Know What You Are Entitled To
When it comes to nursing home costs, Medicaid, or Veteran's benefits, you need to ensure you know the facts in order to get the best support possible. Medicaid is a program between the state & federal government that provides health insurance & even nursing home coverage.
Elder Law
Elder Law planning can help elderly persons prepare for financial freedom by helping them with their financial planning & long-term care.
Protect Your Senior Rights
You have an advocate who cares for your well-being.
Planning for your future as a senior citizen can be overwhelming and intimidating. Don't worry, we're here for you! Let us help you make the important decisions to secure your finances for your future.
Making sure your finances, as well as your health, are taken care of is crucial for you and your family. Have you thought about when and where you will get health care? If a nursing home is a possibility, it is never too early to start planning.
Making the Process Simple
As you are preparing for retirement and leaving a legacy for your family, it is important to work with someone who knows which decisions you need to make to ensure a secure future.
Who This Service is For
Elder Law serves the needs of elderly and disabled persons along with support for their family members. Many caregivers may find Elder Law helpful to cover financial and legal issues and needs. Elder Law attorneys can advocate for you to handle these legal matters related to health care, long term care planning, guardianship, retirement, Social Security, Medicare/Medicaid, and more.
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How Can an Elder Law Attorney Help Me?
- Discuss the importance of wills and estate planning, including planning for a minor or adult with special needs, probate proceedings, and other matters.
- Create a durable power of attorney.
- Provide help with health care and planning, including long term care options, patient rights, Medicare, and health care power of attorney.
- Financial representation: financial planning (including durable financial power of attorney), housing opportunities and planning, income, estate, and gift tax matters.
- Guardianship: help with the selection and appointment of a legal guardian.
- Help locate long term care facilities and manage assisted living cost.
- Explain nursing home resident rights and help file nursing home claims.
- Draft a living will or other advance directives, including a durable power of attorney and long term planning documents.
Among the questions you could ask an Elder Law Attorney are the following:
- How long have you been practicing this form of law?
- Where did you get your education, and do you engage in continuing education? (Ask for details as to how the attorney keeps up-to-date.)
- Are you licensed to practice Elder Law in this state? (Don’t take anything for granted.)
- Here is a list of the required services: can you fulfill them? (Ask for a detailed description of what will be involved in fulfilling them.)
- Do you have court-related (litigation) experience? (May never be necessary, but good to know.)
- What organizations do you belong to? (There are a number that are Elder Law-specific.)
- What type of fee schedule do you offer? (A flat fee, versus an hourly rate, might save you money.)
- When money is an issue: Do you have a sliding scale or do pro bono work?
Medicaid Planning
Learn more about what is required from the state of Utah if you are applying for Medicaid long-term care services.
Plan For Your Future
Helping you get the right health coverage or long-term care.
The high cost of long-term care is a very important issue for most middle to upper class seniors and their loved ones. Advanced Medicaid planning can be a great benefit to most elderly adults. The vast majority of people over the age of 65 will need some type of long-term care at some point in their lives. Unfortunately, many of them are unprepared for the financial hardship it will cause. With the median cost of a nursing home in Utah at nearly $7,000 per month, financial devastation is not far behind for most families.
Medicaid pays for about 50% of the Nursing Home costs of Americans.
We care about your long-term health and are here to assist you with all of your elder law and estate planning concerns.
Let's work together to see how you could qualify for Medicaid. Your chances may increase depending on your income, family size, or other circumstances. We're excited to find the best plan for you!
Medicaid Benefits
Medicaid offers a variety of financial and healthcare benefits, giving you the opportunity to relax.
Who Medicaid Planning is For
As we continue live longer and long-term care costs continue to increase, the challenge becomes how do we pay for these services. Many people can not afford to pay $7,000 per month for a nursing home or in home care, and for those who can the question is for how long will be able sustain the costs. Thankfully, the various Medicaid programs offered in Utah are there to help with the cost of long-term care.
Medicaid has been commonly referred to as the long-term care insurance of the middle class. Medicaid planning is not for everyone. However, it is right for you if you want to:
- Protect the financial security of the healthy spouse who may outlive the ill spouse by many years or even decades.
- Provide partial assistance for in home or assisted living care, permitting you to stretch your savings further.
- Save/protect the family home or business.
