Protecting Yourself with Long Term Care Insurance

When we are young, it is hard to imagine that at some point we may need long term care for ourselves.  After all, we have youth on our side, and we feel invincible!  However, as we mature the cycle of care is evident.  When we are young our parents care for us.  Then as we become adults, we begin to see the effects of aging in our parents and we begin caring for them.

Whether you are currently taking care of your parents or other family members, at some point in time it may become necessary to consider long term care.  Long term care can include at-home care, assisted living, nursing home care as well as other types of care.  All of the long term care options mentioned have costs associated with them.  Those costs, when on a fixed income, may not be affordable.

*This blog is for educational purposes only and should not be considered legal advice.  The use of the Paths Law Firm website does not constitute a client-lawyer relationship.

Preparing for long term care is essential, however, according to a poll related to long term care, 71% of individuals aged 40 and over are not prepared for the cost of care that they may need in the future.  The poll cited that 29% of people questioned had set aside funds specifically to cover long term care and only 23% of those individuals had looked into long term care insurance as an option.

The Basics of Long Term Care Insurance

Long term care insurance was originally introduced in 1980 as nursing home insurance.  The main purpose of long term care insurance is to pay for any expenses that are associated with long term care services and services that support personal care and supervisory care.  This includes services at home for assistance with activities of daily living (ADLs), as well as care at assisted living facilities, skilled nursing facilities, and rehabilitation centers.

Long term care policies will reimburse the policyholder a set amount each day up to the amount selected for the policy limit.  There are many different options for long term care insurance.  When looking for a policy, it’s important to know what you want out of a policy and the cost that is associated.  Policies that do not have the coverage and terms you are looking for are a waste of money.  Be sure to research the insurance policy company to ensure that they are reputable and the terms of the policy on coverage, premium changes, eligibility, exclusions, and protection for inflation.

long term care

Basic and Instrumental ADLs

There are two categories of ADL’s that are looked at when determining coverage for long term care assistance.  Below is list of assistance that falls into each of the categories:

Basic ADLs

  • Ambulating – The ability to move from position to position or walk independently
  • Continence Management – The ability to control bowel and bladder function
  • Dressing – The ability to dress independently
  • Feeding – The ability to feed oneself independently
  • Personal hygiene – The ability to bathe and groom independently
  • Toileting – The ability to get to and use the toilet independently

Instrumental ADLs

  • House cleaning and maintenance – The ability to clean up after themselves and maintain a clean environment
  • Communications – The ability to make phone calls and send mail
  • Finances – The ability to manage finances and pay bills
  • Medications – The ability to get one’s medications and take them on their own
  • Meal preparation – The ability to prepare a meal without assistance
  • Transportation and shopping – The ability to shop for necessities such as groceries or clothing, and drive or obtain transportation

Many long term care policies use ADLs to help determine the qualification of benefits. In addition, the policies may indicate how many ADLs an individual must require assistance in order to trigger benefits.

long term care assistance

Does Everyone Need Long Term Care Insurance?

In the United States, the population of individuals that are 65 years or older is growing exponentially each year.  And, according to the Population Reference Bureau (PRB), the number of Americans ages 65 and older will more than double by 2060 with nearly one-quarter of Americans being age 65 or older.  With our country aging at this rate, more individuals will need assistance and care than in the past. There are approximately 56 million adults age 65 and older as of 2020.  This number is estimated to grow to an estimated 98 million adults age 65 and older in 2060 according to longtermcarepoll.org.

The National Association of Insurance Commissioners (NAIC) has reported that they estimate 70% of Americans that are over the age of 65 will need some type of long term care during their lifetime with an estimated 35% needing an average of 1 year of nursing home care.  With these statistics, the probability of care is high for the majority of Americans.

Deciding whether or not to purchase a long term care insurance policy should be based on your Income, assets, and retirement goals.  If the only source of income that an individual has is through Social Security or Supplemental Social Security Income or income is at or below the poverty level, it’s likely that those individuals will qualify for some type of assistance such as Medicaid and may not need to purchase an insurance policy.

If an individual can pay for care out of pocket, but they do not want to use all of their income or assets, they should consider a long term care insurance policy.  This can be a difficult decision as we do not know in advance whether or not we will need the coverage.  Either decision to purchase or not to purchase can be risky.

senior care adl assistance

What are the Qualifications for Long Term Care Insurance?

