Long Term Care Attorney In St. Joseph Mo – Questions To Ask
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G Brent Powers Law Office
3715 Beck Rd D-401, St Joseph, MO 64506
Q5QW+6R St Joseph, Missouri
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. 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. We are available to answer any questions you may have about your home, farm or real estate deeds. Click here for Hop Over To This Website
Elder Law is a specialty that helps seniors and provides guidance. As we get older, we have to deal with many different issues. Elder Law covers these and many other concerns that elderly people face.
Many elderly citizens fear they might lose their home, savings and everything that they have worked so hard to earn. They don’t want to be a burden to their children, family, and society.
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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 is available to help you understand Elder Law and create a plan for your future.
Nursing Home Medicaid Planning. It is never too early to plan for Medicaid or long 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, or how they can benefit from nursing home Medicaid planning. It is important to find a skilled and dedicated Nursing Home Attorney who is committed to helping families.
Brent has helped many families save thousands of dollar through 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. While most of the information you hear about nursing home Medicaid is accurate, it’s almost always incorrect.
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It’s almost never too early or too late to plan.
Your loved one may still be eligible to receive Medicaid assistance after they have moved into a nursing care facility.
It is crucial to be aware of legal protections and strategies that are available for the spouse or family member of a resident at a nursing facility. People fear losing their home or life savings if their spouse/loved one moves into a nursing facility. We are able to insure that you will be safe in almost all instances.
Numerous financial safety nets are available for both couples and seniors without jeopardizing Nursing Home Medicaid eligibility.
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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 stays in the home (the “Community Spouse”) is allowed to keep some of their resources while the spouse who requires Medicaid (the”Institutionalized Spouse”) may receive benefits.
Congress also set limitations on the assets that the Community Spouse can keep if the Institutionalized Spouse wants to receive benefits. These limits are often referred to as Community Spouse Resource Allowances (CSRA). Missouri’s Community Spouse may retain at most $25,728 or $128.640.00. This amount is adjusted every year to reflect inflation and costs of living. Missouri Medicaid’s Division of Assets process determines the maximum amount that the Community Spouse may keep.
The Division of Assets starts on the day the Medicaid applicant is admitted for at least 30 consecutive nights to a hospital/nursing facility. 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 assets of the spouse with significantly more assets will be reduced. It is crucial to consult an Elder Law lawyer to help you navigate this process. This will ensure that everyone’s rights 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.
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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 give $300,000 to Mary as her CSRA, and $171,000.360 to John. John must have less $5,000 to qualify for Medicaid. John will tell his family to spend $166.360 of John’s assets. 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. To avoid an expensive and regrettable situation, it is important to prepare the right legal documents and strategies.
What if there was no planning? Can all hope be lost? The answer is no. 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 both the expertise and experience to ensure Mary’s safety and prevent her from becoming homeless.
Brent makes every effort to meet with clients personally before he applies or appears in court.
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Real Estate / Deeds
As they get older, many people start to think about how to transfer their home, farmland and other properties to their loved one or others. Some people may require assistance in selling real estate without the help of a broker or agent.
To determine the best course of action, each family’s circumstances must be assessed. 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? Do you need to borrow money from the owner in order to sell your property?
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.
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.
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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.
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 member of both the National Academy of Elder Law Attorneys as well as the National Organization of Social Safety Claimants Representatives.
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.