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

Advocacy

• 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.