Can an Elder Law Attorney Help with Medicaid?

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November 8, 2022 •  The Estate & Elder Law Center of Southside Virginia, PLLC
Ensuring that the elderly have their rights respected is extremely important. That is where an elder law Medicaid attorney can play a major role in that situation. So, can an elder law attorney help with Medicaid? This article goes into some things to consider regarding that question.
Robert W. Haley, managing lawyer
Robert W. Haley
Certified Elder Law Attorney® Robert W. Haley brings over 27 years of legal expertise and knowledge to his firm, which concentrates solely on the areas of elder law, estate planning (Last Will & Testaments, Durable Powers of Attorney, Health Care Powers of Attorney, Living Wills, Trusts, etc.,.) Asset Protection/Medicaid Planning and fiduciary services. For many years, Robert practiced in real estate law, and in general practice, but decided to narrow his focus to elder law and estate planning when he realized the tremendous need for proper planning to be filled in Southside Virginia.

Ensuring that the elderly have their rights respected is extremely important. That is where an elder law Medicaid attorney can play a major role in that situation. So, can an elder law attorney help with Medicaid? This article goes into some things to consider regarding that question. It is crucial to consult with a certified elder law attorney in these matters!

MarketWatch’s recent article entitled, “What does an elder law Medicaid attorney do?” explains that an elder law attorney specializes in the needs of older adults, which can be different when compared to younger adults, such as Medicaid.

The financial rules for Medicaid coverage are complicated and state-specific. However, generally people must spend down to about $2,000 in savings and investments.

Planning to use Medicaid to pay for long-term care is also complicated by the fact that, while its coverage of nursing home care is comprehensive, its payment for home care and assisted living facility fees is only partial and differs both from state to state.

An elder law Medicaid attorney knows and understands the Medicaid requirements.  Medicaid qualification generally comes with a very specific set of requirements. The experienced, elder law Medicaid attorney can help you with this application process.

Medicaid is only available after a person has depleted almost all their assets. An elder law attorney can use techniques to lower an applicant’s countable income or assets. That will help make the applicant eligible, while protecting their hard-earned life savings and home at the same time.

In addition, an elder law Medicaid attorney can help with some pre-planning for emergency situations.  This may include estate planning. In particular, a durable power of attorney for health care is a legal document that lets your designated agent or proxy make medical decisions for you, if incapacitated.

Another document is a living will, which is designed to apply only in very limited situations when you have an incurable or irreversible medical condition or conditions that will most likely will result in your death within a short period of time.

A living will can address life-sustaining treatments, such as ventilators, nutrition via a feeding tube and cardio-pulmonary resuscitation (CPR) or other extraordinary measures. It can also address issues like pain management and palliative care.

If you or a loved one are concerned about issues with estate planning and elder law concerns including Asset Protection/Medicaid Planning and questions regarding long-term care and the nursing home, reach out to us!  Book a call with us on our website: www.VAElderLaw.com to see how we can help! We have offices in Bassett, Danville and Lynchburg to serve you.

Reference: MarketWatch (Oct. 4, 2022) “What does an elder law Medicaid attorney do?”

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