Long Term Care insurance policies are not guaranteed to anyone.  To obtain coverage, you first need to apply and be approved.  Many companies require that the policy have medical underwriting to ensure that the applicant is in good health at the time of the application process.  As most policies are based on health rather than age, it is advised to purchase a policy before there is a decline in health.

Some reasons for denial of coverage would be if the applicant requires assistance with any ADL, uses oxygen or a wheelchair, or is uses or needs at the time of application home health services or nursing home or assisted living care.  Additionally, applicants may be disqualified for pre-existing conditions of which there is a long list.  Some of the conditions that may disqualify an applicant are as follows:

  • AIDS/HIV
  • Certain types of cancer
  • Cirrhosis of the Liver
  • Muscular dystrophy (MS)
  • Paralysis
  • Parkinson’s disease
  • Renal Failure
  • Sickle cell anemia
  • Alzheimer’s disease
  • Dementia
  • Schizophrenia

If you have a pre-existing condition, you may still qualify for long term care insurance.  The rules of medical underwriting change and can vary from carrier to carrier.  An Elder Law Attorney can help answer questions and assist in the application process or appeal.    Once an applicant has been qualified, the Long Term Model Care Act, created by the NAIC, mandates that insurance carriers cannot terminate a policy or refuse to renew a policy based on declining health, mental health deterioration, gender, or the age of any policyholder.

ltc insurance

What are the Different Types of Long Term Insurance?

There are many different types of long term care insurance policies available.  Each type of policy provides different benefits and has its own questions associated with qualification and approval.

Group Policy

Group policies are oftentimes provided by employers.  These policies are similar to policies that can be purchased as an individual.  Some group policies may have options that you cannot get as an individual and may also have a lower premium to start.  If you are employed and have this type of group coverage you have the benefit of being able to convert the policy if your employer cancels it.  The premiums generally go up when this happens because of the buying power through a group policy versus an individual policy.

Federal Policy

The Federal LTC program is made available to current, retired, and former employees of the federal government and their qualifying dependents.  The downside is that all premiums are the policyholder’s responsibility as the government will not pay any part of the premium.  In addition, the premiums are similar to an individual policy.  Each State may also have similar policies for their employees.

Joint Policy

A joint policy is a policy that covers multiple people.  This would be a common policy for a married couple or partners.  These policies have higher premiums than individual policies, however, they are cheaper than the cost of two individual policies.  One factor to consider regarding a joint policy is that the benefits are shared.  This can pose a risk to one or both individuals because one person could deplete the benefit funds and leave the other person with little or no benefits available to use.

Hybrid Policy

Hybrid policies are a combination of long term care insurance and permanent life insurance.  These types of policies provide an investment component for savings.  In this type of policy, the policyholder can withdraw the funds needed for care.  When the funds run out, the insurance company begins paying for care.  A popular benefit of this type of policy is that if the policyholder dies, and has not used any of their benefits, the beneficiary will receive a death benefit.

Long Term Care Policy Benefit Payout

Benefits paid out for LTC policies are generally paid based on a daily limit or based on a monthly benefit, which is established by multiplying the daily amount by 30 days.  It’s important to establish what amount is needed on a daily basis to ensure that coverage meets your needs.  This can be done by contacting local agencies to find out what the average cost for the services in the area is.  Be sure to ask questions about the cost for long term care vs other care.  It is also a good idea to ask about the rates for private rooms and semi-private rooms.

When choosing a policy, be sure to ask about inflation protection.  This ensures that your policy is still valuable even with inflation and the rising cost of healthcare.  Inflation protection increases the benefit amount through the years that the policy is active.  In addition, its good to find out what the time limit is on the inflation protection as it could be anywhere from 10 years to 25 years based on the purchase date or based on a policyholder’s age.  Inflation protection does not mean that you will pay a higher premium, as some policies have this protection included.

insurance for long term care

In Closing

People purchase insurance policies for everything from life insurance, health insurance, home insurance, vehicle insurance, and more to protect themselves from unexpected events.  At times these premiums may be looked at as a waste of money however if the time comes that you need benefits, you will be happy that you are covered.  That extra protection provides you peace of mind and can help to prevent financial stress on you or your family.

