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 are here to help you, your family, make informed decisions and plan on Elder Law topics such as Medicaid planning, estate and asset protection. Our individual paths to our "golden year" are different. Unfortunately, it has become more difficult 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 specialty that helps seniors and provides guidance. 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 includes these and many other areas that concern the elderly.

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

Brent has helped thousands of families in Saint Joseph and Northwest Missouri feel at ease with his expert and thoughtful advice. Over 30 years of experience in working with senior citizens to create estate plans, real property transfers, deeds.

Brent can help you create a plan that suits your needs and learn more about Elder Law.

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 don’t plan for long term care, and they are often misinformed about the process of Medicaid. 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. While the majority of information about nursing home Medicaid is good-intentioned, it is almost always inaccurate.

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

Your loved ones can still receive Medicaid benefits even after they move into a nursing home.

It is important to understand the legal strategies and protections for spouses and families of residents in nursing homes. People fear losing their home or life savings if their spouse/loved one moves into a nursing facility. This is almost impossible to prevent in most cases.

Numerous financial safety nets are available for both couples and seniors 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. As a result, the "Community Spouse", the spouse who remains at home, is allowed to keep a portion of their resources and the spouse who needs Medicaid (the “Institutionalized Spouse”) can get benefits.

The law also established limits on the assets the Community Spouse can retain, if the Institutionalized Spouse will be eligible for benefits. These limits are known as the Community Spouse Resource Allowance, (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 every year to reflect inflation and costs of living. 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 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. The Division of Assets does not consider the assets of any one of the spouses. Instead, all assets of the couple are combined. This means that the spouse who has more assets than their spouse will see their assets decrease. This is why it is important to work with an Elder Law attorney to ensure everyone's best interests are protected. 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 also have less than $5,000 to be eligible. John's assets will be credited to the family and they will be required to spend $166 360. John and Mary will be required to spend 55% of the savings they have made in order to qualify for Medicaid. This reduction in assets means that 86% surviving spouses are at risk of living below the poverty level due to the spouse's medical bills.

John and Mary don't have any need to spend their entire life savings if they are able to plan well and get the advice of an experienced Medicaid Asset Protection attorney, such as 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? The answer is no. 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 all the experience and expertise necessary to ensure Mary is not left behind.

Brent is always available to meet with clients before they apply or appear in court.

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.

To determine the best course of action, each family's circumstances must be assessed. Is it possible to gift property to your children right away? What happens when you or your spouse need long-term, or nursing home care. What living trust would be the best? What tax implications will a transfer of property have? Are you allowed to finance the purchase of your property by an owner?

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 plan means maintaining control over your assets, continuing to provide for you and your loved ones even when you're incapacitated, and distributing your property to the beneficiaries you desire at the lowest possible cost.

Planning must take into account your unique needs, wishes and assets. Only then can we decide what documents and strategies to use to ensure your planning works as you expect.

Along with helping you set up an appropriate estate plan, Brent can help you with further advice on: Brent is available to help you create an 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 has been a practicing lawyer in Saint Joseph, Missouri and Northwest Missouri since 1980.

Although he started his career as a trial lawyer, he was forced to change to Elder Law and Medicaid nursing home planning.

He has been 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 an active member of the National Academy of Elder Law Attorneys

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.