Elder Law

WHAT IS ELDER LAW?

Elder law is a practice area devoted to serving the needs of the aging population. As an elder law attorney, I help my clients and their families embrace aging with dignity. My elder law practice touches on a variety of different areas that matter to my elderly clients and their families, including:

  • Estate Planning & Asset Preservation
  • Probate, Estate Administration, and Estate Litigation
  • Medicaid Planning
  • Guardianship
  • Long-term Care Planning
  • Nursing Home Negligence, Abuse, & Neglect
  • Elder Financial Abuse

NURSING Home Medicaid Planning

When it looks like an elderly person or a young person with a debilitating illness may be confined to a nursing home in the future, it is usually a good idea to look into Medicaid planning. Your options for long term care in a nursing home are fairly simple. You can (1) have long-term care insurance to cover the cost, (2) write a check for multiple thousands of dollars per month to a nursing home until your assets are exhausted, or (3) qualify for Medicaid. Under the current Medicaid system, a person going into a nursing home and applying for Medicaid will have to exhaust a signficant portion of their assets before Medicaid will pick up the tab. If you have the time and ability to plan for it, you can transfer assets to avoid having to liquidate them to pay for nursing home care. Instead of having to burn through your savings paying for care, you can make sure those resources go to someone who will actually appreciate them.

The biggest concern for Medicaid planning is that it is a very technical endeavor. It is always a good idea to contact a lawyer on these issues. It is also important to consider timing—Medicaid has a multi-year look-back period where any transfers are flagged. If you need to plan for nursing home care, you should considering doing it as far in advance as you can. If you want to discuss your family's options, I'm always available for a consultation.