how can an elder law attorney help pay nursing home costs

An Elder Law Medicaid Attorney can help a family create a long-term care Medicaid Planning strategy to pay for nursing home care without losing their life savings and home. This can either be done pro-actively, prior to the need for nursing home care, or more commonly in emergency situations due to a sudden illness or injury.

Full Answer

How can an elder law attorney help me pay for caregiving?

Elder law attorneys will consider how you can meet the rising costs of caregiving. Consulting with a financial planner who is versed in elder law can also help you plan ahead to pay for the cost of care. How early you start planning may impact your options and how your future needs may be funded.

What does an elder attorney do in estate planning?

Elder law incorporates elements of financial and estate planning, but also serves as a much broader jurisdiction covering medical concerns and other issues facing older adults. Estate planning deals primarily with financial planning and distributing assets when an older adult passes. How much does an elder attorney cost?

When should you hire an elder care attorney?

According to Harry Margolis, the founder of Boston-based law firm Margolis & Bloom and founding president of ElderLawAnswers, families should consider seeking an elder care attorney when you begin to anticipate a need for long-term care of a loved one, or if you are wondering how to qualify for government benefits.

Where can I find a good elder law attorney?

You should also consider researching the members of the National Academy of Elder Law Attorney’s (NAELA) group because these Attorneys have exactly the expertise you need.

What is elder law?

What does an elder law attorney do?

How many people are over 65?

How to get referrals for legal counsel?

What happens when a person is unable to make decisions for him or herself?

Do elder law attorneys specialize in every area of law?

Who is Jody Gastfriend?

See more

About this website

Should I hire an elder law attorney?

Elder law attorneys are great resources to address multiple aspects of old age, including medical questions and financial concerns. Everyone’s circ...

What is the difference between estate planning and elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other is...

How much does an elder law attorney cost?

These attorneys cover a wide price range, so it’s difficult to put a definitive price tag on services. Expect to pay in the $500 range for an initi...

Are elder laws attorneys worth it?

It depends on what services you require. If a professional can help ensure affordable medical care and avoid costly taxation in estate planning, th...

What does elder law include?

It is a broad category that includes long-term care planning, navigating Medicare and Medicaid, estate and financial planning, guardianship, conser...

What Does An Elder Law Medicaid Attorney Do?

Elder Law Medicaid Attorneys, also known as Medicaid Attorneys, or Elder Care Lawyers are Estate Planning Lawyers who focus on the financial and le...

Do You Need An Elder Law Medicaid Attorney?

A rule of thumb with Medicaid is that you should not apply until you have a plan in place to qualify. Applying too early can mean a longer wait for...

What's The Cost Of Medicaid Planning?

Some of the factors that impact the cost of Medicaid Planning include:The Medicaid applicant’s marital statusThe applicant’s ageSpouses’ and childr...

What Does An Elder Law Attorney Do? - AgingInPlace.org

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens. Congress determined the OAA was needed to ensure that critical services be available to ...

What Does an Elder Law Attorney Do? - FindLaw

Elder law attorneys are advocates for the elderly and their loved ones. Most elder law attorneys handle a wide range of legal matters affecting an older or disabled person, including issues related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and other important matters.

Browse Elder Attorneys & Law Firms Near You | Lawyers.com

Martindale-Hubbell® Peer Review Ratings™ are the gold standard in attorney ratings, and have been for more than a century. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice.

Connecticut Elder Law Lawyers - Compare Top Elder Law ... - Justia

Compare 84 elder law attorneys in Connecticut on Justia. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media.

What happens if you don't have a POA?

If you become incapacitated and you do not have a POA, a conservatorship for financial and guardianship for medical (in some states referred to as “conservatorship over the person”) may be required. These require a court proceeding to appoint a person over you. An elder law attorney helps determine whether guardianship or conservatorship are appropriate. Navigating the process of obtaining guardianship or conservatorship can be complicated, and elder law professionals will provide the expertise needed to identify the best person to assume these responsibilities.

