Seniors face a myriad of health, finance and legal issues that can significantly affect their lives and families for years to come. Elder Law Attorneys understand the unique needs of older adults regarding physical and mental limitations and navigating the complexities of retirement living and financial and estate planning. An elder law attorney can help with the following legal issues related to seniors: Health and personal care planning (healthcare decisions, powers of attorney, living wills, disability planning, end-of-life care) Financial planning (employment and retirement issues, asset protection, estate and gift taxes) Long-term care planning (long-term care and disability insurance, Medicare,…
Many elder law attorneys advise clients to consider using annuities as a means to protect assets for the community spouse when their spouse is in the nursing home. An important decision was reached that may benefit planners and their elder law clients in achieving asset protection goals. Reversing a district court, a U.S. court of appeals holds that an annuity is an unavailable resource even if it is purchased in addition to the community spouse resource allowance, and that there is no transfer penalty for the couple’s purchase of the annuity prior to a determination of Medicaid eligibility. Morris v….
The traditional model for these facilities is institutional, with facility designs and procedures based on mass efficiency instead of individual concern for the well-being of each resident. At the Elder Law Office of David Wingate we appreciate that this "regimented" lifestyle is feared by many local residents who likely have personal stories of friends or family members who lived unhappily in one of these facilities. Some seniors even “put off” estate planning and asset protection strategies, because thinking about these issues is unpleasant and many would prefer to just avoid the issue altogether. Of course, failure to plan for long-term…
Entering a nursing home can provide provide peace of mind for your elderly parent. But if proper asset protection planning for the monies involved in nursing home care and estate planning are not done in advance, it can put your loved one at risk financially. Especially for seniors on Medicaid, there are important considerations to take before moving into a nursing home. Many seniors own a home, and depending on what is done with a home before moving into the nursing home can greatly affect their assets. Before deciding on selling the family home or transferring it to a family…
Medicare does not pay for long-term care, except for 100 days of rehabilitation in a nursing home. Nursing home care falls primarily to Medicaid, the jointly funded state and federal program. The program now is shouldering 40% of the country's long-term-care spending, according to the Kaiser Family Foundation. To be eligible for Medicaid in Maryland, can have no more than $2,500 in cash and investments. (Spouses are allowed to keep a home, a car and up to approximately $110,000.) In the past, regulators looked at any gifts you made up to three years before applying for Medicaid. However, in 2006,…
At the Elder Law Office of David Wingate, LLC we assist clients who are faced with the possible placement of a spouse or parent in a nursing home. We counsel clients in navigating the complex and confusing Medicaid rules and regulations which pertain to nursing home care. Consequently, we assist in long term care planning to best situate your loved one for possible placement in a nursing home. Furthermore, we aid and counsel them in securing maximum financial protection and in preserving assets for the spouse who will remain at home and in applying for Medicaid eligibility. We also help…
Planning for assisted living costs should be at the top of your aging parent’s mind, or your mind. Because nursing home, assisted living, and adult day care costs are constantly increasing. As stated in the MetLife Mature Market Institute’s annual survey the cost of these types of long-term care have increased by 5.6 percent since the previous year. A private room in a nursing home averaged $87,000 a year and adult day programs cost $42,000 a year. Assisted living costs increase as your parents require additional care. Therefore, facilities can charge hundreds more a month for bathing, incontinence care, and…
Unfortunately, most people do not plan for the nursing home, until the crisis occurs. As an elder care attorney I see this situation time and again. Therefore, it is important to educate my clients on the options they have available. The nursing home is a strong possibility for most Americans. People are now living longer than they ever have before. Consequently, for most they cannot care for themselves. Therefore, you will need some form of long-term care, usually, the nursing home. We, if the need occurs, help you plan for how to make this possibility happen. Medicare does not pay…
Medicaid eligibility rules are extremely complex and confusing, and impossible to understand without legal assistance. The United States Supreme Court has called the Medicaid laws “an aggravated assault on the English language, resistant to attempts to understand it.” Schweiker v. Gray Panthers, 453 U.S. 34, 43 (1981). Additionally, the United States Court of Appeals for our own Fourth Circuit (just below the U.S. Supreme Court), in a case arising out of Virginia, has called the Medicaid Act one of the “most completely impenetrable texts within human experience” and “dense reading of the most tortuous kind.” Rehab. Association of Virginia v. Kozlowski,…
If you need nursing home care, how will you pay for it? The average cost of nursing home costs can easily exceed $100,000 per year. This makes it a challenge to pay for care, let alone leave an inheritance for future generations. The Medicaid program can provide nursing home coverage – but only if you qualify i.e your assets are below $2,500. Therefore, most people do not have automatic Medicaid eligibility, until all their assets are spent down. Consequently, people need Medicaid Planning. Medicaid Planning involves repositioning assets in accordance with strict rules, so that you meet Medicaid eligibility requirements….
Frederick, MD 
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