what questions to ask an attorney about elder parent asset protection

What questions do you want to ask an elder law attorney?

Mar 07, 2014 · Let’s look at some of the questions that you should ask your elder law attorney. 1.) What is the most important elder law issue? The most pressing elder law issue of our day is that of long-term care and the expenses that go along with it. Most senior citizens will eventually need help with their activities of daily living.

What should I look for when choosing an elder law firm?

Dec 12, 2013 · Elder financial abuse is a big problem in the United States today. When you consult with an elder care attorney, you may want to broach this subject and ask any questions that may come to mind. Unfortunately, a significant percentage of the instances of elder financial abuse that take place are perpetrated by people that are close to the victims.

Do elder law attorneys prepare will and trusts?

Obviously, the attorneys here at the Elder Law Practice can help -- but we practice in Tennessee only. The rules and how they are applied differ in other states. Ask around. Administrators of nursing homes and assisted-living facilities may be able to give you referrals. The National Academy of Elder Law Attorneys website is a good source for ...

What is the role of an elder law attorney?

The National Academy of Elder Law Attorneys was established in 1987 to help advance the quality of legal services provided to the aging population. 3: Are You One of the Few "Super Lawyers"? Before asking this question, it's good to realize that there are many incredibly skilled lawyers out there with years of experience in the field that have not been given the designation …

Is elder financial abuse a problem?

Elder financial abuse is a big problem in the United States today. When you consult with an elder care attorney, you may want to broach this subject and ask any questions that may come to mind. Unfortunately, a significant percentage of the instances of elder financial abuse that take place are perpetrated by people that are close to the victims.

Can people live in nursing homes?

People who need comprehensive care will reside in nursing homes. Those who are capable of maintaining a significant amount of independence often thrive in assisted-living communities. Some people can receive the living assistance that they need in their own homes.

Is Medi-Cal a need based program?

Because Medi-Cal is a need-based program, you have to be quite measured when you are looking ahead with eligibility in mind. The objective is to gain eligibility while retaining a maximum store of assets for the well-being of your loved ones. 2.)

Does Medicare pay for long term care?

Medicare will not pay for long-term care.

How to determine if spouse is eligible for medicaid?

To determine the eligibility of the spouse who is going into the nursing home to receive Medicaid, all of the non-exempt assets held by the husband or wife are added together and then the total divided equally between the spouses. Of the half attributed to the spouse going into the nursing home, that spouse is disqualified from receiving Medicaid ...

Which government program pays for nursing home care?

In the United States, the government program that pays for most nursing home care is Medicaid, which is a federal and state medical program for persons who meet certain asset and income levels. Some veterans are entitled to veterans benefits to pay for their nursing home care.

How much does a nursing home cost?

Nursing home costs average $70,000 a year, with an average cost per stay of $170,000.

Can you give away assets in a nursing home?

The answer usually depends upon your marital status, and whether you are already in the nursing home or you anticipate a lengthy stay in the nursing home. It is almost never a good idea for people who aren't facing a lengthy stay in the nursing home to give away assets.

How much income do I need to qualify for medicaid?

How much income can I make and qualify for Medicaid? Any person over age 64 whose net income is less than approximately $2,199 a month can qualify. Persons with more than this amount can also qualify depending upon their nursing home costs. Income must be paid to the nursing home.

Is it too late to get medicaid?

No, it's never too late. In fact, depending upon a person's circumstances, it may be legally possible for him or her to give away all assets and qualify for Medicaid immediately.

Can assets be transferred to children?

Assets are usually transferred to children or other family members either outright or to a trust for your benefit. A trust can be more desirable than an outright transfer to a child because: a) You may have a bad relationship now or in the future with: your child or your son-in-law or daughter-in-law.

How to become an elder law attorney?

According to NELF, some of the requirements for certification include: 1 Being licensed as a lawyer in one or more states 2 Practicing law for five years or more 3 Maintaining a level of excellence of all the bars 4 Demonstrating involvement in practicing elder law 5 Finishing at least 45 hours of continuing education in elder law in the last three years 6 References from five attorneys 7 Passing a certification examination

What is the National Academy of Elder Law Attorneys?

One such organization is the National Academy of Elder Law Attorneys, Inc., or NAELA. With more than 4,200 attorney members, NAELA helps its constituency receive the continuing education necessary to stay up-to-date on elder law topics. Another such organization is the Special Needs Alliance.

What are the requirements for a lawyer license?

According to NELF, some of the requirements for certification include: Advertisement. Being licensed as a lawyer in one or more states. Practicing law for five years or more . Maintaining a level of excellence of all the bars. Demonstrating involvement in practicing elder law.

Does the government make the health care system impenetrable?

State laws vary and change all the time. "The government has made the health care system almost impenetrable," says Goldberg, listing some of the systems many facets including, Medicare, Medicaid, veteran's benefits and various tax laws [source: Goldberg]. "Elder law attorneys can serve as guides through the health care [system]."

What is Medicare and Medicaid?

Medicare is a federal medical insurance program for people over 65 years of age and for younger people with certain disabilities.

What is Medicaid financing?

Take Medicaid for example. Medicaid is a federal program that provides health-care financing to certain people with low incomes. But, the program is managed at the state level, with each state drawing up its own rules and procedures [source: U.S. Department of Health and Human Services ].

What does it mean when an attorney steps outside of his office?

When an attorney steps outside of his daily practice to help educate people about the numerous issues facing the elderly, it not only shows that interest in his career, but also his true dedication to the community at large.

What is elder law?

Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care. We also help with decision-making documents and provide guidance on other legal issues for seniors ...

How much is the estate tax exemption?

The new U.S. estate tax exemption now is $11.18 million per person , and a couple is entitled to a $22.36 million exemption. That’s a significant amount of money a person may leave without paying estate taxes on the federal side.

Who is Beth Lueders?

An award-winning journalist who has documented stories in nearly 20 countries, Beth Lueders is an author, writer and speaker who frequently reports on diverse topics, including aging and health issues for both U.S. and international corporations. We were unable to load Disqus.

Mom needs to apply for Medi-cal as she will deplete her savings very soon. She own's 33.3 of a house. Will she qualify for Medi-cal?

Mom needs to apply for Medi-cal as she will deplete her savings very soon. She own's 33.3 of a house. Will she qualify for Medi-cal?

Trying to find out whether half of investment account is protected from Medicaid since we have joint ownership. Any idea?

Trying to find out whether half of investment account is protected from Medicaid since we have joint ownership. Any idea?