Legal Question in Elder Law in Pennsylvania

Re: potential nursing home costs.

You asked about protecting assets from the costs associated with Medicaid sponsored elderly care.

You need to speak with an attorney conversant in issues regarding elder law. Currently the law provides that the disposition of any assets within five years prior to entry into a elderly care will count against the participant.

A trust such as you are suggesting is no better protection than any other disposal. The only manner of saving is the expiration of time after disposal of assets. And any disposal geared to protecting assets from senior care may be assailable anyway. Rather the way to protect assets is to make appropriate distributions according to an overall estate plan.

For assets of the level you describe a trust is inadvisable. An elder law attorney can guide your mother to vehicles that will properly protect and distribute assets.

Further, a nursing home should always be the last resort. Elderly parents are much better off in their own homes (either family home or assisted living) than in nursing facilities until the situation demands that course. In home care is a tremendously cost effective means for providing the care and companionship for the elderly.

As an aside, the mother does not need to be simply "agreeable with this." Any attorney will point out that the mother is the client and her interests and wishes will be paramount. Such an attorney should purposely seek to speak with your mother outside of the presence of any other persons to determine her basic level of competency and her true directions as to her assets. It is my sincerest hope that you will seek an attorney to hold to this standard of representation.

Please call to arrange an appointment if you would like to proceed.

Regards,

Roger