Elder Law · FAQ
Answers to common questions about long-term care, Medicaid, disability planning, and decision-making from Pearson Bollman Law attorneys.
Getting started
General information only, not legal advice. Schedule a free consultation for advice about your situation.
Estate planning focuses on legal documents that address your wishes for the future. Elder law also addresses aging-related concerns such as long-term care, Medicaid, incapacity, and asset protection. The two areas often work together.
Not necessarily. While earlier preparation may offer more options, families often still benefit from legal guidance after a loved one has entered a nursing home or care facility.
Medicaid
Medicaid planning involves preparing for possible long-term care needs while considering Medicaid eligibility rules. Starting early often provides more flexibility, but guidance can still be valuable when care is already needed. Learn about Medicaid planning.
Every situation is different. The answer depends on your assets, timing, family circumstances, and applicable law. An elder law attorney can explain the options that may be available in your situation.
Depending on your circumstances and applicable law, there may be strategies designed to protect certain assets for a spouse. An attorney can review your situation and explain your options.
When applying for long-term care Medicaid, asset transfers made during the five years before the application are reviewed. Transfers for less than fair value during that period can delay eligibility.
The spouse who continues living at home when the other spouse receives long-term care.
Decision-making
Your family may need a court-supervised guardianship or conservatorship to act for you.
A document naming someone to handle your finances if you cannot. Learn more about powers of attorney.
Special situations
VA and Medicaid have different rules and look-back periods. A trust designed for VA may not meet Medicaid requirements. We plan for both when both may apply.
Yes. A supplemental needs trust can provide for a loved one without replacing the public benefits they rely on. Learn about disability planning.
Related
Planning for long-term care, Medicaid, and future decision-making.
Preparing for long-term care costs while considering Medicaid eligibility rules.
Planning for veterans and surviving spouses who may qualify for a VA pension.
Planning for a loved one living with a disability.
Free resources
Free masterclass
Short classes on estate planning, long-term care, probate, and trust administration, presented by Pearson Bollman Law attorneys.
Free guide
A free guide to help you organize your information and prepare for a conversation about your plan.
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Whether you are planning ahead or a loved one needs care now, Pearson Bollman Law can help you understand your options and next steps. Your initial consultation is free.
