Medicaid Planning

Elderly persons are the fastest growing age demographic in the United States. Elder law serves the needs of seniors and persons with disabilities who experience growing health and family concerns as a result of aging or becoming disabled. The elder law attorney must have a particular focus on these needs and concerns in asset protection planning, estate planning and administration, and special needs trust planning for the elderly and disabled. These issues are not typically solved in wills, trusts, and probate planning by traditional estate planning attorneys. Proper advanced directives and other end-of-life decision making documents are critical to the elderly and disabled. Additionally, the costs of nursing home care for seniors and persons with disabilities can be staggering. The elder law attorney can present solutions for asset protection, Medicaid planning, disability planning, spend down of resources, preservation of income, and protection of family values.

Applying for Medicaid

We can be of assistance to you in applying for Medicaid. You can call our office and make an appointment to come in to see us. 260-739-1758.

MEDICAID - FREQUENTLY ASKED QUESTIONS:

Are your Medicaid-Related asset protection strategies really "legal and ethical?"

The asset protection strategies that we use are never hidden from the Medicaid caseworker. In fact, every transaction must be detailed on the Medicaid application. We highlight the areas where we have used a legally sanctioned protection that has benefitted the client, we cite the legal rule or court case that justifies this protection. It is common that our strategies are rejected at the caseworker level because the caseworkers are not authorized to approve sophisticated legal benefits. Nonetheless, we consistently prevail at the fair hearing and appellate procedures. We are committed to using only strictly legal and ethical protections of the law which are communicated to our clients and to the government officials in a transparent manner.

If you can really do this, how come I have never heard about this before?

It is our experience that even most lawyers do not know Medicaid Law. So it is not surprising that the public-and even well-intentioned and well-educated individuals within the senior services network-are unfamiliar with the concept that there are legal and ethical protections available.

But my caseworker / nursing home intake person / friend / beautician / other advisor has told me rules that are much different than what you are saying. How can you be so sure that you're right?

We will carefully look over your circumstances, and we use all of our knowledge of the current Medicaid laws to protect and preserve as much of your assets as possible. We receive daily updates from others in the Elder Law Practice. We stay abreast of all of the current rules and regulations regarding the protection and preservation of assets, and also stay abreast of all of the changes in Medicaid laws in the State of Indiana. We will do all we can within the parameters of your circumstances to use all of the legal and ethical protections available.

How do you calculate your fees?

It is important to understand that our clients really want peace of mind. To help them, we have developed package pricing for our services. We do not bill by the hour. We do not bill for phone calls, faxes, filing fees, and other miscellaneous charges. We will quote you a fee based upon our formula, which takes into account the complexity of your case and the value that we are able to provide to you in asset protection. Our fee is payable at the beginning of our relationship and will cover all expenses of our representation. If you have a very simple case and we are unable to provide you with a substantial benefit, our fee is very low. However, in the event that we are able to provide you with substantial benefits, we will undertake a more sophisticated asset protection strategy and our fee will reflect that greater value being provided.

From our first phone call, how long will it take you to tell us if you are able to help us?

This really is one of my favorite questions. We can give you an answer within 24 hours as to whether it's worth your while to make an appointment to see us. Most lawyers have an intake process that assumes that a client can wait two weeks or more and fill out a 23-page questionnaire before the attorneys can begin to determine if they can be of assistance to the client. We have designed our systems with you in mind, so that we can give you a rapid response-because we know that you may be experiencing anxiety, stress, fear, guilt and uncertainty.

Is the initial telephone call and first appointment free?

If you come to our office, the initial one-half hour appointment is free. We are available to travel to you and in that situation, we do ask for an initial appointment fee of $250.00

Prior to applying for Medicaid there are numerous steps that should be taken to ensure that you have protected the asset and ownership rights of your spouse, and that all steps have been taken to ensure the successful transition into Medicaid status. If you would like to have our Medicaid Planning Guide sent to you or If you would like to set up an appointment to speak to us about this issue, please contact us. Give us your name and address if you would like to receive the guide, or your name and telephone number and let us know when would be a good time to call you. Feel free to call us at 260-739-1758 and discuss any questions and concerns you may have.