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. Every person is on a unique journey towards their "golden" years. Unfortunately, the process has become more complicated with each passing year. Our firm is proud to offer our clients customized planning and unique solutions. 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 specialist practice that offers senior citizens guidance and help with their legal needs. As we age, many issues arise that are not common in our younger years. These include housing, long-term care, wealth transfers and retirement. Elder Law addresses these and other issues that affect the elderly.

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's thoughtful and professional advice has given peace of mind for thousands of families in Saint Joseph, 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. It's never too early for you to start planning for Medicaid, long-term or even short-term care. Many people are unaware of the benefits of Medicaid and have not planned for it. Many families don't know who can be eligible for Medicaid or how their spouse and family can benefit from it. It is important that you choose a Nursing Home Attorney who has the experience and is dedicated helping families.

Through effective nursing home Medicaid planning Brent has helped many families in our community save hundreds of thousands of dollars. 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. Most of what you hear from others about nursing home Medicaid are well-meaning, but they are almost always wrong.

It's almost never too early or too late to plan.

You can still get Medicaid assistance for your loved one even if they move to a nursing home.

It is vital to understand legal protections available to the spouse and loved ones of nursing home residents. People often fear that their loved one or spouse will move into a nursing home, and they may lose their home and financial savings. In most cases, we can guarantee that this will not happen.

There are many financial safeguards available for couples and elderly without jeopardizing Nursing Home Medicaid eligibility.

Division of Assets

The "Spousal Impoverishment" Act was passed by Congress in 1988. It was intended to prevent married couples from having to spend all their assets before one spouse is eligible for nursing home Medicaid. The spouse who lives in the home (the "Community Spouse") gets to keep some resources while the spouse with a need for Medicaid (the 'Institutionalized Spouse') can claim 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 as the Community Spouse Resource Allowance or 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 is adjusted for inflation each year and changes in the cost of living. Missouri Medicaid allows for a Division of Assets to be used to determine how much the Community Spouse is allowed 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 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. To ensure everyone's protection, it is essential to work with an Elder Law lawyer during this process. The Wall Street Journal recently reported that 86% widows don't have enough income to cover the costs of caring for their spouses.

Consider John and Mary, a married couple, with $300,000 of financial assets. John suffers from dementia and requires nursing home services. The Medicaid caseworker will assign the $300,000. in financial assets to Mary and attribute $128.640 to Mary as her CSRA. John is credited $171,360. John must have less that $5,000 to be eligible for Medicaid. John will tell his family to spend $166.360 of John's assets. John and Mary will be required to spend 55% of the savings they have made in order to qualify 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. It is crucial to plan ahead and use the correct legal documents and strategies to avoid a costly and embarrassing situation.

But what if planning wasn't done in advance? Do you think all is lost? It is not 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 is a professional with the necessary experience and expertise to make sure Mary doesn't become homeless.

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 think about how to best transfer their house, farmland, and other properties to loved ones. Others might need assistance selling real property without a broker.

To find the best path for each family, it is important to assess their individual circumstances. Are there any benefits to gifting property now to your children? What happens if you need long-term care or nursing facility care? What living trust would be the best? How do you tax the transfer of your property? Can the property owner finance its sale?

Brent has helped hundreds upon hundreds of families, over the years, make the right choice when it comes time to transfer a home or farm.

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.

Planning should consider the needs of you and your family. Only then can we identify and use the appropriate documents and strategies to ensure that your planning will be as successful as possible.

Brent can assist you in setting up an appropriate estate plan.

Administration of trusts

Brent is available to help you determine the best way for your affairs to be managed. This will prevent future problems, unnecessary expenses, and skill gaps.

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 was president of Saint Joseph Bar Association.

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

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 organizations offer training, education, and a national network to support senior citizens and persons with special needs.