Practice Areas

Elder Law and Medicaid Planning

Life Requires Planning. . .

Today, a senior citizen (aged 65 or older) has a one-in-four chance of spending time in a nursing home facility.  According to the U.S. Census Bureau, more than 5% of those 65 and older reside in a nursing home, assisted living or other continuing care facility at any given time.  That rate increases with age, with almost 50% of those aged 95 and older residing in a nursing home.  With nursing home costs averaging $10,000 per month or more, are you equipped to pay for your long term care costs as you age?

What Are Your Options? Nursing home and assisted living expenses can be paid privately.  However, no one wants to see their life savings dissipated in their golden years to pay for long term care costs.  In the alternative, such expenses can be covered by long term care insurance, Medicare, Veterans’ Benefits and/or Medicaid.   However, only approximately 5% of all Americans have long term care insurance, Medicare is only a temporary aid to assist with such costs, and less than one 1% of nursing home residents currently receive Veterans’ Benefits.   Therefore, the primary long-term alternative to assisted living and nursing home expenses is Medicaid.  The key to protecting your assets while maintaining a high level of comfort and care is to initiate Medicaid planning early.

Be Proactive. Medicaid planning is planning designed to protect your assets within the confines of the Medicaid rules.  At Fendrick & Morgan, LLC, we carefully design each client’s Medicaid plan in order to secure assets for the spouse and preserve a legacy for surviving children.  Failure to proactively plan for the likely reality that either you or your spouse will require either assisted living or nursing home care in the future may result in the “healthy” spouse being unable to maintain his or her standard of living.   While it is important to be proactive in your planning, it may not be too late to protect some assets even if a loved one is already in a nursing home or assisted living facility.  The rules for Medicaid eligibility are both strict and unforgiving.  To help you navigate these rules, you need attorneys with experience and expertise in the area of Medicaid planning.   At Fendrick & Morgan, LLC, we offer you both.

Our Plan.  At Fendrick & Morgan, LLC, our approach to Medicaid planning is to combine our years of experience with skillful and creative drafting to produce a customized plan for each client that best meets their individual needs.  But, first we listen.  We listen to your concerns, your needs and your desires.  Then, relying on the extensive education and experience of our attorneys, we create the appropriate vehicles to protect your assets in the event that you or your spouse requires long term care.   You are our number one priority.  Not only do we work hard to qualify you for governmental assistance, when appropriate, but we also make sure that your estate planning documents (i.e., your Wills, Living Wills, General Durable Powers of Attorney and Trusts, if applicable) are all in place.   Above all, we focus on providing the highest level of professionalism and service at all times.

Our Specialized Elder Law Services

Medicaid Planning and Applications. We perform a comprehensive evaluation of your unique family and financial situation.  Based on this evaluation, we provide planning recommendations designed to preserve your estate for your spouse and heirs, to the greatest extent possible.  In addition to planning for the possibility of future long-term illness, we can advise you and your family after such illness occurs.  The rules of Medicaid eligibility are constantly in flux.  As these rules become increasingly complex, there are pitfalls for the unwary, but opportunities for the early planner.  We can guide you through the Medicaid maze and successfully apply for Medicaid benefits on your behalf, or on behalf of your loved one.

Guardianships. When an individual is unable to make medical and/or financial decisions on their own behalf, it may be necessary to have a Guardian appointed for that individual by the Court.  We often represent family members who seek to petition the Court for the establishment of a guardianship for an incapacitated or developmentally disabled individual.  We have handled many complex Guardianship cases, including those involving Medicaid planning, health care issues and asset preservation.

Disability Planning. When an individual is disabled and, as a result of such disability, is receiving certain government benefits, it is critical that such benefits be preserved.  We assist disabled individuals and their loved ones to plan for their long-term needs.  We also advise the parents and family members of disabled persons on how to effectively provide for their loved one without jeopardizing the valuable government benefits that the disabled person may be receiving.  Careful regard for preserving eligibility for Medicaid and other public entitlements is always given.  We draft Supplemental Needs Trusts and other documentation, as appropriate, and advise the Trustees of such trusts regarding such trust administration.

Benefits of Elder Law Counseling

• Avoid dissipation of life-long savings and protect assets from nursing home and assisted living expenses.
• Allow surviving spouse to maintain his or her standard of living.
• Preserve estate for heirs.
• Appoint an individual to assist with financial affairs and end-of-life medical decisions.
• Plan and allocate finances for current and future medical residential needs.