Elder Law attorneys by state.

How do I qualify for Medicaid to pay for nursing home care?

Medicaid eligibility for long-term care has strict income and asset limits that vary by state. Generally, you can keep limited assets (your home up to a certain equity value, one vehicle, personal belongings, and a small amount of cash). Planning ahead is important because Medicaid has a "look-back period" (typically 5 years) during which asset transfers can result in penalty periods.

What is the Medicaid look-back period?

When you apply for Medicaid long-term care benefits, the state reviews your financial transactions for the previous 5 years (3 years in some states). Gifts or transfers made during this period can result in a penalty period during which Medicaid won't pay for nursing home care. An elder law attorney can help you plan transfers properly and navigate these complex rules.

What's the difference between guardianship and power of attorney?

A power of attorney is a voluntary document — you choose someone to act on your behalf while you're still competent. Guardianship is a court-imposed arrangement when someone is no longer able to make decisions and didn't have a power of attorney in place. Guardianship is more expensive, more restrictive, and removes more autonomy. Having proper powers of attorney in place can prevent the need for guardianship.

How do I report nursing home abuse or neglect?

Report concerns to your state's long-term care ombudsman program, Adult Protective Services, and the state health department that licenses nursing facilities. For immediate safety concerns, call 911. Document everything — photographs, dates, names of staff, and details of incidents. An attorney can advise on your legal options for holding the facility accountable.

Can a nursing home take my parent's house?

A nursing home cannot directly take your parent's home, but Medicaid can place a lien on the home and seek recovery from the estate after your parent passes. There are protections — the home is generally exempt while a spouse, disabled child, or certain other relatives live there. An elder law attorney can help protect the home through proper planning.

What is elder financial abuse?

Elder financial abuse includes theft, fraud, undue influence over financial decisions, misuse of powers of attorney, coerced changes to wills or beneficiary designations, and scams targeting seniors. It's committed by family members, caregivers, financial advisors, and strangers. An attorney can help investigate suspicious activity, recover assets, and establish protections.

Should I add my child's name to my bank account or house deed?

This is a common strategy that often backfires. Adding a child's name can expose the asset to their creditors and divorcing spouses, create gift tax issues, eliminate the step-up in tax basis at death, and trigger Medicaid transfer penalties. There are usually better alternatives — like a properly drafted trust or power of attorney — that achieve your goals without these risks.

What veterans benefits are available for elderly veterans?

The VA Aid and Attendance pension benefit helps veterans and surviving spouses pay for long-term care, assisted living, or in-home care. Eligibility requires wartime service, medical need, and meeting income and asset thresholds. The application process can be complex, and the VA has specific rules about asset transfers. An attorney can help evaluate eligibility and avoid common mistakes.