If you or a family member needs assistance with the application process or appeal process for Long Term Care Insurance, Paths Law Firm has the expertise needed to help  We understand how important it is to protect your future and the future of those you love.  We help seniors and their families plan for the future to prevent financial and heredity issues that may arise during advanced years. Contact Paths Law Firm to schedule your consultation.  Thoughtful planning today can help you secure your future.

 

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We are legal experts focusing on wills, trusts, medicaid, guardianships, and asset protection for seniors and veterans in Missouri.

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Paralegal

Jennifer Scott

jennifer scott

Jennifer serves as an Estate Planning Paralegal, providing comprehensive support to the firm’s attorneys and clients. She assists in the preparation of wills, trusts, powers of attorney, and other estate planning documents, ensuring accuracy, clarity, and alignment with each client’s objectives.

Before transitioning into estate planning, Jennifer gained extensive experience as a Family Law Paralegal, this background enables her to navigate sensitive client circumstances with professionalism, discretion, and a strong understanding of family dynamics.

Jennifer is recognized for her attention to detail, strong organizational skills, and commitment to delivering a thoughtful and reassuring client experience. She approaches each matter with integrity and a focus on ensuring clients feel informed and supported throughout the process.

Outside of the office, Jennifer enjoys practicing yoga, watching sunsets, and spending time in nature—activities that provide balance and inspiration in her personal life.

Assistant to Russell Fracassa

Peyton Osborne

Peyton Osborne

Peyton serves as the Assistant to Russell Fracassa, bringing dedication, reliability, and compassion to her role at Paths Law Firm.

With prior experience supporting small businesses in administrative and operational capacities, she has developed strong organizational skills and a sharp attention to detail that help ensure both attorneys and clients are well supported.

She is currently studying at the University of Missouri–Kansas City as an Honors Student, demonstrating a strong commitment to excellence in both her academic and professional pursuits. Peyton’s work ethic and drive are reflected in the care she brings to each task and interaction.

Outside of the office, Peyton enjoys spending time with her family, reading, and exploring new places.

Probate Paralegal

Shaye Kotze

Shaye Kotze

Shaye entered the field of civil law in 2022 and has quickly developed a strong foundation in client service and legal support.

Her academic background includes an Associate of Science degree in Healthcare Services and Informatics Administration and a Bachelor of Science in Interdisciplinary Studies, with an emphasis in Health and Human Services, Social Sciences, and Humanities.

This unique blend of legal experience and healthcare-focused education allows Shaye to approach her work with both analytical precision and genuine empathy — especially when supporting families navigating complex and sensitive situations.

Outside of the office, Shaye enjoys spending time with her husband and their one-year-old daughter. Whether she’s baking sourdough, working on arts and crafts, or enjoying time outdoors, she values creating meaningful moments with her family.

Receptionist

Malia Blosser

Malia Blosser

Malia serves as the first point of contact for many of our clients, helping create a welcoming and supportive experience from the very first phone call. As our receptionist, she assists with scheduling, communication, and ensuring that each interaction reflects the care and professionalism our firm values.

She understands that many families who contact our office may be navigating stressful or uncertain situations, and she strives to make every conversation feel comfortable and reassuring.

Outside of work, Malia enjoys spending time with her husband and their two children. She loves reading, watching movies, and baking with her kids — creating meaningful memories both at home and at work.

Of Counsel

Janeece L. Dent-Bennett

Janeece L. Dent-Bennett

Janeece Dent-Bennett was born in Lexington, Missouri, in 1960 and graduated from Lexington High School in 1979.  She graduated with a Bachelor of Science in Business Administration with a major in Accounting from University of Central Missouri in Warrensburg, MO in 1982. 

In 1985, Janeece graduated with distinction from the University of Missouri-Kansas City School of Law.

Upon graduation from law school, Janeece joined the former Shughart Thomson & Kilroy, P.C. law firm (now Polsinelli) in Kansas City, Missouri, with a primary practice in corporate and business law. 

She started her own law practice in 1989 and has since practiced law in Lee’s Summit, Missouri, serving clients throughout the state of Missouri with a primary emphasis in Wills, Trusts, Estate Planning, Probate, and Business Transactions.

