Elder Law

Elder Law

Elder Law planning protects you and your family.

Elder Law involves planning for health care, long-term care, asset protection and other issues facing elderly and disabled individuals and their families. With the average cost of nursing home care now over $12,000.00 per month, it is necessary to work with a qualified elder law attorney to properly plan and protect your assets. Because there is a 50-50 chance that the average adult will spend at least one year in a long-term care facility, this type of planning is extremely important to protect your assets.

Confused about Medicaid? You are not alone! The complexity surrounding this constantly changing area of the law can sometimes feel overwhelming. It doesn't need to be. Call our office and schedule an appointment today.

Whether you're facing these issues yourself or you have a family member who is, we encourage you to call us. The timing of the decisions families need to make has a dramatic impact on whether or not someone can qualify for the various federal and state programs you may need to protect yourself or your family.

Elder Law FAQ’s

Does Medicare provide coverage for long term care?

Medicare does not provide coverage for long-term care, such as nursing home care. Medicare will pay for up to 100 days of skilled nursing care per illness. A patient must be hospitalized for the illness, and the patient must receive skilled nursing care that couldn’t be provided at home or on an outpatient basis. After 20 days of nursing home care, there is a copayment required of the patient for the remainder of the stay.

What are the current costs of nursing care today?

In 2017, the average monthly cost of nursing home care for Medicaid purposes, in Connecticut, is $12,388.00 per month or $148,656.00 per year.

Do I need Medicaid planning? 

Most people pay for nursing home care out of their savings, until they run out of money.  Careful planning can help protect your estate, whether for your spouse or for your children. The biggest mistake people make is waiting too long. Unless you plan ahead, your options to preserve your estate are limited.

How do I prepare the Medicaid Application?

The Medicaid application is lengthy and complicated.  We will assist you in preparing this complicated application and make certain you receive all the benefits you are entitled to. We will also work hard to preserve your assets through careful planning, exemptions, transfer rules and proper “spend down” techniques.

What should I do if the Nursing Home asks me to sign as a Responsible Party?

Nursing homes are not allowed to require you to sign as a responsible party as condition for admission into their facility.  However, we are aware of many cases where they put pressure on family members to sign as “responsible party”.  We strongly recommend that only the patient being admitted, or his/her agent on behalf of the patient, sign the admission papers. 

Are gifts to a loved one prohibited?

The Department of Social Services reviews all money transfers within five years of applying for Medicaid, to determine if the transfer was for no consideration.  This is called the look-back period.  There are exceptions we will counsel you on, however, for every $12,388.00 gift the applicant is ineligible for Medicaid for one month (the penalty period).  Therefore, a gift of $50,000.00 to a child or grandchild will mean Medicaid coverage will be delayed for 4.04 months.