes increases as the beneficiary’s income increases. The Social Security Administration uses income reported two years ago to determine a beneficiary’s premiums. So the income reported on a beneficiary’s 2015 tax return is used to determine whether the beneficiary must pay a higher monthly premium in 2017.

A lot can happen in two years. If your income decreases significantly due to certain circumstances, you can request that the Social Security Administration recalculate your benefits. For example, if you earned $90,000 in 2015 but your income dropped to $50,000 in 2016, you can request an income review and your premium surcharges for 2017 could be eliminated. Income is calculated by taking a beneficiary’s adjusted gross income and adding back in some normally excluded income, such as tax-exempt interest, U.S. savings bond interest used to pay tuition, and certain income from foreign sources.

You can request a review of your income if any of the following circumstances occurred:

• You married, divorced, or became widowed
• You or your spouse stopped working or reduced your work hours
• You or your spouse lost income-producing property because of a disaster or other event beyond your control
• You or your spouse experienced a scheduled cessation, termination, or reorganization of an employer’s pension plan
• You or your spouse received a settlement from an employer or former employer because of the employer’s closure, bankruptcy, or reorganization

If your income changes due to any of the above reasons, you can submit documentation verifying the change in income — including tax documents, letter from employer, or death certificate — to the Social Security Administration. If the change is approved, it will be retroactive to January of the year you made the request.

Are you happy with your current Medicare plan or plans? Now is the time to think about whether you are in the right plan or whether a new plan could save you money. Medicare’s Open Enrollment Period, in which you can enroll in or switch plans, runs from October 15 to December 7.

During this period you may enroll in a Medicare Part D (prescription drug) plan or, if you currently have a plan, you may change plans. In addition, during the seven-week period you can return to traditional Medicare (Parts A and B) from a Medicare Advantage (Part C, managed care) plan, enroll in a Medicare Advantage plan, or change Advantage plans. Beneficiaries can go to www.medicare.gov or call 1-800-MEDICARE (1-800-633-4227) to make changes in their Medicare prescription drug and health plan coverage.

Even beneficiaries who have been satisfied with their plans in 2017 need to review their choices for 2018. Be sure to carefully look over the plan’s “Annual Notice of Change” letter. Prescription drug plans can change their premiums, deductibles, the list of drugs they cover, and their plan rules for covered drugs, exceptions, and appeals. Medicare Advantage plans can change their benefit packages, as well as their provider networks.

Remember that fraud perpetrators will inevitably use the Open Enrollment Period to try to gain access to individuals’ personal financial information. Medicare beneficiaries should never give their personal information out to anyone making unsolicited phone calls selling Medicare-related products or services or showing up on their doorstep uninvited. If you think you’ve been a victim of fraud or identity theft, contact Medicare. For more information on Medicare fraud, click here.

Here are more resources for navigating the Open Enrollment Period:

• • The 2018 Medicare & You handbook, which all Medicare beneficiaries should have received. The handbook can also be downloaded online at: https://www.medicare.gov/medicare-and-you/medicare-and-you.html or https://www.medicare.gov/pubs/pdf/10050-Medicare-and-You.pdf
  • The Medicare Rights Center: www.medicareinteractive.org
  • Your State Health Insurance Assistance Program, which offers independent counseling: https://www.shiptacenter.org
  • Kiplinger’s “How to Compare Medicare Advantage Plans“
  • Medicare Plan Finder: www.medicare.gov/find-a-plan