Why is a power of attorney considered a legal issue?

Because a power of attorney provides less authority than guardianship or conservatorship, there can be some legal dispute over actions taken by an agent. POA abuse is also an issue since it could involve coercion, in which an older adult is made to give POA against his or her will.

What can an elder law attorney do?

An elder law attorney can help determine whether you are eligible for either program, discuss strategies for spending, advise whether it is in your best interest to apply, and help with the application process. Medicaid may be able to serve as a partial funding mechanism even if you have significant resources available.

What is elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other issues facing older adults. Estate planning deals primarily with financial planning for persons of any age and protecting assets when an individual passes away.

What is in home care?

Another option, in-home caregiving, is where a caregiver goes to your home to assist with the activities of daily living, including bathing, hygiene, dressing, mobility, transfers, and cognition. Caregivers can include family members, independently hired home-care workers, and in-home care agencies.

When does a POA become effective?

The POA can be effective as soon as you sign it or be a “springing” POA in which the rights of a durable POA do not lock into effect until certain requirements are met, such as specific medical diagnoses.

What to consider when choosing a representative?

Some common aspects to consider in choosing representatives are where they live, their relationship to one another, their professions, and how busy they are. Sometimes these conversations seem invasive, but they are vital to determine who is acting in your best interest, who will be supportive in the future, and who you can trust to assist in executing your affairs.

How much money can Marian keep under Medicaid?

Under Medicaid spousal impoverishment rules, Marian is allowed to keep $25,000 as her protected allowance and John is permitted to retain $2,000. They have $23,000 in excess resources that prevent John from being eligible for Medicaid.

What are some examples of prepaying debt?

For example, a couple may elect to pay off existing debts; to prepay real estate taxes, insurance, or other large bills; or to prepay funeral expenses. Example: John and Marian Jones have a home and $50,000 of savings when John enters a nursing home for a long term stay.

How long does self care last?

It will last for an average of three years. One in five of us will need long term care assistance for five years or more.

Can a spouse use at risk assets to pay bills?

By using at risk assets to pay bills prior to applying for Medicaid assistance (but after the institutionalization “snapshot date”) the community spouse can reduce demands on the assets he or she is allowed to keep under Medicaid spousal impoverishment rules. For example, a couple may elect to pay off existing debts; to prepay real estate taxes, insurance, or other large bills; or to prepay funeral expenses.

What can an elder law attorney do?

An elder law attorney can help ease those costs and burdens. This article will discuss three techniques that elder law attorneys use to help families protect themselves against the financial cost of long term care once the need for that care has arisen. These strategies are just part of the planning arsenal that is available.

What is long term care?

By “long- term care” I mean the type of care you need if you have a prolonged physical illness, disability or severe cognitive impairment (such as Alzheimer’s disease) that keeps you from living independently. As a result, you need assistance carrying out basic self-care tasks.

Where was Robert James admitted to?

In August 2005 Robert James was admitted to Summit Health Care Facility in Wilkes-Barre, Pennsylvania. He and his wife Josephine filed a resource assessment with the PA Department of Public Welfare (DPW) that showed that the couple had total available resources of $381,443. After allowing for the community spouse and institutional spouse allowances, the couple had excess resources of $278,343. This meant that Robert was ineligible for Medicaid payments.

What is a MAPT trust?

MAPTs help Medicaid applicants qualify within Medicaid’s stringent asset limits. This type of trust needs to be carefully planned for by an Elder Law Medicaid Attorney to make sure that the transfer of assets into the MAPT doesn ’t delay or hurt the applicant’s ability to qualify for long-term care benefits in the future.

What is Medicaid planning?

There are Medicaid Planning techniques that an Elder Law Medicaid Attorney uses to lower a person’s countable income or assets to meet the financial eligibility requirements. Medicaid Attorneys help applicants identify and implement the proper strategy based on the applicant’s unique situation so that Medicaid will pay for long-term care without the applicant having to lose their life savings or home in the process.

