Charlotte County Florida Elder Law Lawyer
Compassionate When You Want It; Aggressive When You Need It.
Medicaid Planning/Elder Law:
Elder law is an area of law which focuses on the issues and concerns that affect the senior population. One important aspect of Elder law is the practice of planning for Medicaid. If you need nursing home care or assisted living care, receiving Medicaid benefits can help protect your assets for your loved ones. The problem is that the Medicaid application process is very complex and confusing. An Elder law attorney can assist people in qualifying for Medicaid benefits while also trying to preserve their life savings. The Law Offices of Robert D. Schwartz, P.A. can help you with the following services:
As you age, there are actions you can take to best prepare yourself and your financial assets for the possibility of nursing home or long term care. It is extremely important to get your estate planning documents in order in case of sudden illness or incapacity. Having an up-to-date estate plan is invaluable in long term care planning. A proper estate plan includes, but is not limited to, having the following documents in place:
- Revocable Trust (or any other necessary Trust)
- Durable Power of Attorney
- Health Care Surrogate
- Living Will
Legal Documents Associated with Qualifying for Medicaid:
Special Needs Trusts:
A Special Needs Trust can avoid potential problems with receiving government aid, such as Medicaid. Many government benefits programs have very strict eligibility requirements. Owning certain assets might disqualify a person from receiving benefits that they nevertheless need. A Special Needs Trust can make sure that a person receives their much needed government aid, but also reserves a back up fund for additional and/or emergency care for that person.
Personal Service Contracts:
This type of contract is between a Medicaid applicant and their 'caregiver', such as a family member. It allows for the applicant's caregiver/family member to charge for their services in taking care of that person.
Qualified Income Trusts
A Qualified Income Trust is specific type of Trust that will accept income in excess of the government allowances. In other words, if you need Medicaid benefits in order to pay for long term care, but your income exceeds the allowed limit, then this type of Trust could be very useful to you.
When it comes to planning for what's ahead, let us help you! With more than 20 years of legal experience, we can make these difficult processes much easier for you and your family. The legal issues that affect senior citizens are numerous and require special attention. Trying to do it yourself can be stressful, time consuming, and may leave you with unintended results. It is very important to have expert advice and careful planning in order to successfully navigate estate planning and long-term care concerns.
Please call (888) 615-8641 for your consultation.