We were told we have too many assets. What can a lawyer do to help?

We realize that every person you have spoken with has had some advice to provide you about long-term care, government benefits and your assets. Our law firm is experienced in not only elder law, but also in estate planning, tax law and asset protection. By combining all of these practice areas into our knowledge base, we are able to provide you with comprehensive advice to maximize the protection of your loved one’s assets, no matter the type or amount. That’s where our unique Medicaid Assessment and Application Process comes in. As your legal team, we do the heavy lifting while you remain in control of decisions related to the protection of your assets.

I was told that I get to keep my house if my spouse goes into the nursing home. Is this true?

Yes! In most cases, the spouse who stays home will get to keep their house for their lifetime. However, unless the necessary steps are taken to properly protect the house from future estate recovery rights of the government, the spouse’s loved ones may be forced to sell the home to reimburse the government. Our unique process will lead you through this complex area to ensure that the home remains in the family.

Can’t we just transfer assets out of my mom or dad’s name to get on Medicaid?

Unfortunately, this is not a viable option. Although the family may have mom and dad’s best interests at heart, taking such action can have a devastating financial impact on mom and dad and the stability of their financial future. lt is necessary to take very specific steps when transferring assets outside of mom and dad’s names if Medicaid is a likely option. Our unique Medicaid Assessment and Application Process walks you through the appropriate steps to preserve assets and avoid Medicaid estate recovery.

They told me we earn too much for government benefits. Are we stuck?

Although income is a factor in the eligibility for long-term care government benefits, you are not disqualified due to income. Income impacts potential “patient paid amounts” for those in a nursing home, or may create a deductible that must be met for long-term care at home. The government considers many different types of income including pensions, IRA payments and social security income, among others. It is important to ensure we have identified all of the applicable income streams and then, through our unique Medicaid Assessment and Application Process, create a plan and strategy to obtain eligibility, regardless of the income amount.