Miller Johnson’s elder law and disability planning lawyers counsel individuals and families concerning the legal and practical aspects of planning for long-term care, applications for Medicaid, and planning for family members with disabilities or special needs. Our elder law lawyers and paralegals use a team approach to provide you with cost-effective representation.

Medicaid Planning/ Elder Law
We meet with family members, analyze the financial situation of the person facing a nursing home admission or in a nursing home, explain options, and implement a course of action, including:

  • Preparing powers of attorney and patient advocate designations where appropriate
  • Discussing divestment or transfer of asset strategies
  • Counseling clients about asset sheltering strategies
  • Determining other alternatives to court intervention
  • Filing guardianships and conservatorships where necessary
  • Collecting financial information and verification for filing Medicaid Asset Declaration
  • Advising and assisting with “spend down”
  • Collecting financial information and verification for filing a Medicaid Application
  • Re-titling assets to at-home spouse
  • Reviewing and amending estate plan of at-home spouse
  • Assisting with annual review of assets
  • Providing referrals of families to community resources for seniors

Special Needs Trusts

  • Preparing trusts for family members with disabilities as part of a client’s overall estate plan so that government benefits can be maintained while providing funds to enhance quality of life
  • Working with persons with disabilities who receive insurance proceeds or money judgments to set up an amenities trust allowing them to continue to receive government benefits during their lifetimes
  • Advising family members about special concerns regarding chronic illness, care giver responsibilities, and economic security
  • Referring to appropriate community resources
  • Negotiating the minefield of government regulations
  • Advising Trustees of special needs trusts in making appropriate distributions which will not affect Social Security and Medicaid eligibility


  • Appeals from Medicaid denials
  • Advocating for quality nursing home care
  • Review of nursing home contracts
  • Protecting resident’s rights
  • Handling nursing home eviction cases
  • Reviewing long-term care insurance policies

As part of Miller Johnson’s Probate and Estate Planning Group, we also prepare wills, trusts, and living trusts; conduct estate tax shelter planning, and probate estates.