Where Can I Find a Nursing Home Lawyer in St. Joseph Mo?
Where Can I Find a Nursing Home Lawyer in St. Joseph Mo?
G Brent Powers Law Office
3715 Beck Rd D-401, St Joseph, MO 64506
Q5QW+6R St Joseph, Missouri
We’re here to assist you and your family in making informed decisions on Elder Law issues like estate planning, nursing home Medicaid planning, and asset protection. Every person is on a unique journey towards their “golden” years. Unfortunately, the process has become more complicated with each passing year. Our firm is proud to offer our clients customized planning and unique solutions. Contact us today if you have questions concerning your home, farm and real estate deeds.
Elder Law is a specialty that helps seniors and provides guidance. As we age, we are faced with many new issues, including housing, retirement, wealth transfer, and long-term nursing. Elder Law includes these and many other areas that concern the elderly.
Many elderly citizens fear they might lose their home, savings and everything that they have worked so hard to earn. They don’t want the burden of being a burden on their families or society.
Brent’s thoughtful and professional advice has given peace of mind for thousands of families in Saint Joseph, Northwest Missouri. He has more than 30 years’ experience working with clients to design estate plans and real estate transfers.
Brent is available to help you understand Elder Law and create a plan for your future.
Nursing Home Medicaid Planning It is never too early to plan for Medicaid or long term care. Many people don’t know how Medicaid works and haven’t planned for long-term care. Many families do not know who is eligible and how planning for nursing home Medicaid can help their spouse or loved ones. It is important that you choose a Nursing Home Attorney who has the experience and is dedicated helping families.
Through effective nursing home Medicaid planning Brent has helped many families in our community save hundreds of thousands of dollars. As a Nursing Home Lawyer, Brent would advise a few key things to remember when it comes to Medicaid – Brent, a nursing home lawyer, would recommend a few key points to remember about Medicaid. While most of the information you hear about nursing home Medicaid is accurate, it’s almost always incorrect.
It is almost never too late or too early to plan.
Your loved ones can still receive Medicaid benefits even after they move into a nursing home.
It is important to understand the legal strategies and protections for spouses and families of residents in nursing homes. People fear losing their home or life savings if their spouse/loved one moves into a nursing facility. This is almost impossible to prevent in most cases.
Many financial protections are available to elderly couples and individuals without jeopardizing Nursing Home Medicaid eligibility.
Division of Assets
The 1988 “Spousal Impoverishment act” was passed by Congress. It was intended to prevent married people from having to give up all their assets in order to qualify for Medicaid nursing home Medicaid. As a result, the “Community Spouse”, the spouse who remains at home, is allowed to keep a portion of their resources and the spouse who needs Medicaid (the “Institutionalized Spouse”) can get benefits.
Congress set limits on the assets that the Community Spouse may retain if the Institutionalized Spouse becomes eligible for benefits. These limits are often referred as the Community Spouse Resource Allowance or CSRA. The Missouri Community Spouse can retain $25,728 to $128,640.00 for 2020. This amount will be adjusted each year for inflation or the cost to live. The Division of Assets is the process Missouri Medicaid uses to determine the amount that the Community Spouse can keep within the range.
The Division of Assets is calculated the first day a Medicaid applicant is admitted into a hospital/nursing home for at least 30 consecutive days. The couple’s countable assets are divided into 2 with each spouse receiving their one-half. It doesn’t really matter who the asset belongs to, as the assets of both spouses are combined in determining the Division. This means that the assets of the spouse with significantly more assets will be reduced. It is crucial to consult an Elder Law lawyer to help you navigate this process. This will ensure that everyone’s rights are protected. According to the Wall Street Journal, 86% are living below the poverty level due to having to pay for their spouse’s care costs.
As an example, suppose John and Mary are married and have $300,000 in assets. John is demented and needs nursing home care. The Medicaid caseworker will assign the $300,000. in financial assets to Mary and attribute $128.640 to Mary as her CSRA. John is credited $171,360. John must be under $5,000 in order to qualify for Medicaid. John will tell his family to spend $166.360 of John’s assets. John and Mary will be told that John must spend 55% their lives’ savings before John can apply for Medicaid. It is easy to see why 86% of spouses who survive are living below poverty line due to their spouse’s medical costs.
John and Mary don’t have any need to spend their entire life savings if they are able to plan well and get the advice of an experienced Medicaid Asset Protection attorney, such as G. Brent Powers. To avoid an expensive and regrettable situation, it is important to prepare the right legal documents and strategies.
But what if the planning was not perfected in time? All hope is lost Is it all over? Mary could retain almost all of her financial assets by using a “Marital Medicaid Compliant Anuity”. Even if John is in a nursing facility, Mary can still use the Annuity. G Brent Powers has the knowledge and expertise required to ensure Mary’s financial security.
Brent makes every effort to meet with clients personally before he applies or appears in court.
Real Estate / Deeds
As they age, people begin to consider how to best transfer their farmland, home, or other property to their loved ones. Others may require help selling real estate, even without the assistance of an agent or broker.
To determine the best course of action, each family’s circumstances must be assessed. Is there a benefit to gifting property to children now? What happens if your spouse requires long-term or nursing home care? A living trust is the best choice? What tax consequences will you face if your property is transferred? Can the property owner finance its sale?
Brent has helped hundreds upon hundreds of families, over the years, make the right choice when it comes time to transfer a home or farm.
Proper estate planning involves maintaining control of your assets and continuing to care for your loved ones. It also means that you can distribute your property after your death to the people you choose, whenever you wish, and at the lowest cost.
Planning must take into account your unique needs, wishes and assets. Only then can we decide what documents and strategies to use to ensure your planning works as you expect.
Brent can assist you in setting up an appropriate estate plan.
Administration of trusts
Brent is available to help you determine the best way for your affairs to be managed. This will prevent future problems, unnecessary expenses, and skill gaps.
Since 1980, Brent Powers has been practicing law in Saint Joseph and Northwest Missouri.
His career started as a trial-lawyer. But, due to the needs of his parents and many referrals, he transitioned into Elder Law, Medicaid nursing facility planning and Division of Assets.
He was president of Saint Joseph Bar Association.
Brent is a native Missourian and grew-up in Saint Joseph.
He graduated from Central High School and received his undergraduate degree at the University of Missouri-Columbia. He then earned his law degree in Missouri – Kansas City.
He is an active member of the National Academy of Elder Law Attorneys
These national organizations provide education and training as well as a network of experts for member attorneys in order to assist seniors and people with special disabilities.