Trinity Elder Law - March 2023

As life expectancy continues to increase, the need for long- term care will also rise. Because of this, some people may begin to worry about how they will pay for these expenses. But did you know that Medicaid can cover long-term care costs? Unfortunately, many misconceptions surround this topic, and some people are confused about what Medicaid covers. Here’s what you need to know. While Medicaid can provide financial assistance to those in a nursing home or assisted living facility, it can also cover at- home care. If you receive or need home health care, Medicaid will cover the expenses of your caregiver, therapy services, and any assistance you need with cooking meals, bathing, cleaning, and other daily activities. However, your health care provider will have to outline these needs as a part of your care for it to be covered by Medicaid. Myth No. 1: Medicaid only covers long-term care if you’re in a nursing home or assisted living facility. Myth No. 2: You can’t have any financial resources to qualify for Medicaid to cover long-term care. There are four requirements to receive long-term care from Medicaid: you’re a resident of the state where you want benefits from, you’re 65 years old or have a permanent disability, you have had difficulty performing daily activities for more than three months, and your monthly income and assets are under a specific dollar amount. 3 Misconceptions to Look Ou Medicaid Can Cover Long-

Cars are an American way of life, but they don’t come cheap. Motor vehicles are many families’ highest-value assets, second only to their homes. With the high cost of purchasing and repairing a car, many consumers feel comforted that lemon laws are on the books to protect them. Unfortunately, they may not cover as much as you think. At the federal level, the Magnuson-Moss Warranty Act protects consumers who purchase a new product worth more than $25 that includes a written warranty. Under the law, manufacturers must Fresh Off the Lot Understanding Your Rights as a Car Buyer

follow specific stipulations and can face a lawsuit for not abiding by their own terms and conditions regarding a defective product. Meanwhile, the Uniform

Commercial Code entitles consumers to refunds or replacements for “lemon” products. But crucially, it is up to the courts to decide whether or not a product is a lemon. Additional lemon laws exist at the state level that vary in their scope.

Most assign a limited time window in which consumers can report problems and get

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free repairs. Generally speaking, the manufacturer must make several good-faith efforts at repair and then offer a replacement or refund if the problem persists. The buyer can sue those that refuse to comply. But most Americans don’t buy new cars. In 2021, roughly 73% of all car purchases were for used vehicles. Consumers have less stringent rights under these purchases. Dealerships selling used cars must include a “buyer’s guide” on the car’s side window disclosing important information and buyer’s rights. But used cars do not necessarily have a warranty. Most states allow “as-is” purchases through dealerships, which means the consumer receives no guarantee that the product will function. Further, all private used car sales operate under an “as-is” rule unless the seller opts explicitly to provide a warranty. Consumers must be cautious in as-is sales, as they have no right to return the vehicle to the seller, even if it breaks down immediately. Always source a vehicle history report before making the purchase. You should also ideally take the car to a mechanic before buying. If the dealership or private seller will not allow a mechanic’s inspection, it is usually safer to find another vehicle. If you make a poor decision about your used car purchase, the law will often not protect you.

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