The health and safety of our clients remains our highest priority, today and always. Even though we requested and received an exemption from the Governor’s Order of 3/19/2020 and have been deemed to play a critical role necessary to sustain life, we will continue to practice social distancing with video and/or phone conferencing to meet with our clients rather than face-to-face meetings, as well as car-side signings.

We are open for business and are here to provide you with the same service as always.

We know this is a sensitive and uncertain time, especially for our elderly clients. Let us know if there is anything we can do to help. If you have any questions on estate planning at any age, long-term care planning, Medicaid, guardianships, estate issues, special needs, or any question on how to improve the quality of life of a senior, please reach out.

We can be reached at (570) 784-5211 or through email at [email protected].

Why You Should Use A Certified Elder Law Attorney For Medicaid Planning

| May 27, 2020 | Firm News

Many seniors and their families don’t use a lawyer to plan for long-term care or Medicaid, often because they’re afraid of the cost or they figure the nursing home can just help them with the application. But an attorney can help you save money in the long run as well as make sure you are getting the best care for your loved one.

Don’t rely on what you’ve heard from others, speak with a certified elder law attorney to determine your options. Here are a few reasons why you should at least consider consulting a certified elder law attorney:

  • No conflict of interest. To the extent everyone wants the Medicaid application to be successful, there’s no conflict of interest. But it’s in the nursing home’s interest that the resident pay privately for as long as possible before going on Medicaid, while it’s in the nursing home resident’s interest to protect assets for the resident’s care or for the resident’s spouse or family. An attorney hired to assist with Medicaid planning and the application has a duty of loyalty only to the client and will do his or her best to achieve the client’s goals.
  • Saving money. Nursing homes can cost as much as $13,000 a month in some areas, so it is unusual for legal fees to equal the cost of even one month in the facility. It is not difficult to save this much in long-term care and probate costs. And most attorneys will consult with new clients at little cost to determine what might be achieved before the client pays a larger fee.
  • Deep knowledge and experience. Professionals who work in any field on a daily basis over many years develop both the depth and breadth of experience and expertise to advise clients on how they might achieve their goals, whether those are maintaining independence and dignity, preserving funds for children and grandchildren, or staying home rather than moving to assisted living or a nursing home. Less experienced advisers, however well intentioned, can’t know what they don’t know.
  • Peace of mind. While it’s possible that when you consult with an elder law attorney, the attorney will advise you that in your situation there is not much you can do to preserve assets or achieve Medicaid eligibility more quickly, the consultation will provide peace of mind that you have not missed an important opportunity. In addition, if obstacles arise during the process, the attorney will be there to work with you to find the optimal solution.

Medicaid rules provide multiple opportunities for nursing home residents to preserve assets for themselves, their spouses and children and grandchildren, especially those with special needs. There are more opportunities for those who plan ahead, but even at the last minute there are almost always still steps available to preserve some assets. It’s always worth checking out whether these are steps you would like to take.