- Place assets in trust for disabled a family member(s) to enhance their quality of live.
- Pass assets on to those of your choosing.
- Save money, personal items and other assets for your loved ones, such as children or grandchildren to assist them in these progressively unstable times.
When obtaining Medicaid eligibility, it is important to also protect assets in order to meet basic needs. We can help you focus on protecting your assets to benefit you and protect your loved ones' inheritance while also receiving benefits from Medicaid.
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The rules for Medicaid eligibility change frequently and remain very complex. They differ from state to state, as well as by program. Your application will be time consuming and the review process is always lengthy. Being denied by Medicaid is a severe consequence after investing so much time and mental effort. The stress can negatively impact the health and well-being, which is the reason you are approaching the process in the first place.
Let us help alleviate the stress involved with Medicaid eligibility by helping you with a Medicaid plan. We can help you structure your financial resources, prepare documentation, and ensure the best possibility of being accepted into the Medicaid program. ur law firm has the experience and knowledge to help you avoid the financial ruin associated with the high cost of long-term care.
With your Medicaid planning attorney, we will:
- Create trusts
- Manage asset transfers
- Convert countable assets into exempt assets (this will ensure eligibility while also preserving family resources)
- Protect a family home from Medicaid recovery
- Manage finances to ensure healthy spouses have adequate income for independent living
It is estimated that between 60% and 75% of Medicaid applicants, engage in some form of Medicaid planning prior to submitting their application. It's the wisest way to gain eligibility.
VA Benefits Planning
If you meet financial & medical criteria, as a Veteran or Veteran's spouse you could be entitled to a monthly cash benefit.
We Care For Our Veterans
Let's get you eligible for Veterans Pension or Aid and Attendance Benefits.
You may be eligible for VA Benefits depending on active military service, discharge circumstances, and length of military service.
We are your advocates and want you to have the best opportunities available to you. Our attorneys will help you as much as we can to be eligible for benefits and will guide you through the process.
Some Tips to Qualify
Not sure if you would qualify for Veteran Benefits? Here are some specifications of eligibility.
Who This Service is For
Veterans Pension Planning (Aid & Attendance) provides a monthly cash benefit to wartime veterans or the surviving spouse of a wartime veteran who meets the financial and medical criteria. Let us help you find out what benefits are available to you.
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The Department of Veterans Affairs offers aging veterans who served our country during a period of war a pension to help with the costs of care. And, unlike Medicaid, the VA does not require that the veterans who claim this benefit spend all of their savings beyond becoming eligible.
This cash benefit can be particularly beneficial when it comes to paying for assisted living or other long term care costs. The pension could be worth up to $2000 per month for a veteran or up to $1100 per month for a single surviving spouse. The Pension is one of the few VA benefits that is also available to the surviving spouses of wartime veterans, making the pool of potential eligibility beneficiaries particularly large. Yet, surprisingly, many are not aware of their VA pension benefit or how to access it.
We provide veterans or their surviving spouses with assistance and understanding about their entitled benefits. From planning and preparation of the application materials to representation and appeal if necessary, we will help you every step of the way to help you receive more compensation in less time with fewer hassles.
VA disability and pension claims are complicated. But outside of this, we can also help you with:
- Help you organize paperwork and evidence to file a claim sooner and receive more compensation.
- Filing on your own sometimes takes 8-10 months, and will errors or issues it can be even longer. We can prevent all obstacles to ensure the process be taken care of as smoothly and quickly as possible. We could have your claim rapping up within six months.
- Getting the process through quicker also closes the window of opportunity for further changes to develop to over-complicate and lengthen the process.
- We will ensure you receive the maximum benefits for your situation
- Facilitate the process to obtain supporting evidence and records for your claim by spotting potential conflicting information and circumventing them.
Life Care Planning
The goal of life care planning is to meet the challenges caused by illness or disability and provide a high-quality of life of elders.
Get the Best Long-Term Care
Minimize the costs of quality life care for you or a loved one.
Whether you need life care for an injury, disability, or advanced age, we are your advocates. Our experiences planners know the ins and outs of long-term care and what to look for.
Let our attorneys help you find the best options for quality care, affordable pricing, and worry-free assistance.
Who Qualifies For Life Care?
