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. Everybody has their own path to "golden years". Unfortunately, this path has become more complex over the years. Our firm prides itself in providing customized solutions for our clients. Contact us today if you have questions concerning your home, farm and real estate deeds.

Elder Law

Elder Law is a specialist practice that offers senior citizens guidance and help with their legal needs. As we age, we are faced with many new issues, including housing, retirement, wealth transfer, and long-term nursing. Elder Law covers these and many other concerns that elderly people face.

Many elderly people fear losing their savings and home if they require long-term or nursing home care. They don’t want the burden of being a burden on their families or society.

Brent has helped thousands of families in Saint Joseph and Northwest Missouri feel at ease with his expert and thoughtful advice. He has more than 30 years' experience working with clients to design estate plans and real estate transfers.

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 don't know who is eligible for nursing home Medicaid planning or how it can benefit them or their family. It is important to select a Nursing home Attorney with extensive experience who is dedicated to helping families.

Through effective nursing home Medicaid planning Brent has helped many families in our community save hundreds of thousands of dollars. Brent is a licensed nursing home lawyer and would like to share some key points about Medicaid. Most of what people tell you about nursing facility Medicaid is not accurate.

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

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. 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

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 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's 2020 Community Spouse Resource Allowance (CSRA) allows for a minimum of $25,728 and a maximum amount of $128.640.00. 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 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 assets will be reduced for the spouse with more assets. 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.

As an example, consider John and Mary as a married couple. John has $300,000 worth of assets. John has dementia. Mary requires nursing home care. The Medicaid caseworker will give $300,000 to Mary as her CSRA, and $171,000.360 to John. John must also have less than $5,000 to be eligible. The family will be asked to spend $166,360 on assets that John has been attributed. 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 wouldn't need to spend any of their savings if they had a proper plan and were assisted by a qualified Medicaid Asset Protection attorney like G. Brent Powers. Avoid costly, unplanned spenddowns by using the right legal strategies and documents.

But what if the planning was not perfected in time? Are all your hopes 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 is always available to meet with clients before they apply or appear in court.

Real Estate / Deeds

As they get older, many people start to think about how to transfer their home, farmland and other properties to their loved one or others. Others may require help selling real estate, even without the assistance of an agent or 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 your spouse is in need of long-term nursing home or long-term care? What is the best option? How do you tax the transfer of your property? Can the property owner finance its sale?

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 means maintaining control of your assets while living, continuing to provide for your care and your loved ones, even if incapacitated or disabled, distributing your property after your death to whom you want, when you want and the way you want at the lowest overall 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.

Although he began his career in the courtroom as a trial advocate, he changed to Elder Law due to the need of his parents, his older clients, and numerous referrals.

He was president of Saint Joseph Bar Association.

Brent is a native Missourian, having grew to be a Saint Josephian.

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 a member of both the National Academy of Elder Law Attorneys as well as the National Organization of Social Safety Claimants Representatives.

These national associations provide education, training and a network of expertise for members attorneys to help seniors and people with special requirements.