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Questions & Answers About Elder Care 

Questions & Answers About Elder Care
/12 Feb 2022
/By admin

Q: Why would I need an attorney who specializes in elder care?

A: If you are getting close to your 60s or you’re taking care of your parents who are getting to that age you will find legal issues dealing with aging are often complex. Your goals are asset protection and keeping expenses as low as possible. You’ll find a lawyer who specializes in elder care can help you do both.

Q: Do I need an attorney to enroll in Medicaid?

A: No you do not. It’s your right to enroll in Medicaid. However, Medicaid is complex and getting help may be in your best interests. Firms like the Kaplan Law Practice can be a good way to start.

Q: Does it matter where I live when it comes to Medicaid?

A: Yes. Medicaid is funded by the state you live in and administered through the county you live in. If you’re working on behalf of your parents, it would be the state and county they live in that applies.

Q: How can I protect my home from the state if I use Medicaid?

A: The best way may be a trust. Another reason to have an attorney help you with elder law issues.

Q: What about Medicare? Can an elder care lawyer help me with Medicare?

A: Yes. Again they have the background and training to be able to understand what you’re doing and what you could be doing that might be to your advantage.

Q: Can an elder care attorney also help me with coverage for long term care?

A: Obviously an elder care lawyer can’t address medical issues, but he or she can read a long term care policy and show you how it fits with Medicaid and Medicare plus any other estate plans you’ve got.

Q: Can you give me more details about how an elder law attorney can help me?

A: Yes, in a general way. They can:

  1. Do an asset analysis to determine your actual chances of qualifying for Medicaid in your area.
  2. Review your current estate plan to help you determine if your existing plan will help or hurt you when you apply for Medicaid.
  3. Suggest that you create certain trusts and/or other planning structures which will help you reduce the value of the assets you currently hold.
  4. If you are disabled, an elder law attorney can advise you on forming trusts for Special and Supplemental needs in relationship to the ABLE Act provisions.

Q: What should I do first?

A: Talk with an elder law attorney. It’s fairly easy to find such lawyers who will offer you a free consultation. Talking with a professional can go a long way toward learning what you need to know to make a good decision for you.