how much does an elder law medicaid attorney cost

This is roughly $8,000-$9,000 per month. 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.

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How much does an elder law attorney cost?

Mar 22, 2022 · Cost of Elder Law Attorneys and Medicaid Planning There isn’t a clear-cut answer as to the cost of hiring an elder care attorney for Medicaid planning purposes. Some Medicaid lawyers offer free consultations, while others charge an initial consultation fee or offer Medicaid planning conferences that range in cost from approximately $175 – $500.

What do elder law attorneys charge for their services?

Here is an example of how it works in one elder law firm: The firm will talk with a prospective client over the phone. As discussed above, the firm will not provide specific advice during this call but will answer more general questions. The firm charges $500 for an initial, in-person consultation. The client has no commitment to pay anything ...

Who needs to hire an elder law attorney?

Jun 24, 2019 · If the work is much more complicated it may cost twice that. We’ve heard reports of some attorneys charging $25,000 and more. If you get a fee quote that is very high, inquire of the work that the attorney must do to get the application through. And, get a second opinion.

When should one consider hiring an elder law attorney?

May 18, 2019 · The range is all over the place. I had some cheap quotes, $1500 all in. I had some expensive quotes, $6000+. In my experience cost really didn't equate to competency. With lawyers, it's a crap shoot. The bad part is you'll never know how …

What does an attorney do for Medicaid?

Seventh: The attorney will represent the client (s) before the Medicaid agency. Many Medicaid workers give clients and families wrong information. We see many mistakes that are not to the client’s benefit. For example, the agency will lose an application and tell the client to re-file with the result of loss of months of coverage. Your attorney will not allow that to happen.

How do attorneys charge for applications?

We might note that there are two ways attorneys charge for applications: 1) attorney asks for a retainer and bills hourly against the retainer; 2) a flat fee. Most clients prefer the latter since they know the fixed cost and the fee will be part of “spend down.”.

How can the attorney help?

How can the attorney help? He can often avoid the cost and delay of probate court entirely by having the resident knowingly sign a power of attorney.

How long does it take to get a medicaid application?

A Medicaid application will be rejected without “documentation” of the current cash value of the asset. It can take four weeks to get the needed paperwork. When children help elderly parents, finding or recovering the documentation can be challenging and time consuming.

Should an attorney prevent a resident from being transferred out of a nursing home?

And a bonus, Eighth: The attorney should prevent the applicant/resident from being transferred out of a good nursing home, where he got post-hospital rehab, to a poor one that always has beds open because nobody wants to be there. We have prevented many such transfers and our clients stay at the good nursing home.

Who does and who should hire an attorney?

So who does and who should hire an attorney? It is the client who has significant savings in various institutions, a home and other “assets.” This person has much to lose. And, the need is doubly true if the client has a spouse. Clients do not hire an attorney to fill out a four to six page application. There is much more to do and much more to the value of the attorney’s work. Here are some considerations:

Does Michigan have medicaid?

Third: A little known fact is that Michigan has “Medicaid estate recovery.”. That means the government will take the house for repayment after the applicant and spouse dies. This can be a loss form $100,000 to $300,000 and up. Part of the attorney’s work is to make sure the government does not get the house.

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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 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 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 are the requirements to qualify for medicaid?

To qualify for Medicaid, an applicant needs to meet very specific financial eligibility requirements, including income and asset limits. Applying for Medicaid is very challenging for any applicant over the required limits.

What is the difference between a Medicaid specialist and an elder law attorney?

The biggest difference between a Medicaid specialist and an elder law attorney is that Medicaid specialists are not lawyers. Likewise, elder law attorneys cannot call themselves “Medicaid specialists,” as this is not a designated law specialization.

What can an elder law attorney do?

An elder law attorney can do everything a Medicaid specialist does, and additionally offers legal services related to aging, including:

What is elder law?

Elder law attorneys are experts in Medicaid and related issues, but their expertise extends to all broader issues related to elder care, aging, and the law – a wide-reaching, often complicated milieu of interrelated topics . An elder law attorney can do everything a Medicaid specialist does, and additionally offers legal services related to aging, ...

What is a medicaid specialist?

A Medicaid specialist is a person or niche firm that specializes in establishing Medicaid eligibility, facilitating the application process, and even completing the actual application on behalf of the Medicaid recipient.

How much does it cost to live in a nursing home?

Or a life-changing injury. After the subsequent hospital visit and recovery, the doctors say your loved one will need to reside in a nursing home – indefinitely. The problem is, how can you or your family afford the average $6,844-$7,698 per month for nursing home care? That’s $82,128-$92,376 per year. Indefinitely.

How much money can an expert save?

The answer: Because, under certain circumstances, an expert can save you tens of thousands of dollars, if not hundreds of thousands of dollars.

Is Medicaid a lawyer?

Typically, Medicaid specialists are not attorneys. As such, they cannot coordinate tangential issues, such as trusts, estates, and other Medicaid-related topics.

How do elder care attorneys charge?

