Elder Law and Medicaid Planning

Elder law includes many legal issues that arise as individuals age, including retirement planning, planning for incapacity, estate planning, end-of-life planning, health insurance benefits including both Medicare and Medicaid, and planning for the possibility of needing long-term care. As family members age or when an unexpected medical crises results in disability, loss of income, and high medical expenses, it can threaten financial security for the entire family. Long-term care is extremely expensive and is rarely covered by Medicare health insurance. For many families the Medicaid program is an essential component of planning for how to pay for long-term care. The Medicaid eligibility rules are complex and there is a lot of misinformation about how an individual can qualify for benefits.

In this area of practice, our firm can:

  • Advise families on how to pay for long-term care, and if appropriate, guide families in the steps necessary to qualify for Medicaid
  • Advise families on the options to protect assets that otherwise may be exhausted on long-term care expenses, including the complex rules on giving away assets
  • Advise families on an individualized long-term care plan for a spouse or parent that looks at all care models and how to pay for care, including Medicaid benefits, Aid and Attendance benefits from the Veterans Administration, long-term care insurance, and withdrawals from retirement accounts
  • Assist with the Medicaid application process
  • Advise families on how to protect property from a Medicaid lien if a spouse or parent is receiving Medicaid benefits
  • Include special needs trust provisions in Wills for married couples to protect assets
  • Prepare powers of attorney and health care directives to properly plan for incapacity and death
  • Advise clients on strategies for applying for Social Security benefits
  • Review continuing care retirement community agreements and caregiver contracts
  • Advise trustees and attorneys-in-fact designated in a power of attorney on how to preserve eligibility for a beneficiary’s Medicaid benefits

Our attorneys are known throughout the state for their expertise in the area of elder law and Medicaid planning options. We will listen to your goals and concerns and help you navigate the very complex area of planning for the legal issues that can arise with aging and the need for long-term care.