Elder Law FAQs

Below, I have provided answers to some of the most frequent questions my clients ask me. For other questions related to your situation, please call 412-366-0510 or email me. I will schedule a consultation to speak with you.

What Is Elder Law?

Elder law is a catchall term that refers to some of the common legal issues faced by an aging population. It encompasses many different areas, including estate planning, health care, guardianships, long-term care, asset protection, real estate and tax law.

Does Medicaid Provide For Long-Term Care?

No. Medicaid is designed to cover the medical expenses of the elderly who have little to no income. Medicaid may be used to help cover the costs associated with a nursing home or home health services. Long-term care refers to services involving daily activities, such as bathing, getting dressed and eating. These are not considered medical needs and are therefore not covered by Medicaid.

How Do I Afford Long-Term Care?

Long-term care services are expensive, and can quickly drain your savings and retirement accounts. The state of Pennsylvania estimated an average Pennsylvania nursing home cost of $9,792 per month in 2017. It is possible to plan for long-term care as part of a comprehensive estate plan. I can help you explore your options and provide you with the peace of mind that comes with knowing you have something in place should you ever have the need.

Do I Have To “Spend Down” Or Get Rid Of My Assets To Qualify For Medicaid?

There are strict assets eligibility requirements that must be met in order to qualify for Medicaid benefits. In some cases, the only way to meet these requirements is to essentially spend your worldly possessions especially if you are single. There are other less rules for a married couple. However, with proper planning you can have a system in place that will enable you to receive Medicaid benefits.

What Is A Power Of Attorney?

A power of attorney gives a trusted individual the right to make financial and/or health care decisions for you should you ever be unable to make those decisions yourself. A power of attorney can be as broad or as limited as you wish.

When Should I Begin Thinking About Elder Law Issues?

Frankly, it is never too early to begin thinking about your future, although most people don’t begin considering these issues until later in life, oftentimes not until it is too late to derive the most benefit from elder planning. I can help you consider your options and let you know the important things to bear in mind as you get older.

Will I Lose My Home?

If you reside in a nursing home, there are several circumstances that could prevent you from losing your home. Neither the state nor the nursing home can take the title to your home if your spouse still resides there. Even if you are on Medicaid, your spouse, if still living in the community, can keep a house to live in, a car, a portion of bank accounts, a monthly income and other assets; it is all protected.

For those on Medicaid without a spouse living at home, you may not be able to retain your home in the long term. In some cases, you may have to sell the home to provide funds for your care, as nursing homes do not want money going into the upkeep of your home rather than your care. I can assist in preparing for this possibility in advance to maximize the opportunities to keep your home while still receiving the care you need.

How Will My Spouse Pay For Everything If I Am In A Home?

If you are in a nursing home, your spouse is eligible to receive a monthly income allowance. They can keep a certain amount of funds in their name, as some of their assets and income are protected from seizure by the state or nursing home. It is all based on individual computation dependent on your financial situation, asset ownership and the range of allowance for the year.

Can I Receive Medicaid If I Want To Live In My House And Not A Nursing Home?

Yes. There are at-home options that you can select from. However, this cost cannot exceed the cost of living in a nursing home. I advise you to think critically about this option. While nearly everyone wants to remain in their home, it is often not safe. Staying at your own home sounds ideal but rarely do seniors consider the answers to who will help them out of bed every day, cook for them and assist in completing other basic daily activities.

Contact An Elder Law Lawyer With Your Questions

For answers to all of your elder law questions, speak with me in an initial consultation. Call 412-366-0510 or contact me online to set up a time to meet at my Pittsburgh office.