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Estate Plan & Long Term Care Assistance

Case Conclusion Date: 01.12.2009

Practice Area: Elder law

Outcome: Helped client preserve funds & receive care.

Description: (For illustrative purposes only. Each legal situation is different and you should contact an attorney before proceeding with any legal matters.) Client first came to me a few years ago to draw up a Will, Power of Attorney & Health Care Proxy. She has no family, and appointed her friends to act on her behalf. A couple of years later, my client fell and was in the hospital. Her friend called me because she couldn't find her copy of the health care proxy and the hospital needed it. I met my client and her friend at the hospital to make sure they had the health care proxy, and to find out if client would be able to return home. Client ended up in a nursing facility after a stay at rehab and a short trial at home. I assisted client with locating an appropriate facility, Client had significant assets and owned a home. She used some of her funds to pay privately for her care, to prepay a funeral, and to make some necessary repairs to her house so she could sell it, since she did not plan to return home. I assisted client with the sale of her house, and with setting up a trust which would preserve her funds for her use while not jeopardizing her eligibility for Medicaid once her other funds ran out. After the client's funds were expended on her care (except for the funds in the trust), I assisted client with her Medicaid Application. She was deemed eligible for Medicaid, and is able to use the funds in her trust to pay for additional caregivers, telephone and cable at the nursing home, medical expenses that are not covered by Medicaid and other related items.

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