Frequently Asked Questions – Elder Law

Answers from the experts at The Center for Elder Law

Q: My parent is about to enter a nursing home. How can The Center for Elder Law help me?

The Center for Elder Law is there to hold your hand and walk you through the process of having a loved one enter a nursing home. Attorneys at The Center for Elder Law have been listed in the Experienced Registry of the National Elder Law Academy for many years and are knowledgeable about all types of nursing home issues. The laws are always changing, and we keep abreast of these changes.
The primary benefit to working with us is that we can help you and your family plan properly to protect and preserve assets so that all of your loved one’s money is not spent on the nursing home. There is a better way to pay for the nursing home, and we can show you what it is. Caring for a loved one should not cost a lifetime of savings.
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Q: How can The Center for Elder Law help save us money?

With proper planning, The Center for Elder Law can help your loved one qualify for Medicaid and protect and preserve their life savings. We help save the assets through a variety of strategies that may include gifting, purchasing annuities, life insurance, tax and estate planning, and many other options that enable qualification for Medicaid while still saving the assets.
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Q: Won’t the help of The Center for Elder Law be too expensive?

Not at all. The first consultation is free, and the total legal fee will be only a small fraction of the money we can save your family. As a point of reference, the typical cost of one month’s payment to the nursing home will cover the full payment of our fees. In exchange, the savings will be tens of thousands to hundreds of thousands of dollars, depending on the level of assets.
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Q: Will doing this planning affect the level of care my loved one will receive?

In nursing homes that accept Medicaid patients and private-pay patients, the level of care is identical for all tenants. The only difference is how much it is going to cost you. By doing the proper planning with The Center for Elder Law, you can save money.
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Q: This sounds too good to be true. Will it really work?

Yes. The government has issued a very complex set of laws, rules, regulations and procedures that specifically allow for this type of planning, but only if it is done correctly. These laws are constantly changing (CLICK HERE FOR A SUMMARY OF THE NEW MEDICAID AND ESTATE RECOVERY LAWS), and we keep abreast of every change in the law as soon as it happens. We have successfully qualified several hundreds of people for Medicaid benefits, while protecting their life savings. In fact, we have never had a Medicaid application for benefits denied for any client who followed our instructions. We know how to save you and your family money. It will work for you, if you work with us.
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Q: How much of the assets can be saved?

Typically, for an individual without a spouse, we can usually save 50% to 75% of the assets, perhaps more, depending on a variety of factors, including how far ahead the planning was started. For a married couple with one spouse entering (or already in) a nursing home and the other spouse still living in the community, we usually can save 100%!
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Q: I’ve heard many rumors about Medicaid, such as you can not make a gift and apply for Medicaid without waiting five years, that all of a couples’ income will go to the nursing home, or that spouse of someone entering a nursing home has to spend all their assets except for their house. Are these true?

Most of these are myths that are simply false. Click here and we will dispel those Medicaid Myths.
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Q: What if we need help finding a nursing home?

We can help with that too. We have many contacts in the industry that can help you locate the perfect facility. We also can direct you to financial planners, social workers, accountants, and many other professionals who devote their careers, like we do, to helping seniors and family members of seniors. Plus, we have personal experience with almost all of the nursing homes in the area, and we have contacts in most of them that can sometimes help with the process of finding and entering the perfect nursing home for you or your loved one.
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Q: How soon should I contact you for help?

The earlier we can start the planning, the more money we can save. Remember, Noah built the ark before it started raining. We often see clients who put their head in the sand hoping their problems will go away. If you plan now, before your loved one has to enter a nursing home, then you not only give yourself peace of mind so that you are prepared, but you also can maximize your savings. Above all, do not put off dealing with the issue until it is too late. Procrastination is the greatest threat to the future and security of our loved ones.
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Q: My parent is already in a nursing home. Is it too late for us?

Not at all. It is almost never to late to plan, even for those already in a home. However, the earlier you begin planning with The Center for Elder Law, the better.
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Q: What makes the attorneys at The Center for Elder Law different than other attorneys?

Our Elder Law attorneys have been practicing in this area even before “Elder Law” was a recognized area of the law. Our two principal attorneys (Don L. Rosenberg and Danielle B. Mayoras) concentrate on Medicaid and nursing home planning and related areas and have more than 33 years combined experience as elder law attorneys. Unfortunately, most attorneys, even estate planning attorneys, do not concentrate on Medicaid planning because the laws and procedures are so complex and change so often, and because a mistake in planning will often result in a loss of Medicaid eligibility completely. Only attorneys who specialize in elder law can help you through the process safely and securely. The Center for Elder Law is a division of Barron, Rosenberg, Mayoras & Mayoras, a full-service law firm that can help with all of your legal needs.
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Q: What other legal issues can The Center for Elder Law help me with?

The Center for Elder Law is a division of BRMM, a full-service law firm that can help with all of your legal needs. The Center for Elder Law attorneys have specialized experience and expertise helping seniors and their family members, as well as those who want to plan for the days when they become seniors. In addition to Medicaid and other long-term care planning, The Center for Elder Law helps thousands of clients with trusts, wills, powers of attorney, patient advocate designations, probate court proceedings (including estates, guardianships and conservatorships), and even probate litigation, including family feuds that unfortunately often result when the proper estate planning is not done ahead of time. We can provide assistance with any legal issue, and for the rare legal problem or question that our attorneys do not handle, we will refer you to another attorney who does. For a full listing of all of our services, click here.
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Q: What other information is important for clients and prospective clients of The Center for Elder Law to know?

We’ve assembled a wide variety of useful resources to help guide you, including articles, FAQs and links that offer information on elder law, estate planning and many other topics. Another helpful source is an interview that Don L. Rosenberg, attorney for The Center for Elder Law, did for a local television news segment. Click here to read it.
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