Miller Johnson’s elder law and disability planning lawyers counsel individuals and families concerning the legal and practical aspects of planning for long-term care, applications for Medicaid, and planning for family members with disabilities or special needs. Our elder law lawyers and legal assistants use a team approach to provide you with cost-effective representation.
Medicaid Planning/ Elder Law
We meet with family members, analyze the financial situation of the person facing a nursing home admission or in a nursing home, explain options, and implement a course of action, including:
Preparing powers of attorney and patient advocate designations where appropriate.
Discussing divestment or transfer of asset strategies.
Counseling clients about asset sheltering strategies.
Determining other alternatives to court intervention.
Filing guardianships and conservatorships where necessary.
Collecting financial information and verification for filing Medicaid Asset Declaration.
Advising and assisting with "spend down."
Collecting financial information and verification for filing a Medicaid Application.
Re-titling assets to at-home spouse.
Reviewing and amending estate plan of at-home spouse.
Assisting with annual review of assets.
- Providing referrals of families to community resources for seniors.
Special Needs TrustsOur team:
- Prepares trusts for family members with disabilities as a part of a client's overall estate plan so that government benefits can be maintained while providing funds to enhance quality of life.
Works with persons with disabilities who receive insurance proceeds or money judgments to set up an amenities trust allowing them to continue to receive government benefits during their lifetimes.
Advises family members about special concerns regarding chronic illness, caregiver responsibilities, and economic security.
Refers to appropriate community resources.
Negotiates the minefield of government regulations.
- Advises trustees of special needs trusts in making appropriate distributions which will not affect Social Security and Medicaid eligibility.
AdvocacyOur attorneys also helps with:
- Appeals from medicaid denials.
Advocating for quality nursing home care.
Review of nursing home contracts.
Protecting resident's rights.
Handling nursing home eviction cases.
- Reviewing long-term care insurance policies.
As part of Miller Johnson's Probate and Estate Planning Group, we also prepare wills, trusts, and living trusts; conduct estate tax shelter planning, and probate estates.