ELDER LAW: ASSET PROTECTION PLANNING, MEDICAID & VETERAN’S BENEFITSAlthough Elder Law is an entity of its own, it can technically be considered as part of our estate planning services. We work with seniors and their adult children to analyze their long-term care needs and financial options. We work with our clients to develop a plan of how to transfer, gift, or organize any assets to ensure that there is enough money to pay for long-term care needs and protect assets for the next generation, if possible.
Much of our work includes assisting individuals and couples to apply for Medicaid (Title 19) when someone needs expensive long-term care. Medicaid in CT can pay for skilled nursing home care, which currently costs about $15,000/month in our area, and home care, which can cost up to $8000/month for full-time live-in care.
One common issue that arises in Medicaid planning is the look-back period, which means the transferor may be penalized from receiving Medicaid if he or she has made a gift during the five-year period before applying for Medicaid. We assist clients to analyze the risks and penalties and counsel them on their options.
Even if the look-back is not an issue, there are often spend-down requirements, which we assist clients with in order to spend their funds as wisely as possible. We also help clients retain assets for the spouse at home by use of Medicaid annuities and protect the family home for a child who has lived with the parents and cared for him or her for more than two years.
Our attorneys are also accredited with the PLAN of CT, which is the only entity authorized by the State of Connecticut to operate Pooled Trusts. These are often required if a client’s income exceeds the cap for Medicaid services.
Many of our clients are veterans who served during active wartime (WWII: 12/7-1941-12/31/1946, Korea: 6/27/1950-1/31/1955, Vietnam 2/28/1961-5/7/1975). The long-term health care needs of a veteran or a surviving spouse of a veteran may entitle that person to a stipend from the VA, known as Aid & Attendance. Attorney Wilson is accredited with the VA to apply for Aid & Attendance benefits.
Still not sure if an Elder Law Attorney Is right For You?
What Is Elder Law? Before we dive into the many reasons you need an Elder Law Attorney, let’s first touch base on what Elder Law is. Elder law refers to numerous legal issues specifically affecting elderly people. With age, many issues may surface, from declining health to financial burdens. Seniors face complex legal concerns that…
Can you gift $10,000 a year without a penalty? For tax purposes yes, with the Gift Tax Exclusion. With the holidays around the corner and the end of the year fast approaching, many of you may be thinking about making gifts to your children and grandchildren. If you want to avoid paying a gift…
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Attorney Joan Wilson Elected Vice President of National Academy of Elder Law Attorneys RWC, LLC, Attorneys and Counselors at Law is pleased to announce that Attorney Joan Wilson was elected Vice-President of the CT Chapter of the National Academy of Elder Law Attorneys (“NAELA”). Attorney Wilson has been a member of NAELA for 15 years…
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By Joan Reed Wilson, Esq. In our estate planning, probate and elder law practice here at RWC, LLC, Attorneys and Counselors at Law, we often see family squabbles that erupt because of unmet expectations. Many of these expectations involve emotionally-valuable personal property. And many of them erupt after the passing of a loved one. In…
By: Joan Reed Wilson, Esq. Welcome to this edition of FALSE FACTS FRIDAY. In my twenty years of practicing law, I have heard some very incorrect and inaccurate information, which many people believe to be true, sometimes to their detriment. With this periodic blog, I hope to spread the truth. FALSE FACT Vol. 1, Issue…
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The Veteran’s Aid and Attendance (A&A) Pension provides benefits for qualified veterans and their surviving spouses who require the regular attendance of another person to assist in eating, bathing, dressing and undressing or taking care of the needs of personal hygiene (known as Activities of Daily Living). This could include home care or care in…
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