Category Archives: Elder Law
Claiming guardianship of an elderly parent
More often than not, guardianship congers images of a minor child in the care of a designated adult family member or friend. However, you can employ the process to obtain legal rights over elderly or aging adults, usually parents, who are losing their physical and mental health capacities. While the process is similar, there… Read More »
Paying for Long-Term Care
According to findings, the US Department of Health and Human Services (HHS) cites that almost seventy percent of retirees in America will need some long-term care (LTC), with median annual costs for these services ranging from $53,768 to $105,850 in 2020, according to research from Genworth. HHS also reports that those who receive Medicaid-financed… Read More »
Medicaid Gifts and Penalties
Medicaid is a federal/state program helping low-income seniors with limited income and assets afford healthcare and long-term care. Many seniors believe their only option to qualify for the program is to “spend down” their assets. While this is true in some cases, proactive Medicaid planning can protect a substantial portion of your assets if… Read More »
Medicaid Eligibility for Nursing Home Level of Care
Think again if you thought Medicaid planning only included meeting strict income and asset limits for long-term care coverage. You will also need to demonstrate you need the level of care typically provided in a nursing home setting. These health eligibility rules are valid if you apply for nursing home coverage or a Medicaid… Read More »
Becoming a Legal Guardian of Person and Property of Your Aging Parent in Maryland and the District of Columbia
Guardianship of an aging parent means acceptance of significant legal responsibility to act and advocate for their care. The duties include a parent’s daily care, medical care, and possibly financial decisions made on their behalf. Many guardians are family members who were previously caregivers, now cast into a formal legal role. At the same… Read More »
Can Medicaid Take My Home?
Home ownership is the American Dream. People work hard all their lives to own a home, and it is often their most valuable and significant possession. So when your health begins to fail and the need for long-term care arises, as a Medicaid planning attorney, I often get this fear-filled question from my clients:… Read More »
When is Medicaid Crisis Planning Appropriate?
Medicaid is a joint federal and state program available to individuals who meet certain asset requirements that help them pay for long-term care (LTC) costs. Long-term care often creates devastating financial impacts on Americans, particularly the elderly, and for those family members who lose hours of income (and more) while providing care for their… Read More »
Inheritance and Medicaid: Be Careful, Plan Ahead
Mistakes can be made when it comes to inheritance and Medicaid. Those mistakes can be costly. When a person is receiving Medicaid benefits and inherits money or property, that inheritance jeopardizes the benefits. The inheritance must be handled carefully to minimize expensive penalties. What “careful” means, though, can be misunderstood without the necessary expertise…. Read More »
Does Inheritance Affect Medicaid?
Inheritance can only be a good thing, right? Wrong. You know what they say… more money, more problems. In this case, few people stop to think: does inheritance affect Medicaid? The answer is … YES! Say your spouse is living in a nursing home because of advanced Parkinson’s. Your spouse is currently receiving Medicaid… Read More »
Will Medicaid take my house if I can’t afford to pay for a nursing home?
Home ownership is the American Dream. People work hard all their lives to own a home, and it is often their most valuable and significant possession. So, when your health begins to fail and the need for long-term care arises, we often get this fear-filled question from our clients: will Medicaid take my house… Read More »
