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Frequently Asked Questions

 

Why choose us?

When you work with the professionals at Booth Harrington & Johns of NC PLLC, you gain over 30 years of hands on experience of advocating for the elderly and those with special needs. We have a proven track record in assisting thousands of clients and their families. When you engage our firm, you put in your corner the pioneers of elder law and special needs law—our experienced team lead by nationally-recognized and board certified elder law attorney A. Frank Johns. Our comprehensive planning is aimed to protect your assets, property, wealth, income, and investments, while maintaining your quality of life and those of your loved ones.

 

Our counsel and advice is given on a case by case basis to meet your individual needs, whether you need to prepare to be able to receive long- term care, Alzheimer’s and dementia care, home care, or are planning for the future care of special needs relative. You will have access to attentive and caring professionals who will strive to give clear guidance and answers to your questions.

 

How do we approach Elder Law?

The distinctions in the practice of Elder Law are first found in how the elder law attorney functions in relation to elderly clients. Elder Law is singular and plural. It is legal service beyond counseling the individual, inviting joint, multiple, family and unitary representation. A second distinction of elder law is its analytical and intuitive scope of counseling. It is representation beyond estate, trust and financial planning, inviting personal, health care and family counseling and planning. A third distinction of Elder Law is its holistic and multidisciplinary approaches to client needs.

The holistic approach takes the whole client, whether individual, multiple or family unit, and plans for the total environmental and personal needs, as well as the asset and financial needs of the client.

The multidisciplinary approach extends beyond the legal profession, inviting professionals from other professions serving the elder care industry to participate in planning and counseling in a holistic method.

 

What is singular and plural representation?

Seasoned elder law attorneys know they must confirm who their clients are during initial consultations. Easy enough when it is one person, however elder law attorneys often find that they are being engaged to address the legal needs of spouses, children, parents and even extended family members. Legal counsel of multiple clients within the family is possible when there are no conflicts between them. The elder law attorney may be engaged by the family as a unit. In elder law, this is becoming more the rule rather than the exception.

 

What is the impact of plural representation on elder care?

As the demographics of aging begin to make the significant impact on society that has been forecast for many years, the needs of the patriarchs and matriarchs of American families will demand counseling and services that positively embrace the family as the client. Elder law attorneys receive children seeking legal advice and services for their parents. Often, one of the children presents an active durable power of attorney, confirming that the parent is the client and seeking legal advice and services. Just as often, the family collectively discusses asset transfers or divestments that benefit all of them, all the while declaring a priority of maintaining the quality of life of the parents and accessing governmental benefits. There being no direct or concurrent conflict among the family members, the family is advised that the panoply of services that would benefit the parents would benefit the children as well.

 

Do we assist with attaining Veterans' Benefits?

We will put you in touch with the workers at the Veteran's Administration to determine if you are eligible for any veteran's benefits that may be available to assist in paying for your long-term care costs.

 

Who can apply for Medicare and how does it work?

Medicare is a health insurance program for:

  • people age 65 or older,

  • people under age 65 with certain disabilities, and

  • people of all ages with End-Stage Renal Disease (permanent kidney failure requiring dialysis or a kidney transplant).

 

Medicare has:

  • Part A Hospital Insurance - Most people don't pay a premium for Part A because they or a spouse already paid for it through their payroll taxes while working. Medicare Part A (Hospital Insurance) helps cover inpatient care in hospitals, including critical access hospitals, and skilled nursing facilities (not custodial or long-term care). It also helps cover hospice care and some home health care. Beneficiaries must meet certain conditions to get these benefits.

  • Part B Medical Insurance - Most people pay a monthly premium for Part B. Medicare Part B (Medical Insurance) helps cover doctors' services and outpatient care. It also covers some other medical services that Part A doesn't cover, such as some of the services of physical and occupational therapists, and some home health care. Part B helps pay for these covered services and supplies when they are medically necessary.

  • Prescription Drug Coverage - Most people will pay a monthly premium for this coverage. Starting January 1, 2006, new Medicare prescription drug coverage will be available to everyone with Medicare. Everyone with Medicare can get this coverage that may help lower prescription drug costs and help protect against higher costs in the future. Medicare Prescription Drug Coverage is insurance. Private companies provide the coverage. Beneficiaries choose the drug plan and pay a monthly premium. Like other insurance, if a beneficiary decides not to enroll in a drug plan when they are first eligible, they may pay a penalty if they choose to join later.