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're here to assist you and your family in making informed decisions on Elder Law issues like estate planning, nursing home Medicaid planning, and asset protection. Everybody has their own path to "golden years". Unfortunately, this path has become more complex 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 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 addresses these and other issues that affect the elderly.

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.

With his thoughtful and skilled advice, Brent has brought peace of mind to thousands families in Saint Joseph and Northwest Missouri. 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 can help you create a plan that suits your needs and learn more about Elder Law.

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 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.

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 soon or too late for planning.

Even if your loved one moves to a nursing facility, they can still be eligible for Medicaid assistance.

It is important to understand the legal strategies and protections for spouses and families of residents in nursing homes. 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 1988 "Spousal Impoverishment act" was passed by Congress. It was intended to prevent married people from having to give up all their assets in order to qualify for Medicaid 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.

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 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 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 couple's countable assets are divided into 2 with each spouse receiving their one-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. 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.

Let's say John and Mary have $300,000. John has dementia and needs nursing home care. The Medicaid caseworker assigns the $300,000 worth of financial assets to Mary, who will then CSRA $128,640 and John $171,360. John must be under $5,000 in order 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. 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. You can avoid an unpleasant and costly situation by making sure you have the right legal strategies in place.

But what if the planning was not perfected in time? Can all hope be lost? It is not over. Mary can retain most of her financial assets, even if John is incapacitated. Mary could use a "Marital Medicaid Compliance Annuity" to help her. G Brent Powers has the knowledge and expertise required to ensure Mary's financial security.

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

Real Estate / Deeds

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

To find the best path for each family, it is important to assess their individual circumstances. Is it possible to gift property to your children right away? What happens if you need long-term care or nursing facility care? What living trust would be the best? 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.

Proper planning should take into consideration your and your family’s unique needs and assets. Only then will we be able to determine the right documents and strategies that can be used to make sure your planning is as effective as possible.

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

Administration of trusts

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

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 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 who grew up in Saint Joseph.

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 associations provide education, training and a network of expertise for members attorneys to help seniors and people with special requirements.