Elder Law & Medicaid Planning

I help older adults and their families facing serious health challenges such as Alzheimer’s, dementia, Parkinson’s, and other disabling conditions including cancer, heart disease, MS, etc.   Helping families and caregivers understand the options for long-term care is an important part of my elder law practice. Estate planning and asset protection planning are critical tools for long-term care planning. I help families understand and take advantage of available programs and resources, including Medicare, Medicaid, community waiver programs, veterans’ benefits, hospice, and palliative care. In my elder law practice, I often work alongside geriatric care managers, patient advocates, and financial professionals to assist the family as a team. 

It’s best to plan for the future when you are in good health, before a medical emergency strikes. However, I can help you preserve and protect assets and reduce costs, even if your loved one is currently in rehab or living in a nursing home. I can also provide expedited emergency estate planning services and will help you coordinate care with care managers, patient advocates, medical providers, and other professionals if your loved one is facing a sudden health crisis. 

Long-Term Care Planning

Many older adults and seniors will require some form of long-term care or assistance with daily living, such as help with getting dressed in the morning, bathing, preparing meals, shopping, caring for pets, and housekeeping, or they may eventually need skilled nursing care provided at home or in a skilled nursing facility (nursing home). The high cost of long-term care can devastate a family’s hard-earned savings in a short amount of time if they are not prepared. I can help you explore options such as long-term care insurance, Medicaid and asset protection planning (including the use of irrevocable trusts), negotiating entrance into and selecting the most appropriate long-term care facility, and qualifying for public benefits such as Medicaid and Veterans Benefits.

Medicaid Planning

Nursing home costs can bankrupt the average family. Medicaid is an important option to pay for long-term care and nursing home costs. You do not have to be “dirt poor” to qualify for Medicaid, in many circumstances. However, eligibility requirements and complex rules and regulation make qualifying for Medicaid a challenge, and advanced planning with an experienced elder law attorney is essential. I have thorough knowledge of the Medicaid eligibility requirements and the Medicaid application process and can assist you with protecting your home and your assets when you or a loved one needs nursing home care.

Top 5 Ways to Cut Nursing Home Costs

1. Make sure your loved ones have valid and updated financial powers of attorney, specialized for Medicaid planning. Online DIY forms are usually not sufficient.
2. Don’t rush to sell Mom and Dad’s house or condo to pay for their care. Home ownership can be a fantastic way to protect family assets in connection with Medicaid planning.
3. Don’t let your parents make gifts and don’t take gifts from them.  Gifts often cause a penalty period for Medicaid.
4. Fight to get 100 days of rehab covered by Medicare.  The “improvement” standard is not legal.
5. Don’t sign any nursing home contract before you have an attorney review the contract.