Janeece is married and has 3 children.  Jillian Dent is an attorney in Kansas City, Missouri.  Nathan Dent is a Certified Public Accountant in Denver, Colorado.  Andrew Bennett is an Electrical Engineer in North Kansas City, Missouri.  Her husband Mark Bennett is an IT specialist contractor for the USDA.

Recently, Janeece closed her former solo law practice of 36 years and joined Paths Law Firm in Lee’s Summit, MO as Of Counsel.

Legal Assistant

Reese M. Lehr

Reese Lehr

With a strong background in customer service and a passion for helping others, Reese brings dedication and a positive attitude to her role as a Legal Assistant at Paths Law Firm. She supports the team by managing client correspondence, organizing policies, and stepping in wherever needed to ensure clients receive the highest level of care. Known for her strong work ethic and adaptability, Reese is always ready to tackle new challenges and contribute to the firm’s mission.

Reese is currently enrolled in the Honors Program at the University of Missouri–Kansas City, where she continues to pursue academic excellence. Outside of work and school, she enjoys spending time outdoors and cherishing meaningful moments with her family and friends. Her enthusiasm, reliability, and drive make her a valuable part of the Paths Law Firm team.

Office Assistant

Christine G. Yates

Christine G. Yates
Christine serves as the Office Assistant at Paths Law Firm, where she supports day-to-day operations with a strong work ethic and a positive attitude. A student at Faith Christian Academy, Christine is passionate about pursuing a future career in both business and law, with a goal of serving her community and making a meaningful impact.
 
Outside of the office, Christine is a multi-talented individual who enjoys spending time with family and friends, playing musical instruments, practicing martial arts, cooking, exploring the outdoors, and constantly learning new skills. Her energy, curiosity, and dedication make her a valued member of the Paths team.

Legal Assistant

Bailey E. Harrison

Bailey
Bailey is a skilled Legal Assistant with a focus on elder law, providing dedicated support to both clients and attorneys. With a strong background in customer service and a certification from the University of Arkansas’ paralegal program, Bailey brings exceptional organizational skills, attention to detail, and a client-centered approach to their work.
 
Committed to efficiency and professionalism, Bailey assists in navigating complex legal matters with compassion and precision. Outside of work, Bailey maintains a balanced lifestyle by reading, staying active, and spending quality time with their cats.

Community Relations

Jeane M. Fracassa

Jeane M. Fracassa

Jeane Fracassa – a dedicated and accomplished professional who retired with an impressive 38-year service record from the Kansas City Missouri Police Department. Throughout her illustrious career, Jeane served as a Civian Supervisor in the Communications Unit, where she played a pivotal role in ensuring efficient and effective communication within the department.

Even in retirement, Jeane’s commitment to community service remains unwavering. Currently, she serves in various capacities within Community Relations at Paths Law Firm. Actively engaged in the Lee’s Summit and Overland Park communities, she proudly represents the law firm.

In all aspects of her life, Jeane Fracassa exemplifies the values of community, compassion, and family. Her commitment to making a difference and her love for exploration make her a remarkable individual, whose presence brightens the lives of those she encounters. Whether at work, with family, or during her travels, Jeane’s genuine care for others and her zest for life make her a truly remarkable and inspiring person.

Attorney

Kathleen E. Overton

Kathleen E. Overton, Attorney

Kathleen Overton is an attorney and owner at Paths Law Firm. She has more than 17 years of experience advocating for those with special needs and navigating the state and federal agencies formed to help the disabled and elderly. At Paths Law Firm, Kathleen’s practice focuses on helping the elderly qualify for nursing home Medicaid, creating estate plans to protect beneficiaries, as well as a lot of time planning and forming businesses. Kathleen also enjoys helping clients form non-profit organizations and obtain 501(c)(3) tax exempt status.

 

After attending law school at the University of Oklahoma, Kathleen began representing clients before the Social Security Administration. Eventually her practice switched to federal court appeals and Kathleen spent years representing clients before the Eastern and Western District of Missouri, the District of Kansas, and the Eighth Circuit Court of Appeals. Kathleen has since focused her practice on estate planning and elder law after watching clients struggle to find ways to financially care for loved ones with special needs or aging parents.

 

Kathleen lives in the Northland with her husband and four children. She spends her free time attending soccer matches and ballet performances with her children and starting endless home improvement projects with her husband. 

