Elder Law
Elder Law is an area of practice focused on the legal needs of seniors and elderly clients facing the possibility of entering a nursing home. A well-rounded Elder Law attorney will address a client’s general estate planning issues while also advising them on planning for incapacity, including potential future nursing home care or immediate entry into a facility.
Thinking about the possibility of needing nursing home care isn’t easy, but an Elder Law attorney can help!
Estate & Long-Term Care Planning
Education You Can Trust
Planning Assistance for Nursing Home Care
Understanding your options is crucial when planning for long-term care, including entering a nursing home. The law can be complex, but an elder law attorney can help simplify the process. There are still options to safeguard assets, even with limited time remaining before the likelihood of entering a care facility.
We can also assist you in navigating Medicaid (MO HealthNet) eligibility after you enter the nursing home, even if you have concerns about having too many assets to qualify. You don’t have to spend your entire life savings when entering a nursing home. With the proper legal help, often some of your assets can be preserved for your loved ones.
With a primary office located in Springfield, Missouri we also serve the Branson, Bolivar, Mount Vernon, and Marshfield areas for all elder law services and the rest of Missouri for some matters.
Contact us today so we can educate you on your options in the Southwest Missouri area.
Nursing Home Planning
Be Prepared in Advance for Declining Health
There is a lot to plan and prepare for when considering your future elder law and long-term care needs, including being prepared for potentially entering a nursing home. It’s a complicated process and each person’s situation is different. You have worked a long time to provide for yourself and your family. It’s time to consider how your savings will benefit you in the later stages of your life. Planning for these expenditures now will save you time, energy, and stress down the line.
When your health begins to decline, you might need more extensive care. While you plan your estate, the possibility that you will require a nursing home or need long-term care can be difficult to face.
It’s impossible to know what type of care you will need, but the costs will add up quickly if you don’t create a plan for the future. No matter what your health is like right now, you should not ignore long-term care planning when you evaluate the future of your finances.
Advanced planning is easier with the help of one of our qualified attorneys.
You deserve legal guidance you can count on.
Medicaid Asset Protection
Preserve your Legacy Before Entering a Nursing Home
Planning for a debilitating illness that may require long-term nursing home care involves careful preparation. An attorney can assist you in making proactive decisions focused on financial security and peace of mind. Options like Medicaid, known as MO HealthNet in Missouri, offer programs to make long-term care more affordable.
Any gifts or asset transfers made within five years of applying for Medicaid may affect eligibility, known as the “5-year look-back period”. However, with an Irrevocable Medicaid Asset Protection Trust, assets transferred today will not be counted as resources after five years. Strategic planning with this type of trust can help protect your assets, allowing you to preserve your legacy for your family rather than spending everything on long-term care.
Get the answers you need—our attorneys will show how early planning protects your assets.
Crisis Nursing Home
Urgent Nursing Home Placement? Crisis Planning Matters
With an unexpected emergency or crisis ending in nursing home placement, we can assist in saving assets even after you are already in a nursing home.
There are strategies available to help the healthy spouse protect most of the assets for their own use. Each type of asset requires a different approach for preservation, making careful planning essential. Timing is also critical since some resources need to be moved around prior to applying for Medicaid, while other assets can be retitled shortly after.
Widowed or single residents may consider last-minute partial asset transfers to their children as part of a strategic Medicaid crisis plan. This approach involves accepting a penalty period before Medicaid benefits begin, but when done correctly results in faster qualification than expected. However, preserving assets typically requires selling or liquidating property and retirement savings.
Not sure where to start? We’ll walk you through your options for crisis planning.
Frequently Asked Questions About Elder Law
Elder law is a legal practice area that focuses on the unique needs of older adults or disabled persons, especially planning for long-term care, nursing home costs, Medicaid eligibility, and protection from exploitation. General estate planning, by contrast, focuses on what happens to your property after death using wills, trusts, and beneficiary designations. Elder law often includes estate planning but goes further by addressing health care decisions, incapacity, and preserving assets during your lifetime.
Planning ahead is key. Many people use tools like Medicaid Asset Protection Trusts or gifting strategies to safeguard savings while still qualifying for care benefits. In Missouri, timing matters because Medicaid has a five-year “look-back” period, so the earlier you plan, the more options you have to protect your home and other assets.
Medicare is a federal health insurance program mainly for people 65 and older, covering hospital care, doctor visits, and some prescriptions. Medicaid is a joint federal–state program (called MO HealthNet in Missouri) that provides medical coverage for people with limited income and resources, and it can help pay for long-term care or nursing home costs that Medicare does not cover.
Read More About Elder Law
Protecting Your Estate and Assets When Moving to a Nursing Home
Planning for long-term care is an important part of preparing for the future, especially as the likelihood and cost of needing such care continue to rise.
How Nursing Home Planning Can Protect Your Assets
Planning for potential admission to a nursing home can be emotionally and financially overwhelming but thoughtful, proactive legal planning can make a substantial difference. We offer compassionate and strategic counsel to help preserve your assets and secure peace of mind.
How to Plan for Diminishing Capacity
Estate planning is also about protecting yourself during your lifetime, not just distributing assets after death.
Connect With Us to Hire an Elder Law Attorney in Southwest Missouri.
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