Planning for Long-Term Care: How an Elder Law Attorney Can Assist with Medicaid Planning

While the notion of living while you’re young isn’t bad, one should not forget that youth is temporary. Just like every living human on this planet, you, too, will get old. To prepare for that inevitability, you’ll need a seasoned elder law attorney by your side. These attorneys play an instrumental role in the life of people and families they legally assist.

In fact, one of the areas where you’ll definitely need their help is in the long-term care and Medicaid planning department. Being home to experienced elder law attorneys in Michigan, we at The Law Offices of Sean Patrick Cox have witnessed many seniors attempt and fail to get their long-term care paid for by Medicaid.

The process of applying for Medicaid itself can be a choir. An experienced attorney can help you prepare that application in a manner that has the best chance of approval. Similarly, an attorney can address several other challenges that arise while securing Medicaid. They’ll ensure you get the quality care you need without putting a dent in your life’s savings.

In this article, we want to shed light on the significant role that elder law attorneys play in Medicaid and long-term care planning.

So without much further ado, let’s get started.

Understanding Medicaid

Medicaid is basically a public insurance program that offers healthcare coverage to low-income individuals and families. The program is funded jointly by the federal and state government. Each state operates its own Medicaid program under the guidelines dictated by the federal government. As these guidelines dictated by the federal government are broad, many states take a flexible approach to administrating the program.

Simply put, the rules regarding Medicaid (the benefits and eligibility) will vary from state to state. Typically, Medicaid covers children, pregnant women, families, senior citizens, and disabled people who fall under a certain income bracket.

People who are not US citizens aren’t eligible for Medicaid. Furthermore, green card holders are also not eligible to apply for Medicaid coverage for the first five years. It is also important to note that not all low-income individuals will be eligible for Medicaid. We suggest consulting your elder law attorney to get familiar with the laws specific to your state regarding Medicaid benefits and eligibility.

Speaking for long-term care financing, Medicaid covers long-term nursing-home services and long-term care at home. This includes

• Custodial care
• Adult daycare
• Personal care services
• Nurses
• Assisted living
• Laundry
• Cleaning, etc.

Again long-term care rules for Medicaid differ from state to state. Generally, an individual’s finances going all the way back five years from their application are considered to determine long-term care eligibility. The individual will be penalized if financial transactions in the past five years are in direct violation of eligibility rules.

Planning Ahead

Elder law attorneys are familiar with state-specific laws that apply to the Medicaid process. As such, they can help you avoid common mistakes resulting in application rejection. Following are a few ways by which an elder law attorney can help you with long-term care and Medicaid planning:

1. Tailored Care

When it comes to healthcare, different people go through different situations. Not all needs are the same, and therefore it is essential to take a tailored approach to plan long-term care. An elder law attorney will work with you to determine the best course of action for you and your loved ones.

2. Exploring Long-Term Care Options

Medicaid can be complex. Fortunately, a good attorney will help you clearly understand the benefits and rules of Medicaid. They’ll help you explore all the different insurance plans available out there and help you choose an option that best caters to your needs.

3. Assistance with Estate Planning

The assets, finances, or property you own typically pass on to your loved ones if you become incapacitated or die. However, it is important to manage these assets legally to ensure they don’t end up in the wrong hands. An elder law attorney can make sure this doesn’t happen while taking care of your Medicaid planning.

Asset Protection

Senior citizens without a solid care plan end up exhausting their financial resources to fund their healthcare needs. However, an elder law attorney can help you avoid such circumstances with proper planning. There are many ways by which an attorney can help you fund your hospital, nursing home, and general healthcare bills without relying on your accumulated assets.

They can help you select good long-term insurance. A typical long-term insurance package covers adult day care, home health care, and personal care. Long-term insurance is considerably effective when opted for before turning 60.

Alternatively, an attorney can help you set up an asset protection trust. These trusts are usually created to handle the risks associated with divorce, bankruptcy, and taxation. Furthermore, you can also request your elder law attorney to construct a well-articulated personal care agreement. This agreement can offer you care beyond what Medicaid covers. The agreement also ensures that the burden of provided care doesn’t fall on one particular child.

Handling Disputes and Challenges

The space of Medicaid and long-term care is rife with challenges. Disputes like substandard care, insufficient therapy, low quality of food, etc., can arise during the care. Now you can try to resolve them on your own. However, if all else fails, your attorney can intervene and ensure you get the care promised to you. A lawyer mostly has all the insight and tools needed to make a healthcare facility obey the law and their agreement with you.

Conclusion

Navigating the realm of Medicaid and long-term care isn’t everybody’s cup of tea. This is why we highly recommend contacting a reputable elder law attorney right away, even if old age seems distant to you today. Elder law attorneys are typically experts at Medicaid planning, asset protection, guardianship, estate planning, and dealing with issues that affect most senior citizens.

With a good attorney by your side, you can rest assured that both you and your family aren’t burdened with the various elements associated with Medicaid and long-term care. They can clear any doubts regarding the process and even help you understand the benefits and eligibility rules associated with private and public health insurance programs.

Needless to say, an elder law attorney is essential to competent long-term care planning.

If you wish to plan for long-term care and Medicaid as well in Michigan, we suggest you waste no time in giving the trusted law firm of The Law Offices of Sean Patrick Cox a call today.  

Get in touch with us to schedule a free initial meeting with our lawyer at your convenience.