Long-Term Care Planning for Catastrophic Injury Victims

Catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, and severe burns, can have profound and lasting effects on individuals, drastically altering their lives and the lives of their loved ones. Long-term care planning is a critical aspect of addressing the needs of catastrophic injury victims, ensuring they receive the necessary support and resources for a future that maintains dignity and quality of life. Talk to our injury attorneys today to find out more about long-term care planning.

What is long-term care planning?

According to Smart Asset:

The phrase “long-term care” refers to a wide range of services that are necessary for people who suffer from debilitating health conditions or disabilities. This type of care is totally different from normal healthcare, such as doctor’s visits or medicine. Instead, long-term care covers custodial care, which involves aiding people with bathing, using the bathroom, eating and more.

While most who need this type of help are in their elderly years, long-term care can technically apply to anyone. So if you or a loved one simply isn’t able to care for themselves properly anymore, long-term care could be an option. Younger people who suffer accidents or diseases like multiple sclerosis often need a long-term care plan in place for them.

Catastrophic injuries often result in significant physical, emotional, and financial challenges. The need for extensive medical treatment, ongoing rehabilitation, and adaptive technology can place a substantial burden on both the injured individual and their family. Long-term care planning is essential to address these challenges in a comprehensive manner.

Long-term care planning is vital to your legal claim, as the amount of long-term care you need will affect the amount of compensation to which you’re entitled.

What are the legal considerations of long-term care planning?

When thinking about long-term care, it’s important to keep a variety of considerations in mind. These include:

• Guardianships and conservatorships. In cases where catastrophic injuries lead to a loss of mental capacity, appointing a guardian or conservator may be necessary. This legal process involves granting someone the authority to make decisions on behalf of the incapacitated person, ensuring their best interests are represented.
• Advance healthcare directives. Creating advance healthcare directives, such as a living will or a healthcare power of attorney, allows individuals to express their wishes regarding medical treatment and appoint a trusted person to make medical decisions on their behalf in the event they become unable to do so.
• Financial planning and trusts. Catastrophic injuries often result in substantial medical expenses. Establishing a trust or engaging in financial planning can help protect assets and ensure that funds are available for ongoing care and support.
• Special needs trusts. For catastrophic injury victims who may rely on government benefits, setting up a special needs trust can help preserve eligibility for programs like Medicaid while providing additional funds for supplemental care and services.
• Social Security Disability benefits. Catastrophic injury victims may be eligible for Social Security Disability Insurance (SSDI) benefits. Understanding the application process, eligibility criteria, and potential implications on other benefits is crucial for securing financial support.
• Medicaid planning. Medicaid can be a vital resource for individuals with catastrophic injuries, covering medical expenses and long-term care services. Planning strategies, including asset protection, can help individuals qualify for Medicaid while preserving their financial well-being.
• Coordination of benefits. Coordinating benefits from various sources, such as private insurance, workers’ compensation, and government programs, requires careful planning to avoid gaps in coverage and ensure all available resources are utilized.
• Estate planning. Developing a comprehensive estate plan is essential for catastrophic injury victims. This may involve creating or updating a will, establishing trusts, and designating beneficiaries to ensure the orderly distribution of assets.

How do you set up long-term care?

The following steps can help you determine your long-term care program. It’s advisable to work with an experienced Memphis attorney to set up your long-term care.

• Assessment of current and future needs. The first step in long-term care planning is a thorough assessment of the individual’s current and anticipated future needs. This includes medical, rehabilitation, and adaptive technology requirements, as well as daily living assistance.
• Legal consultation. Seeking the advice of an attorney with experience in personal injury and long-term care planning is vital. An attorney can provide guidance on the applicable laws, help navigate complex legal processes, and develop a customized plan based on the individual’s unique circumstances.
• Appointment of legal representatives. If necessary, appointing legal representatives, such as guardians, conservators, or agents for advance healthcare directives, should be done early in the planning process. These individuals play an important role in ensuring that the injured person’s wishes are honored and their best interests are protected.
• Financial planning and asset protection. Engaging in financial planning and asset protection is essential for securing ongoing care. This may involve establishing trusts, exploring insurance options, and taking steps to maximize eligibility for government benefits.
• Explore government benefits. Investigate eligibility for government benefits such as Social Security Disability Insurance (SSDI) and Medicaid. Understanding the application process and requirements is vital for securing financial assistance.
• Special needs trust establishment. If applicable, setting up a special needs trust is important to preserve eligibility for government benefits while providing additional funds for a higher quality of life. This includes recreational activities, travel, and other non-essential but life-enriching experiences.
• Regular review and adjustment. Long-term care plans should be dynamic and regularly reviewed. As your or your loved one’s needs evolve, adjustments may be necessary to ensure that the plan continues to provide the appropriate level of care and support.

If you or a loved one has suffered severe or catastrophic injuries in an accident, it is important that you understand everything about long-term care planning to ensure your needs are met – not just now, but for the rest of your life. The Memphis attorneys at Bailey & Greer, PLLC can answer all of your questions and work to secure you the compensation to which you’re entitled for your injuries and damages. We have achieved many multi-million dollar verdicts and settlements and want to do the same for you.

To schedule a consultation to discuss your case, please call or contact us. We also have offices in Little Rock, Arkansas and Jackson, Tennessee.