Cleveland Elder Law And Medicaid Planning Lawyers

Life presents unique challenges and opportunities for individuals as they age and/or require long-term care. Ensuring your well-being, preserving your assets, and securing quality care becomes paramount.

Call us at 216-865-1718 or fill out our online contact form to get started.

At Cavitch Familo & Durkin, we provide compassionate and comprehensive legal guidance for seniors and their families in the Cleveland area and throughout Ohio. Our elder law and Medicaid planning services are designed to offer peace of mind, knowing your future is protected.

What Is Elder Law?

Elder law is a specialized area of legal practice that focuses on the legal, financial, and healthcare issues affecting older adults and individuals with disabilities. It encompasses a wide range of services designed to help seniors plan for their future, protect their assets, and ensure they receive the care and support they need as they age.

Our Elder Law services include:

• Estate Planning: Crafting wills, trusts, powers of attorney, and advance directives to ensure your wishes are honored regarding your assets, healthcare decisions, and personal care.
• Long-Term Care Planning: Developing strategies to address the high costs of nursing home care, assisted living, and in-home care, helping you understand all available options to protect your lifesavings.
• Guardianship: Proper planning protects against the need of establishing a Guardianship in Probate Court. For those who do not have the necessary documents and are unable to make legal or health decisions for themselves, we assist families with establishing and administering a Guardianship in Probate Court.

Understanding Medicaid Planning

Medicaid is a joint federal and state program that provides healthcare coverage for individuals and families, including long-term care costs. For many, the prospect of needing in-home care, assisted living, or nursing home care is a significant financial concern. Medicaid can be a vital resource, but navigating its complex eligibility rules and application process can be overwhelming. In addition, once approved for Medicaid benefits, individuals are subject to Medicaid Estate Recovery (MER) claims upon their death!

Medicaid planning is the legal process of strategically arranging your assets and income to meet Medicaid’s strict eligibility requirements while preserving as much of your hard-earned savings as legally possible and protect against MER claims after the individual dies.

How Can We Help With Medicaid Planning In Ohio?

The rules for Medicaid eligibility in Ohio are specific and constantly evolving, including income and asset limits, and a “5-year look-back” period for asset transfers. Attempting to navigate these complexities without experienced legal counsel can lead to costly mistakes, delays in receiving benefits, or even disqualification.

Our Medicaid planning services include:

• Proactive Planning: If you are planning for future long-term care needs, we can help you implement strategies well in advance of a potential Medicaid application. This might involve setting up certain types of trusts (Irrevocable Asset Protection Trusts and Qualified Income Trusts (QIT)), converting countable assets into exempt assets, or other legal techniques to protect your wealth while ensuring future eligibility.
• Crisis Planning: If you or a loved one needs immediate long-term care and you are concerned about rapidly depleting your assets, we can explore crisis planning strategies. Even in urgent situations, there may be legal avenues to protect a portion of your assets and accelerate Medicaid eligibility.
• Asset Protection: Identifying exempt vs. countable assets in Ohio (e.g., primary residence, vehicles, personal belongings vs. bank accounts, investments) and developing strategies to protect exempt and non-exempt assets from eligibility and MER.
• Medicaid Application Assistance: Guiding you through the entire Medicaid application process, from gathering extensive documentation and financial records to attending interviews with the Ohio Department of Job and Family Services.
• Appeals and Hearings: Representing you in appeals if a Medicaid application is denied or benefits are terminated.
• Spousal Protection: Advising married couples on the Community Spouse Resource Allowance (CSRA) and Minimum Monthly Maintenance Needs Allowance (MMMNA) rules, ensuring the well spouse can retain sufficient assets and income to live comfortably.

Why Choose Cavitch Familo & Durkin For Elder Law & Medicaid Planning?

• Specialized Knowledge: Our attorneys possess in-depth knowledge of Ohio’s elder law and Medicaid regulations, staying current with all legal changes to provide the most effective strategies.
• Client-Centered Approach: We understand the sensitive nature of these decisions. We take the time to listen to your concerns, answer your questions, and develop personalized plans that align with your unique goals and family circumstances.
• Asset Preservation Focus: Our primary goal is to help you protect your life savings and assets, ensuring they benefit you and your loved ones, not just the cost of care.
• Comprehensive Solutions: We provide holistic legal solutions, integrating elder law planning with your broader estate plan to create a seamless strategy for your future.
• Peace of Mind: By planning ahead with experienced legal counsel, you can alleviate stress and gain confidence that your financial security and care needs will be met.

Don’t wait until a crisis occurs to address these critical issues. The sooner you plan, the more options you will have. Contact Cavitch Familo & Durkin today to schedule a confidential consultation and discuss your elder law and Medicaid planning needs.

Call today at 216-865-1718 or use our contact form to speak with an attorney.