Elder Law Planning

Elder Law and Long Term Care Planning

When an individual is no longer able to live independently, it is important to make sure that the assets he or she spent a whole life creating are not depleted unnecessarily or in an arbitrary fashion. Often, the needs of a spouse must also be considered. Fortunately, there are techniques that can be used to protect assets, which may include using irrevocable Medicaid trusts, waiting out a legally designated look-back period, or establishing an annuity or community spouse allowance.

As in most things in life, advance planning will reap the best rewards. Our attorneys are well versed in long term care planning and can provide you with guidance and expertise in creating a plan that meets your needs and current situation.

Medicaid Applications and Fair Hearings

Families facing a situation where a beloved relative has been admitted long term to a nursing home are often unprepared to address the financial issues that become almost immediately apparent. It may become necessary to apply to the state of for Medicaid benefits in order to pay for care.

To be eligible for Medicaid, certain financial guidelines must be met. A single individual may not have “countable” assets in excess of $2,000 and cannot have equity in a home in excess of $750,000. A married person cannot have family assets in excess of $101,640.

The process of filing for Medicaid and sheltering assets can be complicated. Often, applications are denied on the first application and parties may petition for an administrative hearing (called a fair hearing) in order to plead their case. Our attorneys can help you file for Medicaid and represent you at fair hearings.