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It's Not Too Late!

Often, the most overlooked planning option available is planning once someone has already been admitted to a long-term care facility like a nursing home, or is imminently moving into one. If you have a loved one entering a nursing home or already in one, and spending tens of thousands of dollars per month, IT’S NOT TOO LATE TO PLAN. The main takeaway for a family helping a loved one in crisis is elder law attorneys can often put a cap on your “spend-down,” maximize the amount of assets you will be able to preserve, and expedite your loved one’s eligibility for Medicaid benefits.

Over the years, families shared that other attorneys have said, "your loved one is already in the nursing home, so it is too late for you to do any planning or consider preserving any of his/her remaining funds/assets.” Those families are usually surprised to learn of the solutions we present to them, as they believed their problems to be unsolvable. This is why finding an experienced Medicaid attorney is critical to you or your loved one's future.

Find An Experienced Medicaid Attorney

The rules of Medicaid are complex and ever-changing. Most attorneys do not dabble in Medicaid Planning. If it is not a primary focus of their practice, they may not be up to date on the current rules and the options available to best assist you. If you want to know whether the attorney you are working with really is well-versed in Medicaid planning, ask some of these questions:

1.     Have they ever filed a Medicaid application?

2.     How many Medicaid applications have they filed in the last 3 months? 6 months? Year?

3.     Do they know how to calculate a Medicaid penalty period?

4.     What is the penalty divisor your State’s Medicaid agency uses to calculate improper transfer penalties?

Answers to these types of questions can be easily answered by an experienced elder law attorney.

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A Medicaid crisis is overwhelming.  It is important for you to understand your State's rules on income and asset limits for Medicaid applicants. The burden and stress of these crises cause some families to ignore the planning opportunities available to them.


The Medicaid process for married couples is complicated.  The complexity stems from what to do about the spouse who does not need long-term care.  The stress of the process can be relieved through the help of an experienced Elder Law attorney.

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Disclaimer: Our website is for informational purposes only and is not intended to be advertising, solicitation, or legal advice.  Viewing the website or contacting us does not form an attorney-client relationship and cannot substitute for obtaining legal advice from an attorney admitted to practice law in your State.  Please do not act on or refrain from acting based on anything read on this site.  Please do not send any information you consider to be confidential until an attorney-client relationship has been established, as evidenced by an engagement agreement outlining the scope of our representation.

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