There was a court case resolved in the state of Kentucky recently that is interesting to people who are in the field of elder law. This case underscores the reason why it is a good idea to discuss matters with a legal professional before you take actions that you may regret later on.
Back in 1992 Jeanne Crutchfield obtained long-term care insurance in anticipation of the possibility of the need for living assistance at some point in the future. Unfortunately Ms. Crutchfield was diagnosed with Alzheimer’s disease in 2009 and she entered a facility called Barton House.
This facility is specifically designed to provide around-the-clock care to people who are suffering from Alzheimer’s and it apparently suited her needs perfectly. She assumed that long-term care insurance would pick up the tab.
Much to her dismay the insurance company said that residence in this particular facility was not covered under the terms of her policy.
A lawsuit was filed by Ms. Crutchfield and the court ultimately found in favor of the insurance company. The ruling stated that the terms of the policy were quite unambiguous and the specific requirements were not met by Barton House.
A good elder law attorney would have been able to interpret the terms of the policy and advise Ms. Crutchfield or her representatives about the types of facilities that would and would not be covered.
When you are making decisions that could have potentially devastating financial consequences it is always a good idea to consult with a legal professional before taking any action.