"I will never qualify for Medicaid  – I have too much money"... FALSE!

 

You cannot make an informed decision about when you might qualify for benefits until after you meet with a Certified Elder Law Attorney. The fact is that every elder deserves to know all of the facts and options before making an informed decision about their long-term care costs!

 

Too often, elders and their families believe that they need to spend-down all their money on the nursing home before the elder may qualify for Medicaid benefits. For more information on how we can help your family plan for the future, call us at 855-503-5337 to schedule a consultation.To learn more about this process, be sure to check out our website:

https://vaelderlaw.com/p…/medicaid-planning-asset-protection

 

 

"The nursing home will do your application for free"... FALSE!

 

The nursing home may offer to complete the Medicaid application for free or a low fee, but, the fact is that the nursing home will require that you spend down all of your savings before they do that application for "free.” To be fair, in truth, applying for Medicaid is not a nursing home’s function. The outcome from a nursing home applying for Medicaid is not the same as what can be accomplished by actually working directly with a Certified Elder Law Attorney. We recently heard of a case where a married spouse was in a local nursing home facility on private pay for almost 5 years! Most, if not all of that money could have been protected for the community spouse still living at home.

 

Too often, elders and their families believe that they need to spend-down all their money on the nursing home before the elder may qualify for Medicaid benefits. For more information on how we can help your family plan for the future, call us at 855-503-5337 to schedule a consultation.To learn more about this process, be sure to check out our website:

https://vaelderlaw.com/p…/medicaid-planning-asset-protection

"It is too late to do medicaid planning"... FALSE!

 

It is never too late to preserve and protect assets!

 

This misconception is why it is CRUCIAL to consult with a Certified Elder Law Attorney FIRST to see how they can help as soon as possible!

Too often, elders and their families believer that they need to spend-down all their money on the nursing home before the elder may qualify for Medicaid benefits. For more information on how we can help your family plan for the future, call us at 855-503-5337 to schedule a consultation.To learn more about this process, be sure to check out our website:

https://vaelderlaw.com/p…/medicaid-planning-asset-protection

THE POLLS ARE OPEN!!! Thanks for voting for us last year in @VirginiaLiving’s Best of Virginia reader’s survey! Help us stay one of the bests and cast your vote for us in this year’s survey,by going to VirginiaLiving.com/Vote2019!

 

Virginia Living Magazine is currently taking votes for 'Best of Virginia', and The Estate & Elder Law Center of Southside Virginia (with 2 offices in Danville and Bassett) would definitely welcome your vote and support! Danville clients vote in the Central Region; Bassett clients vote in the Southwest Region.

 

Our Category would be #62: 'Best Law Firm', if you wanted to skip ahead in the form. It only takes around 5 minutes to cast your vote. Vote in as few or as many of the other categories as you like! There is a limit of one ballot per person.

 

Thanks to all for your support. You only have until 11:59 p.m. Thursday, Jan. 31 to submit your ballot... Every vote counts! #VirginiaLiving #BOV2019

#BestofVirginia http://www.virginialiving.com/vote2019/

Curious about Elder Law-related concerns such as Estate PlanningMedicaid Planning / Asset Protection and Life Care Planning? Be sure to catch one or more of our upcoming free seminars this year, given by Robert W. Haley, Certified Elder Law Attorney and EELC staff! Check back regularly for new seminars as they are added here. If you are interested in having Attorney Haley or Frazier speak on one of these topics at an upcoming group or organization meeting, let us know! give us a call directly at 276-629-5381 to set this up: We will come to you!

For a list of currently scheduled seminars, check out the link below:

This past week our offices received a flurry of calls pertaining to a seminar held in the Martinsville area recently given by an out-of-state company, extolling the virtues of incorporating Revocable Living Trusts into your family's Estate Plans.

The truth of the matter is, not everyone needs a trust! Furthermore, a Revocable Living Trust does NOTHING to protect assets in the case of someone going to a nursing home, or in regards to their long-term care expenses later on. In fact, it may even complicate Medicaid Planning/Asset Protection in a crisis situation! It is best to have a full understanding of the short and long-term consequences of that type of trust before proceeding.

Here is a scenario: A couple is preparing to start their estate planning. They start by pulling everything together they feel an attorney would want to see before their consult to get that process started, it  can seem overwhelming! It is not uncommon to worry about missing something important. The good news is that often most mistakes can be avoided. Your attorney is there to guide you from beginning to the end through this process, so don't worry.

Having said that, when it comes to 'mistakes' made in the estate planning process, there are really two common ones: 

Special Needs Planning is crucial. If you currently provide care for a child or loved one with special needs (such as mental or physical disabilities), you must have contemplated with concern about what may happen to them when you are no longer able to provide and care for them: We can help!  

 

For more info, click on the link below to learn more about this area of Elder law:

Special Needs Planning

When it comes to Estate Planning in our lives, there is often a misconception that there is plenty of time to plan often leading to comments like “I will do that tomorrow.” We plan for college, we plan for our careers, weddings, baby showers and house-warmings, but how many of us truly plan for our family’s legal and financial future?  As with all things that may not be pleasant to think about, it can become all too easy to procrastinate when it comes to thinking about our own mortality or that of our loved ones!  

Not to pick on a generation exclusively here but for example, when it comes to the millennials here’s a statistic: According to a recent survey from Caring.com, 78% of millennials don’t have a will in place.  However, it is a problem that is not exclusive to millennials and plagues many in every generation. The truth, is we all think we have time…until we don’t. So what happens if proper estate plans are not in place? If it is as Benjamin Franklin wrote that “Nothing is certain, except death and taxes,” or as Jim Morrison of the popular band The Doors succinctly sang it  – “no one here gets out alive,” then why don’t people plan ahead for the inevitable? 

Besides Aretha Franklin's obvious musical legacy she left behind, the issues regarding her estate could include teaching consumers the vital importance of Estate Planning. Like other celebrities before her, Franklin – like Prince, Pablo Picasso, and even Abraham Lincoln, past US president and even a lawyer himself – reportedly died without a will or a trust. As a result, there could be legal battles ahead in probate court for family members and others because of it. 

As people in North Carolina continue to evacuate and Virginians here do their best to prepare for when the impact of it reaches our state, the very real threat of Hurricane Florence is understandably a serious and growing concern. Adult children and family caregivers in the area as well as outside it no doubt find themselves feeling more than a little anxious about their senior loved one’s safety during this time... and with good reason!