Elder Law

We help families deal with difficult issues that arise during the aging process. Elder Law involves issues in the context of aging and disability including Medicaid Planning, Nursing Home Planning and Guardianships. We help to alleviate some of the fear that goes along with preparing for and facing the future.

What is “Medicaid Planning” (also known as “Nursing Home Planning”)?

By way of background, Medicaid is a federal program that provides health care benefits to elderly adults and other people. Medicaid currently provides coverage for millions of senior citizens in the United States. Senior citizens can receive Medicare and Medicaid benefits, however, Medicaid is only available if you qualify financially. Medicaid can cover the expenses of living in an assisted living facility or nursing home. Medicare, on the other hand, does not pay skilled nursing home costs after a limited term.

We are able to legally and ethically design asset protection plans to protect our clients’ assets to get them qualified for Medicaid. This helps them supplement their lifestyle with their own assets to improve the financial quality of their life and, importantly, make it more likely that they will have an inheritance to pass on to their children. We help our clients avoid the financial devastation of nursing home costs (which can easily exceed $12,000 per month) by using proven strategies without losing their home and becoming impoverished. Let’s face it, you’ve worked very hard for your home, your savings and other assets. And you don’t want to see everything go to pay nursing home costs.

In order to receive Medicaid for assisted living or nursing home costs, a Medicaid application is necessary. However in advance of submitting a Medicaid application, it is often advisable to engage in Medicaid planning. We can assist in legally positioning your income and assets. Our planning can help you (1) qualify for Medicaid (2) keep income and assets to support your surviving spouse and (3) leave an inheritance to your children or other beneficiaries… all without going broke.

A word to the wise: The earlier someone begins Medicaid Planning… the better the result. Typically we are able to preserve much more wealth if the Medicaid Planning process starts early on. But even for those clients who are in a crisis situation, where their family member is about to enter a nursing home, we can often still help to save the home and other assets and minimize a financial disaster. 

Guardianship

We represent individuals who wish to be appointed guardian over those who are unable to care for themselves due to either mental or physical limitations. We try to make this emotional and overwhelming crisis easier on your family. Uncontested guardianships sometimes appear to be simple administrative tasks on their face, however they are often fraught with pitfalls and time-consuming and emotionally demanding procedures. We make the process as seamless as possible so that you can rest easy and your family member can receive the proper care they deserve.