My parent(s) can't stay at home any longer.
What are my next steps?

At Davidson Law Group, our elder law attorneys provide elder law crisis planning for families and individuals who are facing imminent long-term care costs and are concerned about the draining of their assets by Medicaid or the nursing home. We can explain how to protect your assets in your free consultation.

Avoiding a Spend-Down

For many years, it has been believed that the only way to keep Medicaid or the nursing home from draining all your assets is to spend them down until there is nothing left.  This is not true.  There are multiple options within our elder law crisis planning approach.  No one should have to choose between the achievements of a lifetime of hard work and their health.

Elder law crisis planning is simply creating a unique plan that protects as much of an estate as possible when an individual is facing imminent long-term care.  You can then use these assets to provide for a spouse who is not living in a nursing home, supplement the finances of the person living in a nursing home, and then pass the remainder as an inheritance to beneficiaries.  Our attorneys will work tirelessly to help create a plan that is right for you and your family using all the tools at their disposal including Miller Trusts and Lady Bird Deeds.  Don’t face this crisis alone; let Davidson Law Group start working on your or your loved one’s elder law crisis plan today.

Acting Quickly

For some people, the need for long-term care comes unexpectedly as the result of a stroke, Alzheimer’s, or another life-changing event.  When this type of event sneaks up on you or a loved one, assets can be drained very quickly by the oppressively high cost of long-term care, but there is hope to start protecting assets and pass them to the next generation.  If you find yourself or a family member in this position, proactive elder law planning won't suffice because there is no time to wait the five years that is necessary.  Davidson Law Group's elder law crisis planning strategy, however, can help stop the financial bleeding and start protecting hard-earned assets immediately.

Beware of Gifting

Many people assume that they can protect their assets and provide for their beneficiaries by gifting away all of their estate to loved ones, but these well-intentioned acts often only complicate the situation and make things worse.  Gifting your estate might restrict the level of care that you or your loved one can receive, and it does not keep your assets safe from the nursing home, Medicaid, or other creditors.  Understanding and navigating elder law takes experience, so please contact an attorney before gifting away any of your assets.

Proper Durable Power of Attorney

In order to properly effectuate an elder law crisis plan, you need to make sure that your Financial Durable Power of Attorney is correctly worded so that your agent has the authority to hire an attorney to create a crisis plan on behalf of the individual entering the nursing home if he/she is disabled.  If there is not a proper Financial Power of Attorney in place, then it would be up to the Probate Court to appoint a Guardian for the disabled individual before anyone could act on his or her behalf to begin a crisis plan.  Dealing with the Probate Court can be expensive and time-consuming, so we want our clients to avoid it at all costs.  If you do not have a proper Durable Power of Attorney in place, the elder law attorneys at Davidson Law Group can help.

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