Blog entry by Bree Schinkel

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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
18162330257
https://gbrentpowerslaw.com/
Nursing Home Lawyer in St. Joseph Mo
Where Can I Find a Nursing Home Lawyer 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 on offering unique planning and solutions tailored to our clients' needs. Please contact us today to discuss your questions regarding your home and farm, real property deeds, power-of- attorney, trusts/vs. wills probate vs. not-probate transfers, or long-term issues.

Elder Law

Elder Law is a special practice that assists seniors with their legal issues. 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 elderly citizens fear they might lose their home, savings and everything that they have worked so hard to earn. They don't wish to become a burden for their family or society.

With his thoughtful and skilled advice, Brent has brought peace of mind to thousands families in Saint Joseph and 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 Planning for Medicaid and long-term care is a good idea. This is especially true if a parent or spouse may require nursing home 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 to find a skilled and dedicated Nursing Home Attorney who is committed to helping families.

Many families have saved thousands of dollars by using Brent's effective nursing home Medicaid planning. Brent, as a Nursing Home Lawyer, would recommend the following key points regarding Medicaid:Brent, a lawyer for nursing homes, has some tips to help you remember the basics of Medicaid. While most of the information you hear about nursing home Medicaid is accurate, it's almost always incorrect.

It is almost never too soon or too late for planning.

Even if your loved one moves to a nursing facility, they can still be eligible for Medicaid assistance.

Nursing Home AttorneyIt's crucial to know the legal protections and strategies available for the spouse and their family members of a resident in a nursing home. People fear losing their home or life savings if their spouse/loved one moves into a nursing facility. We are able to insure that you will be safe in almost all instances.

Numerous financial safeguards can be provided for seniors and couples, without jeopardizing Nursing Home Medicaid eligibility.

Division of Assets

1988 was the year Congress passed the "Spousal ImpoverishmentAct". This law was, despite its title, designed to prevent married couples from having their entire financial assets expended before one of them can qualify for nursing-home Medicaid. The "Community Spouse" can retain a portion of the couple’s resources while the "Institutionalized Spouse", who is eligible for Medicaid, can receive benefits.

Congress set limits on the assets that the Community Spouse may retain if the Institutionalized Spouse becomes eligible for benefits. These limits are known as the Community Spouse Resource Allowance, (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 every year to reflect inflation and costs of living. Missouri Medicaid's Division of Assets process determines the maximum amount that the Community Spouse may keep.

The Division of Assets starts on the day the Medicaid applicant is admitted for at least 30 consecutive nights to a hospital/nursing facility. The countable assets of a married couple (which excludes some assets exempted) are divided in two, with each spouse getting their own one-half share. It doesn't matter which spouse owns the asset. The couple's assets will be combined to determine the Division of Assets. This means that the spouse who has more assets than their spouse will see their assets decrease. Working with an Elder Law lawyer in this process is crucial in order to protect everyone's interests. The Wall Street Journal recently reported that 86% widows don't have enough income to cover the costs of caring for their spouses.

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 give $300,000 to Mary as her CSRA, and $171,000.360 to John. John must be under $5,000 in order to qualify for Medicaid. John's assets will be credited to the family and they will be required to spend $166 360. John and Mary will then be asked to spend 55% on their savings in order for John to become eligible for Medicaid. If the Community Spouse's assets are reduced by this amount, it's easy to see how 86% end up living below poverty due to their spouse's health care expenses.

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. To avoid an expensive and regrettable situation, it is important to prepare the right legal documents and strategies.

What if you didn't plan ahead? Do you think all is lost? Is it all over? Mary would be able to keep almost all of her financial assets even if John is now in a nursing care facility by using what is called a "Marital Medicaid Compatible Annuity". G Brent Powers is a professional with the necessary experience and expertise to make sure Mary doesn't become homeless.

Brent makes every effort to meet with clients personally before he applies or appears in court.

Real Estate / Deeds

As people age, they start to think about how to transfer their property, farmland or other assets to their loved ones. Others may need assistance with selling property without the aid of a broker.

Nursing Home Attorney Brent PowersEach family's situation should be evaluated in order to determine the best course. Do you think there are benefits to gifting your property to your kids now? What happens when you or your spouse need long-term, or nursing home care. Is a living estate the best option? What tax consequences will you face if your property is transferred? Do you need to borrow money from the owner in order to sell your property?

Over the years, Brent has helped many families make the right decisions when it comes to transferring their home, farm, and business properties.

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 help with additional advice and assistance, as well as helping you establish a suitable estate plan.


Administration of trusts

Brent is available to assist you in determining the best way of handling your affairs.

Brent Powers was a lawyer in Saint Joseph 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 served as the President of the Saint Joseph Bar Association. He also served on numerous community boards and took part in many events sponsored or organized by the Saint Joseph Bar Association in order to assist people in need of sound legal advice.

Brent is a native Missourian and grew-up in Saint Joseph.

He is a Central High School grad, who received his undergraduate degree and his law degree from the University of Missouri, Kansas City.

He is a member of National Academy of Elder Law Attorneys, and the National Organisation of Social Security Claimants’ Representatives.

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.