Life care is a big commitment for you and your family. Let our professionals help you find the right plan that will benefit your life and give you the smoothest services available.
Who This Service is For
Life Care Planning helps promote and maintain good health, safety, well-being, and quality of life of elders and their families. Knowledgeable guidance from our attorneys can help you make the right choices to see a wider variety of options for your care.
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Your life care plan involves two major decisions:
- Selecting someone you trust to make your health care decisions if you are incapable.
- Giving specific instructions about your care in the event of a sudden injury or illness.
These are very important decisions, so it is best to make them after carefully considering your values, beliefs and experiences.
We will get to know your individual situation to personalize your plan the way you need it. We will review medical records and supporting documents such as depositions, day in the life videos, school records, employment records, and tax returns, and consult with treatment providers and/or attorneys to research costs and sources for treatment.
Topics considered in a life care plan include:
- Evaluations
- Therapies
- Diagnostic testing
- Medical and adaptive equipment
- Aids for independent functioning
- Prescription and nonprescription medications
- Home care/facility care
- Routine medical care
- Transportation
- Architectural modifications
- Potential complications
- Surgical intervention
- Vocational services.
Asset Protection Planning
Keep your money and property safe from creditors or others who may try to take advantage of you via the legal system.
Don't Lose What You've Earned
Keep your property safe from outside creditors.
Our experts have been in the industry long enough to know that there are risks involved with owning property and assets.
We are here to protect you from potential damage from divorce, creditors, judgments, and lawsuits.
Work With Someone You Can Trust
We are not in it for the money, we sincerely care about the future of you and your family. We respect everything that you have worked for throughout your life and we are here to protect that.
Who This Service is For
Do you have substantial assets? People may suddenly come into wealth through inheritance, a lawsuit, stock options sale, business sale, or sports/entertainment contracts. Consider taking steps to protect your wealth against lawsuits from others.
Weigh the two main factors: the value your assets and your risk. The value of the assets consist of what they are worth minus what you owe. Consider how much your asset is protected by a 401(k) retirement plan or homestead exemption on your primary residence. Consider asset protection planning to lessen the risk on your assets.
Planning asset protection isn’t important just for millionaires, it’s important for anyone that has worked hard to have what they have accumulated.
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Some steps to take to protect your assets will include making sure your personal umbrella liability coverage is for an amount at least equal to your new net-worth.
Consider whether to keep your assets separate or joint. If you don’t want your spouse to have ownership of your windfall, talk to an attorney and keep the assets in a separate account. Any money you deposit into a joint account with your children, elderly parents, roommate, or business partner is at risk. If the joint owner files for divorce, incurs a tax lien, or lawsuit judgment, the entire account could be wiped out.
Asset Protection Trusts are a powerful tool to protect money from lawsuits. Local courts do not have jurisdiction over foreign trustees, so most of these Trusts are handled offshore. The offshore trust is one of the few asset protection strategies that work after a lawsuit is filed.
Sudden wealth can be life-changing to improve your life and the lives of those around you, but only if you keep it. Those with more assets are bigger targets for lawsuits. Don’t let your sudden wealth suddenly get stripped from you. Protect your assets and sleep easier knowing you are better protected.
Elder Abuse
Elder abuse includes physical, emotional, and even financial abuse. Learn to identify the signs and take action.
Stepping in to Help
Protecting from nursing home or caregiving mistreatment.
If your loved one is showing symptoms of abuse, such as lack of sleep, unexplained injuries, trauma, withdrawal, or messiness, it may be time to investigate what the problem may be.
As your advocates, we care about the well-being of our elders and will stand with you against elder abuse.
Protecting From All Abuse
We serve and help elders who are going through any kind of abuse from caregivers or nursing home professionals. Here are some common forms of abuse we are here to stop:
Who This Service is For
Abuse can happen to anyone—no matter the person's age, sex, race, religion, or ethnic or cultural background. Each year, hundreds of thousands of adults over the age of 60 are abused, neglected, or financially exploited. This is called elder abuse.
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Elder abuse includes physical, emotional, or sexual harm inflicted upon an older adult, their financial exploitation, or neglect of their welfare by people directly responsible for their care. In the U.S. alone, more than half a million reports of elder abuse reach authorities every year, and millions more cases go unreported.
