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G Brent Powers Law Office
3715 Beck Rd D-401, St Joseph, MO 64506
Q5QW+6R St Joseph, Missouri
18162330257
https://gbrentpowerslaw.com/
Long Term Care Attorney In St. Joseph Mo
Long Term Care Attorney In St. Joseph Mo
We want to help you and your loved ones make informed decisions about Elder Law issues, such as estate planning and nursing home Medicaid planning. Our individual paths to our "golden year" are different. Unfortunately, it has become more difficult over the years. Our firm prides itself in providing customized solutions for our clients. We are available to answer any questions you may have about your home, farm or real estate deeds. Click here for My Response Long Term Care Attorney In St. Joseph Mo
Elder Law
Elder Law is a specialty that helps seniors and provides guidance. As we get older, there are many more issues that we face than we did when we were younger. These include long-term care, housing, retirement and wealth transfers. Elder Law covers all of these issues and more.
Many seniors fear that they may lose their home, savings, or everything they have worked for all their lives if they need nursing home or long-term care. They don't wish to become a burden for their family or society.
Brent's thoughtful and professional advice has given peace of mind for thousands of families in Saint Joseph, Northwest Missouri. His experience includes over 30 years working with seniors to create estate plans, estate transfers, powers of attorney, trusts, and other legal requirements.
Brent will be happy to discuss Elder Law with you and help you develop a plan.
Nursing Home Medicaid Planning It's never too early for you to start planning for Medicaid, long-term or even short-term care. Many people are not planning for long-term health care and are frequently misinformed on how Medicaid works. 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.
Brent has helped many families save thousands of dollar through effective nursing home Medicaid planning. Brent is a licensed nursing home lawyer and would like to share some key points 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 much too soon to plan.
You can still get Medicaid assistance for your loved one even if they move to a nursing home.
It is important to understand the legal strategies and protections for spouses and families of residents in nursing homes. People are often afraid that they might lose their home or their life savings if their spouse or a loved one must move into a nursing care facility. In most cases, we can guarantee that this will not happen.
Numerous financial safety nets are available for both couples and seniors without jeopardizing Nursing Home Medicaid eligibility.
Division of Assets
A 1988 law, commonly known as the "Spousal Impoverishment Law", was passed by Congress. This law, which is often referred to as the "Spousal Impoverishment Bill", was meant to prevent married couples having to lose all of their assets before one of them could qualify for 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 established limits on how many assets the Community Spouse can retain if an Institutionalized Spouse is to be eligible to benefits. These limits are often referred to as Community Spouse Resource Allowances (CSRA). Missouri law allows the Community Spouse to keep at least $25728 for 2020, up to a maximum $128 640.00. This amount is adjusted for inflation each year and changes in the cost of living. 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 begins on the day that the Medicaid applicant is admitted to a hospital or nursing home for at most 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 a spouse with significant assets will have their assets reduced. This is why it is important to work with an Elder Law attorney to ensure everyone's best interests 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.
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Let's say John and Mary have $300,000. John has dementia and needs nursing home care. The Medicaid caseworker assigns the $300,000 worth of financial assets to Mary, who will then CSRA $128,640 and John $171,360. John must have less that $5,000 to be eligible for Medicaid. The family will be asked to spend $166,360 on assets that John has been attributed. John and Mary will now be told to spend $55,360 of their savings each year before John is eligible 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 will not have to spend down any of their life savings if they plan properly and promptly with the help of G. Brent Powers, a qualified Medicaid Asset Protection lawyer. Avoid costly, unplanned spenddowns by using the right legal strategies and documents.
But what if planning wasn't done in advance? Can all hope be lost? The good news is that the answer to this question is "no". 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 all the experience and expertise necessary to ensure Mary is not left behind.
Brent is always available to meet with clients before they apply or appear 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 need assistance with selling property without the aid of a broker.
Each family's situation should be evaluated in order to determine the best course. Are there any benefits to gifting property now to your children? What happens if you need long-term care or nursing facility care? Is a living estate the best option? What tax consequences will you face if your property is transferred? Are you allowed to finance the purchase of your property by an owner?
Brent has assisted hundreds of families over the years to make the right decision when they are transferring a house, farm, or other property.
Estate Planning
Proper estate planning is about maintaining control over your assets while you live, continuing to provide care for your loved ones even if you are incapacitated or disable, and distributing your property after you die to who you want, when and how you want it, at the lowest possible cost.
Proper planning requires that we consider the unique needs of your family and their assets. Only then, can we decide which documents and strategies are needed to make your planning work.
Brent can assist you in setting up an appropriate estate plan.
Administration of trusts
Brent will help you to determine the best method to manage your affairs.
Brent Powers has been a practicing lawyer in Saint Joseph, Missouri and Northwest Missouri since 1980.
His career began as a trial attorney. However, due to his parents' needs and the many referrals, he moved to Elder Law, Medicaid nursing homes planning and Division of Assets.
He was president of Saint Joseph Bar Association.
Brent is a native Missourian who grew up in Saint Joseph.
He is a Central High School graduate, earned his undergraduate degree from Missouri – Columbia and then received his law degree from Missouri – Kansas City.
He is a National Academy of Elder Law Attorneys member and the National Order of Social Security Claimsants' Representatives.
These national organizations offer training, education, and a national network to support senior citizens and persons with special needs.
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