Americans are living longer than ever before. Planning for the changes that come with growing older is what elder law is all about. This rapidly growing area of the law incorporates a number of legal disciplines, including estate planning, Medicaid planning, asset protection, and more. At The Matthews Law Group, P.L.L.C., we strive to help seniors maintain their independence for as long as they can, protect their hard-earned assets from being wiped out by nursing home costs, and provide legal counsel and compassionate guidance in a Medicaid crisis situation.

Medicaid Planning

Did you know that approximately half of all women and a quarter of all men will spend time in a nursing home over the course of their lives? With costs averaging anywhere between $5,000 and $8,000 a month depending on where you live in Virginia, and the fact that Medicare will not pay for a prolonged stay in a nursing home, it is little wonder that two out of three families lose all their life savings after a year-long nursing home stay.

Fortunately, our Virginia Medicaid attorneys can help you qualify for and obtain assistance from Medicaid, Veterans benefits and other sources. We can use a number of legal tools and strategies to protect many, perhaps even all, of your assets.

Medicaid Pre-Planning

If you are healthy now but are concerned about the possibility of incapacity in the future, you should consider Medicaid pre-planning (also known as non-crisis Medicaid planning). We can create and implement a comprehensive plan that can protect your assets and control your financial and personal affairs in the event of incapacity or the necessity of long-term care. Such a plan not only preserves assets, it can also help ensure you receive quality care, and ultimately, the peace of mind that comes from knowing you have a plan in place for the future.

A Medicaid Crisis

A Medicaid crisis is a situation wherein an individual will need to enter a nursing home very soon, or has already been admitted to one, and has been informed that they have too many assets to obtain Medicaid assistance in paying for it. It is extremely important for you to understand that the information you receive about Medicaid eligibility from well-meaning nursing home intake staff, medical professionals, social workers, and friends is quite often incorrect. The laws governing Medicaid assistance are complicated and ever-changing. We understand these laws and have the experience to help you obtain all the assistance to which you are entitled.

Veterans Aid and Attendance Program.

This is a pension program available to eligible veterans or their widowed spouses.  It pays up to $1,949 for the veteran and more than $1,056 to the spouse to assist with long-term care costs and other medical expenses. The Aid and Attendance benefit can be used to pay anyone for home care, including the child of the eligible veteran or widowed spouse. In addition, it can be used to pay for professional care in the home, nursing home care, assisted living, prescription drugs, insurance premiums and more.

There are no specific asset or income limits set by the Veterans Administration for eligibility, although net worth and income are taken into consideration. Eligibility requirements include:

• The veteran must have served 90 days or more of active duty, with at least one day having been served during wartime
• The veteran must have received a discharge other than dishonorable
• The veteran or the veteran’s spouse must have health care needs or medical expenses
• Applicants are required to pass an income and asset test before receiving benefits

In short, if you are an eligible veteran or widow of a veteran, the Aid and Attendance Program can help pay for care in your home, an assisted living facility or nursing home.

Please contact us as soon as possible if you or someone you love is facing a Medicaid crisis. Even if you are already in a nursing home, we may still be able to help you protect the savings you have worked a lifetime to achieve.