What is Medicaid attorney?

A Medicaid Attorney helps you plan for incapacity with documents like Financial Power of Attorney, Medical Power of Attorney, and Living Will so that designated family members can manage the finances and care of their loved one receiving long-term care.

How much does Medicaid cost in Michigan?

In Michigan, the average cost of long-term care is $108,000 per year. This is roughly $8,000-$9,000 per month.

What is an emergency medicaid crisis?

An Emergency Medicaid Crisis occurs if your family member is in a nursing home, or will need to be soon, but doesn’t have the financial resources to pay for care. A Medicaid Attorney can help you structure your assets and quickly apply for benefits so you can get the care you need – ASAP.

Why is it important to qualify for medicaid quickly?

In these cases, qualifying for Medicaid quickly is incredibly important so you don’t lose your life savings or home just to pay for nursing home care in an emergency. This is commonly referred to as a Medicaid crisis.

What is initial consultation for medicaid?

The initial consultation gives you the opportunity to help you understand your current Medicaid eligibility. It also gives us a better understanding of how we can help you plan to protect your home and life savings from nursing home costs while getting you the benefits you need to pay for care.

What can an Elder Law Attorney do for me?

While considering the wellbeing of your senior loved one, an elder law attorney can help you navigate through several complex decisions.

What is elder law?

First things first, what is an elder law attorney? Elder law attorneys can assist you with a wide range of different issues related to your senior care needs. For instance, if you are having any problems navigating through Medicaid, Veteran’s benefits, estate planning or even long-term care planning an elder law attorney can help you.

Who is Dominique from Homecare?

Dominique is the Digital Content Manager for HomeCare.com, a leader in the caregiver referral service industry. She has marketing expertise in the healthcare industry and has a passion for helping families connect with the best caregivers. In addition, she has helped lead several company's marketing programs across websites and social media platforms.

Social Security income

Many Social Security recipients question whether they may use their benefits to pay for nursing home care. And the answer is that retirees typically use Social Security as a source for covering long-term care costs.

Seniors Guide Staff

Seniors Guide has been addressing traditional topics and upcoming trends in the senior living industry since 1999. We strive to educate seniors and their loved ones in an approachable manner, and aim to provide them with the right information to make the best decisions possible.

What is elder law?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

What does an elder law attorney do?

Elder law attorneys often work in conjunction with other professionals in various fields to coordinate care, legal protections, and financing. The issues they may tackle include:

How many people are over 65?

There are now more than 40 million Americans over the age of 65, and that number is steadily increasing. In lockstep with greater longevity, the availability — and complexity — of federal programs created to assist the aging population is also growing. That’s where an elder law attorney can help.

How to get referrals for legal counsel?

Ask for referrals from friends and family who have hired legal counsel to handle similar issues and in similar circumstances. You don’t need to delve into the nitty-gritty details of your friend’s legal affairs, but you will want to ask what matters the attorney helped with and how satisfied your friend was with the level of service.

What happens when a person is unable to make decisions for him or herself?

When a person is unable to make decisions for him or herself, whether it be paying utility bills or choosing a doctor, someone needs to assume responsibility for that individual’s affairs. If no one has the legal authority to act, the court will appoint a legal guardian.

Do elder law attorneys specialize in every area of law?

It’s important to note that elder law attorneys do not necessarily specialize in every area of law affecting seniors. If you’re especially concerned with a matter of guardianship, for instance, or need guidance on government benefits, take care to find an attorney with experience in that area.

Who is Jody Gastfriend?

Jody Gastfriend, vice president of senior care at Care.com, talks about finding an elder care attorney in her book My Parent’s Keeper.

13 Aug Need Help with Nursing Home and Assisted Living Costs?

Most people in need of care would prefer to stay at home rather than go to a nursing home. However, if you don’t have long-term care insurance or other ways to pay for the cost of care, the existing interpretation of the Medicaid rules regarding transfers makes it more difficult to obtain Medicaid eligibility at home than in a nursing home.

