Autumn Leaves

Everyone in Connecticut knows the old saying that autumn leaves must fall and indeed that is what we are experiencing right now. A staff member at Allaire Elder Law came up with the bright idea of comparing the changes of color on leaves to the changes in life as we age. When we are young and full of energy, we are like those green leaves of summer. But as the decades go by and people move into their 60’s, 70’s, 80’s or older, that aging body starts to lose some muscle mass, coordination, and increases muscle and other pains to let us know we are not young anymore. That’s natural, and fine as it goes, until physical or mental declines reach the point where the activities of daily living (ADLs) become difficult to do. Those are bathing, dressing, feeding and toileting yourself, and transferring into or out of a bed or a chair. Risks to safety awareness can also arise. When one or more of those activities of daily living (ADLs) start to decline, it is the body’s sign that the autumn of life has arrived. Fortunately for us humans, that is usually a multiyear process, and we need to modify our daily activities to account for the physical and mental decline.

Becoming a bit unsteady on our feet tells us that we have to be careful on stairs and maybe slow down in normal walking. And if standing on kitchen chairs to reach that can of green peas on the top shelf makes you feel wobbly, that’s a sign to keep frequently needed items at counter level. Declining eyesight is often an issue, and when normal solutions such as eyeglasses cannot make those eyes 20/20 anymore, that can lead to issues with stairs, uneven ground, and last but not least, driving. When combinations of declining eyesight, muscle response or strength and situational awareness decline, driving may no longer be safe for the elder and anyone else that could be harmed by an auto accident caused by a person whose ability to drive is severely affected.

Although we know that autumn leaves will eventually lead into winter, the beauty of the leaves is analogous to the feelings of love, warmth, and kindness that elder persons and their families have in remembering the stages of their lives, from youth to adulthood, to middle age, to watching grandchildren grow into adults. The key is appreciating the autumn leaves for the beauty that they give us, even though we know that winter is coming. Both the elder person and their offspring can feel the warmth of their lives and their love, even though everyone knows that all life has its limits.

The approach of autumn makes us think of what we need to do for winter, and in the elder law field that means getting legal matters and documents in place so that you and your family are prepared for whatever may happen to health, wealth, and family. That feeling of being fully prepared for the challenges of aging, and eventually passing away, is one part of enjoying the autumn leaves of our lives. Assets transferred between spouses are allowed at any time. So if one has a stroke and without warning needs long term care, it is allowed to transfer the house or any other asset into the healthy spouse’s name and it will not include the five year gift transfer rule. But the asset still counts towards the asset limit, unless it is an exempt asset such as the home. The five year rule also allows other exceptions where transfers within the five years do not result in a penalty. One is a transfer to a child who is disabled under the definition of the social security disability rules. Another is to a child who has lived with a parent for at least two years and who has given care to that parent needed to keep the parent out of a nursing home. If the state finds a gift within the five year look back period that is not allowed, it will impose a time period penalty based on the amount that is given away. The state will not pay for care during that time. As of July 1, 2023, the state says the average cost of a nursing home is $14,244 per month. So if the gifted money was $43,572 that is three times the average cost of care and would result in a three month penalty period. After the penalty period runs out, the Connecticut Medicaid program will pay for the care. There are numerous exceptions and variations to what can be done during the five year period, including at the last minute. And those rules and the financial limits change periodically, so it is vital to get professional advice on what those rules are both before and at the time you may be faced with the need for care.