DIRECTOR OF OPERATIONS

Sydney R. Morris

Sydney R. Morris

Sydney serves as the Director of Operations at Paths Law Firm, overseeing the firm’s internal processes, team coordination, and strategic initiatives. Since joining the firm in 2017, she has grown from an experienced paralegal and internal accountant into the central force behind the firm’s operational excellence. 

She graduated with honors from the University of Missouri–Kansas City in 2022 with a Bachelor of Science in Accounting. Sydney is also a proud alumni member of Bloch Launchpad, Phi Theta Kappa, and the National Honor Society.

Outside of the office, Sydney enjoys spending time with her husband, reading, baking, and going on long walks.

FINANCIAL MANAGER

René A. Fracassa

René A. Fracassa

René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise. 

René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.

In her spare time, René is currently quite active managing multiple generations of her family, including parents and grandkids.  René has had great impact on the lives of many women teaching discipling and teaching and abundance of Bible Studies. Her former career in management and event planning trained her well to juggle all the activity.

MARKETING MANAGER

Hilary R. Tichota

Hilary Tichota

Hilary plays a vital role in managing the Marketing Department at Paths Law Firm.  She is excellent at bringing new ideas and sharing valuable resources with the law firm and our community. Hilary has been with the law firm since the beginning, working in nearly every role which is invaluable in her marketing endeavors as she brings a unique set of skills into the Marketing Department.

Hilary is nearly complete in her Bachelor’s of Arts Degree in Marketing at Park University.  She has earned the honor of being listed in National Honors Society, Phi Theta Kappa, and the Dean’s List. Hilary is always looking for new and innovative ways to share the law firm’s message.

ATTORNEY

Russell A. Fracassa (Rusty)

Attorney Russell A. Fracassa

When asked what he wants to do, his reply was “I just want to sit at the kitchen table and work directly with people.” Rusty enjoys working with clients providing experienced advocacy and supporting them through their unfamiliar and overwhelming situations. Due to all the challenges faced by seniors, it is essential to work with an experienced elder law attorney who has expertise in the law, issues, and concerns affecting seniors and their families.

Rusty brings more than 30 years legal experience and expertise working for seniors and their families as an elder law attorney in Kansas City and surrounding. Prior to law school, Rusty was an accountant and his first couple years practicing law was as a tax attorney. This provides invaluable experience in his current practice of law. Rusty’s focus is helping protect seniors’ assets from taxes and long-term care costs, benefit qualification, and navigating more complex family scenarios in their estate planning.

Rusty has personally experienced the loss every parent fears, caring for a spouse suffering with cancer and the treatment, and working with aging parents through all stages of their lives.  He intimately understands the challenges faced by individuals and their caretakers when capacity or health declines, how to prepare for it, and the legal matters while in the midst of it.  He may not be able to eliminate his client’s grief, but he strives to provide clients with peace of mind.

In 2010, Rusty’s faith and love led him and part of his family to China as Christian missionaries. He and his wife, went permanently, but ended up dedicating 3 years to that ministry. They returned to Missouri to help with grandchildren after a family tragedy and later began anew with Paths Elder Law. The goal is providing compassionate care through legal advocacy.

Rusty has multiple degrees and advanced study spanning his Bachelor’s of Arts in Business Administration – Accounting at Rockhurst College (now Rockhurst University), Masters of Arts in Accounting and in Intercultural Studies, as well as his Juris Doctorate from the University of Missouri at Kansas City School of Law.

When Rusty is not practicing law, he enjoys spending time with his family, grandchildren, and excessive eating at local restaurants.

Practice Areas

  • Wills and Trusts
  • Estate Planning
  • Asset Protection
  • Medicaid Benefits
  • VA Benefits
  • Probate
  • Guardianship and Conservatorships
  • Education

 

BSBA and Master’s in Accounting, Master’s in Inter-Cultural Studies, and Doctorate in Juris Prudence

  • Rockhurst University
  • Liberty University
  • University of Missouri – Kansas City


Admissions to Practice

  • Missouri


Professional Memberships and Affiliations

  • State Bar of Missouri
  • National Academy of Elder Law Attorneys (long-time Member)
  • Elder Counsel (Charter and Ongoing Member)
  • Missouri Association of Trial Attorneys (Past Member)
  • Kansas City Metropolitan Bar Association
  • Missouri State Bar Committees – Elder Law, Estate Planning, Probate