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 is proud to offer our clients customized planning and unique solutions. We are available to answer any questions you may have about your home, farm or real estate deeds.

Elder Law

Elder Law is a special practice that assists seniors with their legal issues. 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 seniors fear that they may lose their home, savings, or everything they have worked for all their lives if they need nursing home or long-term care. They don’t want to be a burden to their children, family, and society.

Brent has provided expert and thoughtful advice to thousands of families across Saint Joseph and Northwest Missouri, providing them with peace of heart. 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 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 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 that you choose a Nursing Home Attorney who has the experience and is dedicated helping families.

Many families have saved thousands of dollars by using Brent's effective nursing home Medicaid planning. As a Nursing Home Lawyer, Brent would advise a few key things to remember when it comes to Medicaid - Brent, a nursing home lawyer, would recommend a few key points to remember about Medicaid. Most of what people tell you about nursing facility Medicaid is not accurate.

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'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 often fear that their loved one or spouse will move into a nursing home, and they may lose their home and financial savings. We can almost always insure that this won't happen to you.

Many financial protections are available to elderly couples and individuals without jeopardizing Nursing Home Medicaid eligibility.

Division of Assets

A 1988 law, commonly known as the "Spousal Impoverishment Law", was passed by Congress. This law, which is often referred to as the "Spousal Impoverishment Bill", was meant to prevent married couples having to lose all of their assets before one of them could qualify 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 set limits on the assets that the Community Spouse may retain if the Institutionalized Spouse becomes eligible for 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 each year for inflation and 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 begins on the day that the Medicaid applicant is admitted to a hospital or nursing home for at most 30 consecutive days. The marital couple's countable assets, which excludes very few assets that are exempt, are divided into two and each spouse is given their half. 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 spouse who has more assets than their spouse will see their assets decrease. It is crucial to consult an Elder Law lawyer to help you navigate this process. This will ensure that everyone's rights 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.

Let's say John and Mary have $300,000. John has dementia and needs nursing home care. 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 $5,000 to qualify for Medicaid. The family will be asked to spend $166,360 on assets that John has been attributed. John and Mary will be told that John must spend 55% their lives' savings before John can apply 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 planning wasn't done in advance? Do you think all is lost? Is it all over? 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 all the experience and expertise necessary to ensure Mary is not left behind.

Brent takes the time to meet clients face-to-face before appearing in court.

Real Estate / Deeds

As they age, people think about how to best transfer their house, farmland, and other properties to loved ones. Some people may require assistance in selling real estate without the help of a broker or agent.

Every family's situation must be assessed to determine the best course of action. Is there a benefit to gifting property to children now? What happens if you need long-term care or nursing facility care? Is a living estate the best option? What tax consequences will you face if your property is transferred? Is it possible for the owner to finance the sale?

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.

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.

Since 1980, Brent Powers has been practicing law in Saint Joseph and Northwest Missouri.

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, having grew to be a Saint Josephian.

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