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Estate Planning When Facing a Nursing Home Transition: Questions for a Canton Elder Law Attorney

Posted by Steve Worrall | Mar 07, 2024

The decision to place a parent in a nursing home rarely comes easily. Apart from the emotional toll, significant financial and legal adjustments are often necessary. While immediate well-being takes priority, it's vital to safeguard your parent's assets and long-term care needs with proactive estate planning.

Questions to Guide Your Consultation

Canton elder law attorneys focus on addressing the intricate needs of aging individuals and their families. During your consultation, explore these crucial questions:

  1. Medicaid Eligibility & Asset Protection: What steps can we take now to potentially qualify for Medicaid assistance while still preserving some assets for your parent's needs or their spouse
  2. Power of Attorney: Is the existing Power of Attorney (POA) sufficient? Does it clearly grant the right to handle financial transactions, make care decisions, and sell property if necessary? Updating a POA might be advisable.
  3. Updating Wills & Trusts: Should their will or existing trusts be revised to reflect the change in living situation and ensure their assets are distributed according to their current wishes?
  4. Long-Term Care Insurance: If your parent has long-term care insurance, understand its benefits, claim thresholds, and how it works alongside other resources.
  5. Gifting Strategies: Are there legal ways to responsibly gift assets before Medicaid qualification if it's in your parent's best interest? The "five-year look-back" rule for Medicaid requires advanced elder law experience to maneuver correctly. 
  6. Guardianship Considerations:  If no POA exists or your parent is mentally incapacitated, will a court-appointed guardianship and/or conservatorship be necessary to safeguard their interests?"

Proactive Planning Ensures Your Parent's Well-Being

Navigating estate planning while arranging nursing home care may feel overwhelming, but you don't have to do it alone. An elder law attorney will:

  • Provide objective, strategic guidance during a stressful time.
  • Advocate for your parent's rights and long-term well-being.
  • Develop a personalized plan navigating complex Medicaid rules.
  • Create sound legal documents if updates are needed.

Schedule a Consultation

Get the informed counsel your family deserves. Our firm assists with elder law transitions, offering compassion and tailored solutions. Don't let legal burdens compound your worries. Contact us at 770-425-6060 to schedule an appointment with the mention of this blog post.

About the Author

Steve Worrall

As a sandwich generation kid himself (caring for both children and aging parents), Marietta Georgia Estate Planning Elder Law & Probate Attorney Steve (Stephen M.) Worrall KNOWS the struggles you are facing as you raise children, balance the demands of your job, and take care of your aging parent...