Transfer Penalty Rules Different for those Seeking Medicaid Assistance at Home

Most people in need of care would prefer to stay at home rather than go to a nursing home. However, if you don’t have long-term care insurance or other ways to pay for the cost of care, the existing interpretation of the Medicaid rules regarding transfers makes it more difficult to obtain Medicaid eligibility at home than in a nursing home.

What Is an Elder Law Attorney?

Elder law attorneys speciali ze in working with seniors or caregivers of aging family members on legal matters that older adults face as they age. Some elder law attorneys have the designation of Certified Elder Law Attorney (CELA), a certification issued by the National Elder Law Foundation.

How Much Do Elder Law Attorneys Charge?

For conventional estate planning documents alone, the fee could range from a few hundred dollars to a few thousand dollars, depending on the complexity of the estate, says Johns.

What is elder law?

Elder law attorneys help seniors or their family caregivers with legal issues and planning related to aging. Elder law attorneys often assist with tax planning, disability planning, probate and administration of an estate, nursing home placement and many other legal issues. Most elder law attorneys also have professional relationships with social workers, geriatric care managers and other professionals who can assist with additional needs associated with aging.

What to know before hiring an elder law attorney?

Before you hire an elder law attorney, the National Academy of Elder Law Attorneys (NAELA) recommends first making sure you’re facing a legal matter that requires an elder law attorney’s expertise. If you’re unsure, consult your financial advisor, estate planning attorney or other legal professionals who can help you decide whether you may benefit from hiring an elder law attorney.

What is the requirement for an elder law attorney?

A Certified Elder Law Attorney must meet licensing and other requirements, including specific experience in elder law matters and continuing education in elder law. However, if an elder law attorney doesn’t have the CELA certification, they may still be just as experienced or skilled as a Certified Elder Law Attorney.

What to ask an elder law attorney before hiring?

Before hiring an elder law attorney, ask about—and make sure you understand—the fee for the first meeting and subsequent meetings and legal services. Ask about the attorney’s areas of expertise and specialization and whether the attorney is board-certified in elder and special needs law. Also ask if the elder law attorney has any warnings, reprimands, disbarments or sanctions against them in your state or other states.

How much does a probate attorney charge per hour?

Probate of wills and decedent’s estate administration: $250 to $350 an hour, although the rate would be less—$100 to $150 an hour—if the work is performed by paralegals with attorney supervision

What is elder law?

An elder law attorney, sometimes referred to as an elder care attorney, can help older adults and their families navigate the complicated financial and legal decisions they face. It’s a growing specialization, with nearly 500 certified elder law attorneys across all 50 states.

What does an elder law attorney do?

Elder law attorneys often work in conjunction with other professionals in various fields to coordinate care, legal protections, and financing. The issues they may tackle include:

How many people are over 65?

There are now more than 40 million Americans over the age of 65, and that number is steadily increasing. In lockstep with greater longevity, the availability — and complexity — of federal programs created to assist the aging population is also growing. That’s where an elder law attorney can help.

How to get referrals for legal counsel?

Ask for referrals from friends and family who have hired legal counsel to handle similar issues and in similar circumstances. You don’t need to delve into the nitty-gritty details of your friend’s legal affairs, but you will want to ask what matters the attorney helped with and how satisfied your friend was with the level of service.

What happens when a person is unable to make decisions for him or herself?

When a person is unable to make decisions for him or herself, whether it be paying utility bills or choosing a doctor, someone needs to assume responsibility for that individual’s affairs. If no one has the legal authority to act, the court will appoint a legal guardian.

Do elder law attorneys specialize in every area of law?

It’s important to note that elder law attorneys do not necessarily specialize in every area of law affecting seniors. If you’re especially concerned with a matter of guardianship, for instance, or need guidance on government benefits, take care to find an attorney with experience in that area.

Who is Jody Gastfriend?

Jody Gastfriend, vice president of senior care at Care.com, talks about finding an elder care attorney in her book My Parent’s Keeper.