Elder Law is estate and care planning that focuses on seniors and their needs.

Healthcare needs and elder law go hand in hand. As most people age, their health becomes a bigger concern. Elder law attorneys assist clients in accessing public benefits, such as Medicaid. Medicaid is a needs-based, means-tested government program, administered jointly by federal and state governments, that provides healthcare assistance. Because Medicaid rules are complex and vary from state to state, the elder law attorney helps the client navigate the path to eligibility while maximizing their resources. There are two types of Medicaid Planning: Crisis Planning and Proactive Planning.

Medicaid crisis planning means you need Medicaid now. The cost of long-term care in Washington State averages about $10,000 per month. This is unsustainable for almost every American. Elder law attorneys can provide guidance on the complex Medicaid rules to ensure access to public benefits, while helping clients use funds in a compliant manner before exhausting their assets. Pre-paid funeral plans, annuities, gifting and other estate planning tools can be used by elder law attorneys to create a strategy to help preserve assets.

Medicaid proactive planning is for clients who have a longer view; they do not need care now. Proactive planning involves utilizing trust-based instruments such as the Medicaid Asset Protection Trust. This trust, if funded five years before Medicaid is needed, will not be countable for purposes of eligibility. This allows the client to put assets beyond the reach of Medicaid, while ensuring that the assets can be passed along to people they love when they pass away. The time to plan for long-term care is right now.