Experience is critical in Elder Law and Medicaid Planning.

Attorney Benjamin B. deForest has been in practice over 40 years with the last 30 years focused in the area of Elder Law and Medicaid Planning. Assisting families with the sometimes daunting task and questions about Nursing Home Admissions, Medicaid, and how to pay for Nursing Home care while also protecting as much of the spouse’s assets or family “nest egg” as possible.

Proper Medicaid planning can require execution of the right legal documents, structuring assets, maximizing and protecting perhaps ALL the assets of the "well" spouse at home (without any spend-down) on the Nursing Facility OR it may involve making gifts to ultimately benefit the children or other heirs of an unmarried institutionalized individual, assisting in finding a proper Nursing Home, protecting assets from the Ohio Medicaid Estate Recovery Program after Medicaid is achieved, and planning for other end of life issues.

It is almost always better to plan early but it is also NEVER too late to plan even if the individual is about to enter the Facility or has ALREADY entered the facility. The 5 year look-back rule will not prevent gifts, even then, if done with the right legal strategy. Generally speaking and depending on the dollar amount of a married couple’s assets up to 100% of the marital assets can be protected. For a single individual at least somewhere around 60% to 70% or more of the "Over-Resourced" amount can be protected, if not more, through the right techniques, legal strategies done in the right way, and in the right order. This is where experience matters.

I am able to meet family at the Nursing Facility, Assisted Living Facility or the family residence. Or if the Children wish to meet with me privately first to discuss things that can be done as well.

Areas of Practice

Medicaid

Medicaid is a Federal Program which will pay for the cost of the nursing home based on medical need and on the finances of the individual or the married couple. This Federal program is administered at the State and County levels. It is one of the most complex areas of law and requires a skilled and experienced professional to navigate.

Medicaid Planning

Medicaid Planning is the process by which a single resident or spouse of a resident in a Nursing Home, who is not eligible due to the amount of assets they have, is still able to obtain Medicaid Eligibility by using exemptions and conversion of assets into income. This can mean a spouse, who might be $100,000.00 over the eligibility limits for Medicaid, can yet immediately obtain Medicaid for her husband. Medicaid planning is perfectly legal.

Asset Protection and Medicaid Estate Recovery

Asset Protection is the process by which a person’s assets are protected from being unnecessarily spent on the Nursing Facility. This is done through a combination of maximizing exempt assets, structuring assets that are deemed available into a stream of income so that they are no longer an asset, or if necessary gifts can be made even if the client is already in the Nursing Facility and despite the well known “5 Year Look-Back Rule”. In addition, once Medicaid Eligibility is obtained, it is critical to then have the Institutionalized spouse’s name removed from assets such as the home, most bank accounts, as beneficiary of life insurance polices, and other assets to prevent the state of Ohio from recovering against those assets. If this step is not taken, and the “well” spouse at home predeceases her institutionalized Husband, allowing the institutionalized spouse to inherit all assets, Medicaid will terminate for the institutionalized spouse. This can be easily avoided with the correct planning. For those who are facing an Estate Recovery Claim by the Ohio Attorney General negotiations can sometime be successful in paying less than the full amount owed.

Financial Powers of Attorney

One of the most critical documents needed is a Financial Power of Attorney. This document allows a loved one to step into the shoes of the institutionalized person and make necessary changes to assets when needed. Due to the evolution in the way financial institutions honor Financial Powers of Attorney over the years it is critical that the document be sufficient for what needs to be done with assets. Without this document planning could be defeated.