As older adults become increasingly frail and less able to take care of themselves, they are less able to stand up to bullying, and may not fight back if attacked. Mental or physical ailments can make them more trying companions for those who live with them. They may not see or hear as well or think as clearly as they used to, leaving openings for unscrupulous people to take advantage of them.
Elder abuse will not stop on its own. Someone else needs to step in and help. Many older people are too ashamed to report mistreatment, or are afraid if they make a report it will get back to the abuser and make the situation worse.
Here are some signs of abuse or neglect when you visit an older person at home or in an elder care facility.
- Has trouble sleeping
- Seems depressed or confused
- Loses weight for no reason
- Displays signs of trauma, like rocking back and forth
- Acts agitated or violent
- Becomes withdrawn
- Stops taking part in activities he or she enjoys
- Has unexplained bruises, burns, or scars
- Looks messy, with unwashed hair or dirty clothes
- Develops bed sores or other preventable conditions
If you think someone you know is being abused—physically, emotionally, or financially—talk with him or her when the two of you are alone. You could say you think something is wrong and are worried.
Protecting Assets from Nursing Homes
Nursing home care can often require you to apply for Medicaid, which has a strict income & asset limit. Learn how to protect your assets while still qualifying for long-term care.
Wills, Trusts, & Powers of Attorney
These important documents and powers can allow you to create legal documents that allow your loved ones to make decisions on your behalf.
Put Your Assets in Good Hands
Documentation to protect your property and assets.
Rest assured that someone you trust will take care of your important decisions if you're not able to. As you get older, be prepared to protect your property and assets in any circumstance.
By filling out the appropriate documents, you can give someone you trust permission to take care of your affairs if you are ever not able to.
Assign the Smart Decisions
Appoint someone you trust to take care of your affairs in case you are not able to.
Who This Service is For
Creating a will, trust, or power of attorney is a smart choice for anyone, no matter what stage of life you may be in or how large your assets are at the moment. Everything you hold dear, even your very way of life, will be safeguarded by these legal documents. They will not only provide protection in case of your death, but in case you are living but unable to make your wishes clear. Protect yourself by putting a plan in place now that will clarify your wishes later.
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Wills
A Will is a legal document controlling what happens to a person’s property or dependents at death. Each state has formal requirements for a Will. These documents help you consider and clarify the following decisions:
- Who receives your property, and, if they are minors, at what age.
- Who should be named as guardians of minor children, and their duties include.
- Considering the inclusion of a trust for your spouse, children or others.
- Naming an executor.
- Saving taxes
Your will should be reviewed carefully to account for any change in circumstances or assets, including the death or change in beneficiaries of your estate.
While trusts serve a purpose in some circumstances, for most people with relatively modest estates, wills are quite adequate. They are generally less complicated and less expensive than a trust.
Trusts
Both a will and a living trust contain your inheritance instructions: who gets what, when they get it, and how. Because a trust is not filed in court, its provisions are private, unlike a Will, which must be filed in court at death.
A revocable living trust is called a living trust because it's established while you're alive, revocable because, as long as you're mentally competent, you can change or dissolve the trust at any time at your own discretion for any reason. Typically, a living trust becomes irrevocable when you die.
A trust involves three parties: you as the creator, the trustee or trustees who agree to manage your assets as directed by the terms of the trust, and the beneficiaries.
If you want or need to have someone else manage your property and pay your bills in case of illness, the living trust is by far the best arrangement. One alternative is a probate court guardianship proceeding, which is public, costly and inconvenient. Another alternative is the power of attorney for property.
Power of Attorney
The person named as “attorney-in-fact” (doesn't have to be a lawyer) has power to act as your agent for whatever purposes are specified in the document that appoints them.
Some powers of attorney are limited in scope (signed deputy cards authorizing someone to write checks on your bank account or access to your safe deposit box). A general power of attorney, broadens power to manage your property and pay your bills. The agent could make gifts on your behalf, transfer your property to a living trust, or consent to medical or surgical procedures on your behalf, if these powers are specified.
Any person over the age of 18 may need a Power of Attorney. (Military personnel deploying overseas may need someone to act on their behalf should they become incapacitated.) Incapacity isn't the only reason you might need one, though. (Someone who travels a lot might set one up.) Most common time is retirement, elderly, or in a health crisis. However, it would be better to be prepared before the crisis.