Elder Law Attorney — Medicaid Planning, Long-Term Care and Protecting Aging Parents

Caring for an aging parent raises hard questions. How will long-term care be paid for? Who can make decisions? How can the family protect what a lifetime of work has built? An elder law attorney helps families answer those questions with a plan.

Long-term care is expensive, and Medicare covers very little of it. Consequently, many families turn to Medicaid. However, Medicaid has strict financial rules and a look-back period. Therefore, planning early makes a large difference.

This guide explains Medicaid planning, spousal protections, applications and the legal documents every older adult should have.

Medicare vs. Medicaid for long-term care

Medicare is health insurance for people 65 and older. However, it covers only limited skilled nursing care after a hospital stay. It does not pay for long-term custodial care.

Medicaid, by contrast, can pay for nursing home care and, in many states, some home care. But it is means-tested. Applicants must meet income and asset limits. As a result, families often need to plan how assets are held.

A long-term care planning consultation maps the options. Moreover, our long-term care planning documents service prepares the paperwork.

The look-back and penalty periods

Medicaid generally reviews transfers made in the five years before applying. Gifts or transfers for less than fair value in that period can cause a penalty period, during which Medicaid will not pay for care.

Therefore, last-minute gifting rarely works. Instead, planning should start well before care is needed. For instance, a Medicaid asset protection trust created more than five years in advance can protect assets. Read our guide to irrevocable trusts for details.

Exempt assets

Some assets are usually exempt. Examples include a primary home within limits, one vehicle and certain personal property. Additionally, some spending is allowed, such as paying off debts or prepaying funeral costs.

Protecting the healthy spouse

When one spouse needs nursing home care, federal spousal impoverishment rules protect the other. The community spouse can usually keep a share of the couple's assets and a minimum monthly income.

These amounts are set by federal guidelines and state choices, and they change each year. Consequently, careful calculation matters. A Medicaid planning consultation works out what the community spouse can keep.

The Medicaid application

Medicaid applications require extensive documentation. Typically, that includes bank statements for the look-back period, income proof, property records and insurance information. Missing items cause delays or denials.

Our Medicaid Application service prepares and organizes the full application. As a result, families avoid the back-and-forth that delays approval. If an application is denied, an appeal may be possible within a short deadline.

Decision-making and protection

Every older adult should have a durable power of attorney and a healthcare directive. Without them, the family may need a guardianship or conservatorship. A conservatorship consultation explains that process when it is unavoidable.

Elder abuse is also a real risk. Financial exploitation, neglect and nursing home mistreatment all occur. If you have concerns, a nursing home legal consultation explains your options. For the core documents, see our comprehensive estate planning package.

Our Elder Law services in the USA

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Elder Law services near you — every state we cover

Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.

Elder Law help in California

We prepare elder law documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see Elder-law consultation in Los Angeles, Elder-law consultation in San Diego, Elder-law consultation in San Francisco. Similarly, see Medicaid-planning consultation in California.

Elder Law help in Texas

We prepare elder law documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see Elder-law consultation in Houston, Elder-law consultation in Dallas, Elder-law consultation in San Antonio, Elder-law consultation in Austin. Similarly, see Medicaid-planning consultation in Texas.

Elder Law help in Florida

We prepare elder law documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see Elder-law consultation in Miami, Elder-law consultation in Orlando, Elder-law consultation in Tampa. Similarly, see Medicaid-planning consultation in Florida.

Elder Law help in New York

We prepare elder law documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see Elder-law consultation in New York City, Elder-law consultation in Brooklyn. Similarly, see Medicaid-planning consultation in New York.

Elder Law help in Illinois

We prepare elder law documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see Elder-law consultation in Chicago. Similarly, see Medicaid-planning consultation in Illinois.

Elder Law help in Georgia

We prepare elder law documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see Elder-law consultation in Atlanta. Similarly, see Medicaid-planning consultation in Georgia.

Elder Law help in Arizona

We prepare elder law documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see Elder-law consultation in Phoenix. Similarly, see Medicaid-planning consultation in Arizona.

Elder Law help in Pennsylvania

We prepare elder law documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see Elder-law consultation in Philadelphia. Similarly, see Medicaid-planning consultation in Pennsylvania.

Elder Law help in Washington

We prepare elder law documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see Elder-law consultation in Seattle. Similarly, see Medicaid-planning consultation in Washington.

Elder Law help in Colorado

We prepare elder law documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see Elder-law consultation in Denver. Similarly, see Medicaid-planning consultation in Colorado.

Elder Law help in Massachusetts

We prepare elder law documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see Elder-law consultation in Boston. Similarly, see Medicaid-planning consultation in Massachusetts.

Elder Law help in Nevada

We prepare elder law documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see Elder-law consultation in Las Vegas. Similarly, see Medicaid-planning consultation in Nevada.

Elder Law help in New Jersey

We prepare elder law documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see Elder-law consultation in Newark. Similarly, see Medicaid-planning consultation in New Jersey.

Elder Law help in North Carolina

We prepare elder law documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see Elder-law consultation in Charlotte. Similarly, see Medicaid-planning consultation in North Carolina.

We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.

Elder-law consultation in every state

Alabama · Alaska · Arizona · Arkansas · California · Colorado · Connecticut · Delaware · District of Columbia · Florida · Georgia · Hawaii · Idaho · Illinois · Indiana · Iowa · Kansas · Kentucky · Louisiana · Maine · Maryland · Massachusetts · Michigan · Minnesota · Mississippi · Missouri · Montana · Nebraska · Nevada · New Hampshire · New Jersey · New Mexico · New York · North Carolina · North Dakota · Ohio · Oklahoma · Oregon · Pennsylvania · Rhode Island · South Carolina · South Dakota · Tennessee · Texas · Utah · Vermont · Virginia · Washington · West Virginia · Wisconsin · Wyoming

Frequently asked questions

Contact American Counsel

Related guides

This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.