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 will help you and all your family members make informed decisions regarding Elder Law matters such as Medicaid planning, estate planning, asset protection, and nursing home planning. Everybody has their own path to "golden years". Unfortunately, this path has become more complex over the years. Our firm prides themselves on providing unique solutions and planning that are tailored to each client's needs. If you have any questions regarding your farm, home, real estate deeds or power of attorney, trusts and wills, probate vs. unprobate transfer, long-term care, or trusts vs. Wills, please contact our firm today.

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 all of these issues and more.

Many elderly people fear losing their savings and home if they require long-term or nursing home care. They don’t want to be a burden to their children, family, and society.

Brent has helped thousands of families in Saint Joseph and Northwest Missouri feel at ease with his expert and thoughtful advice. 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 help you to create an Elder Law plan. Call Brent today.

Nursing Home Medicaid Planning. It is never too early to plan for Medicaid or long term care. Many people don't know how Medicaid works and haven't planned for long-term care. Many families don't know who can be eligible for Medicaid or how their spouse and family can benefit from it. It is important to find a skilled and dedicated Nursing Home Attorney who is committed to 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. 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's crucial to know the legal protections and strategies available for the spouse and their family members of a resident in a nursing home. Many people fear losing their home and savings if the spouse or loved one is forced to move to a senior living 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 set limits on the assets that the Community Spouse may retain if the Institutionalized Spouse becomes eligible for 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 each year for inflation and the cost of living. Missouri Medicaid requires that a Division of Assets Application be completed in order to determine what amount the Community Spouse will be permitted to keep.

The Division of Assets takes effect on the first day of the Medicaid applicant's admission to a hospital/nursing house for at minimum 30 consecutive days. The spouses' countable assets (which does not include a small amount of assets that may be exempt) is divided into two. Each spouse gets their share. 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 the assets of the spouse with significantly more assets will be reduced. To ensure everyone's protection, it is essential to work with an Elder Law lawyer during this process. 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 is going to allocate $300,000 in financial assets, and attribute $128.640 to Mary (as her CSRA) and $171.360 to John. John must have less $5,000 to qualify for Medicaid. John will tell his family to spend $166.360 of John's assets. John and Mary will then be asked to spend 55% on their savings in order for John to become 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 won't have to use any of the savings they have if they do their planning in a timely manner with the help and assistance of G. Brent Powers (Medical Asset Protection attorney). 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? Are all your hopes lost? The answer is no. Mary could still retain nearly all her assets through the use of a "Marital Medicaid compliant Annuity", even though John is currently in a nursing home. G Brent Powers has the knowledge and expertise required to ensure Mary's financial security.

Brent always makes time to meet in person with clients before presenting or applying for a court appearance.

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 might need assistance selling real property without a broker.

Each 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 if you need long-term care or nursing facility care? A living trust is the best choice? What tax implications will a transfer of property have? Do you need to borrow money from the owner in order to sell your property?

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 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 also help you to create a proper 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 started as a trial-lawyer. But, due to the needs of his parents and many referrals, he transitioned into Elder Law, Medicaid nursing facility 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 graduated from Central High School. He received his undergraduate and law degrees at the University of Missouri.

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 organizations offer education, training, as well as a national network for expertise to assist senior citizens and those with special needs.