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. Every person is on a unique journey towards their "golden" years. Unfortunately, the process has become more complicated with each passing year. Our firm prides itself on offering unique planning and solutions tailored to our clients' needs. 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 get older, there are many more issues that we face than we did when we were younger. These include long-term care, housing, retirement and wealth transfers. 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 wish to become a burden for their family or society.

Brent has provided expert and thoughtful advice to thousands of families across Saint Joseph and Northwest Missouri, providing them with peace of heart. With over 30 years experience, he can assist clients in developing estate plans, property transfers, deeds probate, power-of- attorney, trusts and other legal needs of senior citizens.

Brent will be happy to discuss Elder Law with you and help you develop a plan.

Nursing Home Medicaid Planning It is never too early to plan for Medicaid or long 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 can be eligible for Medicaid or how their spouse and family can benefit from it. It is crucial to hire a nursing home attorney who has experience and is committed to helping families.

Many families have saved thousands of dollars by using Brent's effective nursing home Medicaid planning. Brent is a licensed nursing home lawyer and would like to share some key points about Medicaid. While most of the information you hear about nursing home Medicaid is accurate, it's almost always incorrect.

It is almost never too much too soon to plan.

Your loved one may still be eligible to receive Medicaid assistance after they have moved into a nursing care facility.

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 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. We are able to insure that you will be safe in almost all instances.

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. 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.

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. The Missouri Community Spouse can retain $25,728 to $128,640.00 for 2020. 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 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 matter who owns the asset; the entire couple's assets are considered when determining the Division Of Assets. This means that the assets of the spouse with significantly more assets will be reduced. Working with an Elder Law lawyer in this process is crucial in order to protect everyone's interests. 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. John's assets must be paid down by the family, who will then have to spend $166.360. John and Mary will be told that John must spend 55% their lives' savings before John can apply 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 planning wasn't done in advance? Are all your hopes 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 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 may need assistance with selling property without the aid of a broker.

To determine the best course of action, each family's circumstances must be assessed. Is there a benefit to gifting property to children now? What happens if your spouse is in need of long-term nursing home or long-term care? Is a living estate the best option? How do you tax the transfer of your property? Can the property owner finance its sale?

Brent has assisted many families to make the right decisions in transferring their homes, farms, or businesses over the years.

Estate Planning

Proper estate planning involves maintaining control of your assets and continuing to care for your loved ones. It also means that you can distribute your property after your death to the people you choose, whenever you wish, and at the lowest 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 help with additional advice and assistance, as well as helping you establish a suitable estate plan.

Administration of trusts

Brent can help you decide the best way to manage your affairs.

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

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 from Northwest Missouri, and he grew up near Saint Joseph.

He graduated from Central High School. He received his undergraduate and law degrees at the University of Missouri.

He is a National Academy of Elder Law Attorneys member and the National Order of Social Security Claimsants' Representatives.

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