It should be noted that not all elder care attorneys charge the same amount or even use the same method to calculate their fees. First, there's the traditional method of billing, which is to charge by the hour. Most attorneys charge in 1/10 of an hour increments x their hourly rate. Be aware that although an inexperienced attorney will usually have a lower hourly rate than one who has spent many years concentrating in this area of the law, the inexperienced attorney will undoubtedly take a lot longer to figure out what to do and do it. So the fees may not be much different at the end of your case, and you will have paid for the education of the less experienced lawyer.

What is the advantage of a second billing method?

A second billing method is to charge a flat fee for a given project. The advantage to the client is that she knows up front what the cost will be and does not have to watch the clock as carefully. The advantage to the attorney is that he may be able to be rewarded for efficiency and hopefully be compensated for the many unpaid hours spent crafting effective forms that solve his client's problems.

Is an email address required for a legal submission?

An e-mail address is not required. The purpose of this feature is to stimulate discussion and share experiences regarding topics of interest. However, please note these submissions are not reviewed for legal accuracy. They may not apply to your situation and should not be considered legal advice.

How long does it take to get a medicaid application?

It takes many families three months to get a good application in. It goes like this. The first one is filed. Four weeks later the Medicaid worker contacts you by mail, delivered to the nursing home. You find it in the drawer next to the bed. You happened to find it, nobody told you it came last week. (Sometimes it is not this quick, because the Medicaid Department has been losing applications!) The worker asks for more information. It might be about life insurance policies, or other “unknown” assets. It takes you two weeks to get the information. A week later the worker says “not good enough.” She denies the application and you have to re-file.

What happens if your Medicaid application is denied?

When your application is denied you have to start over. That’s why the nursing home is on your back about paying the next month in advance, or going to probate court, or getting Medicaid application in fast as possible.

Why was my first Medicaid application rejected?

Many, perhaps most are rejected because of inadequate documentation, unreported assets, incomplete spend down or gifting of assets within 5 years of application.

Can every nursing home applicant benefit from having a lawyer handle the application?

Can every nursing home Medicaid applicant benefit by having a lawyer handle the application? No. An applicant who has no property but a small savings account would have a simple application and the spend down might be complete merely through purchasing a complete funeral plan. One consultation with a lawyer may be enough for you to confidently file the application. This too is a service we gladly provide.

Do you have to go to probate court if your dad is in a nursing home?

The nursing home may tell you Dad needs a guardian, so you have to go to probate court. Then the probate court would tell you how to spend the money. (A good part would go to lawyer’s fees and court expenses.)

Can you keep your home on medicaid?

They don’t tell you at the Medicaid department that you can keep your home and be on Medicaid, but after you die they want your estate to sell it and give the money to the government as payback. They call it “estate recovery.”

Do lawyers charge an hourly fee?

First off, we charge a flat fee, not an hourly fee. Most lawyers charge a flat fee. After all, how could you pay the lawyer’s bill after he got you Medicaid? Your money, except $2,000, is all gone! Paying a lawyer to help you with the application is legitimate “spend down.”

What is a good lawyer for Medicaid?

A good lawyer will devise a personalized Medicaid planning strategy that enables an applicant to retain as much of their wealth as possible for current and future needs while ensuring they will qualify for the long-term care services they require.

What is elder law?

Elder law attorneys specialize in helping older adults with long-term care planning, estate planning and government benefits. Those with experience in Medicaid planning understand each state’s rules and regulations and help families by identifying comprehensive strategies to legally obtain and maintain eligibility for public benefits.

What is a personal care agreement?

In some instances, a personal care agreement is a great way for a senior to compensate their family caregiver (s) while legally spending down to meet Medicaid asset and income limits. The ways in which bank accounts and even real estate are titled can help or hurt an applicant’s Medicaid eligibility as well. Attorneys are well-versed in these and many other legal, medical and financial factors that determine if and when a senior’s application is approved.

What does a Medicaid lawyer do?

A Medicaid lawyer will take all aspects of a senior’s personal and financial situation into consideration to determine when they should apply and whether additional steps must be taken to avoid disqualification for benefits.

Is it bad to apply for Medicaid too early?

Applying too early may result in a penalty and a longer period of ineligibility than normal. Sometimes waiting until an applicant is sure they’re eligible is the best (and most affordable) course of action. On the other hand, filing an application too late means that an elder and their family would miss out on months of long-term care Medicaid coverage while awaiting a determination. Finding the right time to apply can be very tricky and is different for each person. Failing to time things correctly can be a costly mistake.

Is Medicaid planning easy?

The truth is that Medicaid planning is not a do-it-yourself project, and applying for Medicaid long-term care is seldom, if ever, easy. Most people understand the questions on a Medicaid application and how to answer them. However, applicants may not understand the impact of these questions or what the state is really trying to find out by asking them.

Can you reorganize assets for Medicaid?

It may also be possible for an applicant to reorganize their assets and income in ways that help them continue living in the community for as long as possible but also ensure they will qualify for long-term care Medicaid when they need it. Applicants can retain ownership of certain types and amounts of assets while still maintaining their eligibility for benefits.