Estate Planning and Elder Law

Elder Law

Elder law is a growing area of the law that focuses on the legal issues that come with aging. Attorneys at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) assist clients and their relatives in decisions regarding planning to move to assisted living or a nursing home, guardianships and conservatorships. Our elder law attorneys assist clients and their families with:

  • Accessing nursing home care should either parent need it,
  • Care for a parent when health declines,
  • How to remain in your own home with assistance or go to a nursing home, and
  • When and how to apply for Medicaid benefits.

Medicaid Nursing Home Planning
One of the most difficult decisions many families face is whether to put a loved one in a nursing home. Family members try to avoid this option because they would prefer to care for their loved one at home and are concerned with the high costs associated with nursing home care. Nursing homes may be the best option in some cases as they provide a level of care that many families cannot provide. Our lawyers assist clients with obtaining affordable nursing care and preserving as much of their estate as possible.

Medicaid is a federal program administered by each state which pays for health care, including nursing home care, for low income individuals. Most people who need nursing home care will eventually need Medicaid. To preserve as many assets as possible, it is critical to have a clear understanding of Medicaid’s complicated rules before applying for Medicaid benefits. If your assets exceed the asset limitation for eligibility of government benefits, the application will be denied. Prior to submitting the application there may be an opportunity to “spend-down” or reduce your assets to a certain amount. With the assistance of an elder law attorney, strategic moves can be made to protect as many resources for the family as legally possible. When a spouse still lives at home, proper planning can make the difference between financial security and financial devastation. Trying to navigate the complicated and changing Medicaid process without the knowledge and experience of an elder law attorney can end up unnecessarily spending all of your assets to pay for nursing home bills.

Our Firm’s goal is to make Medicaid planning as easy to understand as possible. We can assist clients with the lengthy and complex application process. Additionally, we can help clients plan for Medicaid’s estate recovery program to prevent the loss of a home or estate.