Elder Law Advice
The specific attorney used for our client case management efforts are selected based on the requirements and specialties required. We have several Estate and Elder Lawyers including Glass Law Group and Brown Law Group. At all times we first ask if the family already has an attorney. Contact and referral is made by the Omega Care Planning Council or arangements are made to work with an existing attorney of the client should one already exists. We must ensure options are provided as this is a major decision often around elder care.
An attorney who focuses in elder law helps older people and their families or caregivers with elder-specific legal issues, estate planning and long term care planning.
Many of these attorneys spent a great deal of their time helping individuals or couples qualify for Medicaid and preserve assets from Medicaid spend down and recovery. Property ownership, special transfer allowances, application for hardship review, Miller trusts and family-beneficial use of spend down monies are areas where their services can protect family members and healthy spouses from undue hardship. Although a member from Social Service department can help fill out a Medicaid application, elder lawyers, through advice and guidance, can often accelerate the approval process saving the family a great deal of money. This often more than compensates for their fee.
On the other hand many elder attorneys do not just limit their practice to Medicaid planning but help elders and their families with all types of issues. Below is a partial list of what an elder or Elder Law attorney might do:
Medicaid Advice (Medicaid Planning)
A person facing the prospect of long-term care with moderate income and assets may eventually have to rely on Medicaid to pay part or all of the cost of care. But many states rob a healthy spouse of a previously adequate income by allowing too little in protected resources and income. Likewise, children, relatives and friends are not recognized for the financial sacrifices they make in providing the early care before a recipient becomes bad enough to need Medicaid funded professional help.
Medicaid planning, using a professional Medicaid planning advisor or qualified elder law attorney, allows you to correct inequities in the system.
Medicaid planning is no different from tax planning. In fact a Supreme Court decision condones honest methods of eliminating income taxes or estate taxes. Just like
tax planning, Medicaid planning uses existing laws to structure legal strategies. Tax planning and Medicaid planning both put an additional burden on taxpayers, but one is considered ethical and the
not. We believe that all strategies have their place in the scheme of things. Medicaid planning fits certain circumstances usually where families are in a crisis mode trying to preserve a few assets such as a house or a savings plan. There is no attempt to take advantage of the taxpayers. Using other strategies for paying the cost of care is much better for a younger generation wanting a plan that will allow for home care, assisted living and a choice in care services.