Rather than concentrate expertise in a small segment of the law, Elder Law is comprised of many different practice areas. Multidisciplinary in its perspective, it requires the legal practitioner to have a working knowledge across several areas of the law.
There are certain characteristics common to every Elder Law practice. The first involves the emphasis that is placed on issues arising from a long life rather than death. In essence, Elder Law concentrates on the quality of life of the elder. Another characteristic is the integration of legal planning into the larger picture of personal needs planning. Finally, it bears repeating that Elder Law draws upon an interdisciplinary planning perspective.
Before Elder Law became recognized as a bona fide discipline, most encounters between seniors and lawyers essentially was to arrange their estates to carry out their goals after death. The main goals were to assure the intended postmortem distribution of assets, minimize taxes, and simplify or avoid Probate.
Why is Elder Law beneficial?
Although Elder Law is comprised of matters such as alternative decision making or estate planning, a primary role of an Elder Law attorney is to have a working knowledge of those rule and regulations that apply to Medicaid. For all practical purposes, in the United States the only “insurance” plan for long-term institutional (i.e., nursing home) care is Medicaid (“MassHealth in Massachusetts). Without properly planning for one’s long-term care costs, one can find oneself quickly impoverished.
Medicare only pays for approximately 7 percent of long-term nursing home care in the United States. Private insurance pays for even less. The result being that most people pay out of their own pockets for long-term care until they become eligible for Medicaid. We can help you form a comprehensive Medicaid plan that is tailored to meet your specific needs and circumstances; so that you do not unnecessarily “spend-down” the assets in your estate.
The MassHealth Benefit Request
The Medicaid application process is both cumbersome and tedious and is oftentimes complicated and potentially aggravating. MassHealth requires that an applicant submit 36 months (soon to be 60 months?) of financial statements. Every fact asserted in the application must be verified by documentation. The application process can drag on several months as the Division of Medical Assistance (the DMA) demands more and more verifications of amounts of assets, dates of transfers, and the like. We help you organize and analyze financial and personal documentation. When everything is complete, we will submit the application to the DMA, explaining every deposit and withdrawal over $1,000. Elder & Disability Advocate’s goal is to simplify things as much as possible and minimize your frustration whenever possible.
Elder & Disability Law Advocates a Worcester MA based law firm specializing in the issues affecting the elderly and people with disabilities. Wills and trusts, estate planning, durable powers of attorney, health care proxies, guardianships, conservatorships, estate administration, probate litigation, MassHealth benefits, medicaid advocacy, veterans benefits, litigation.
Serving clients throughout Worcester County and the Central Mass area, Middlesex County and the Boston Metrowest area, and all communities located therein.
