What is Elder Law?

What areas of law does Elder Law?

Elder Law is the practice of law dedicated to the needs of older clients.  The vast majority of our clients are in their 70s, 80s and 90s.  Their children, who are often the first to contact us, are in their 50s, 60s, and 70s.  We also have younger clients who have Multiple Sclerosis, Parkinson’s disease, early onset dementia, traumatic brain injury and those whose needs are similar to our older clients.

Elder Law answers the following questions, and more:

  • What part of Nursing Home care does Medicare cover?
  • What is the difference between Medicare and Medicaid?
  • How do Nursing Homes get paid?
  • What is Medicaid Planning?
  • When should I start Medicaid Planning?
  • What are the requirements to be on Medicaid?
  • Will Medicaid take all our money?
  • Will Medicaid take our home?
  • What is Medicaid “spend down”?
  • Do all financial assets have to be “spent down” before Medicaid will pay for Nursing Home care? (Hint – No)
  • Can any money or assets be preserved or protected?
  • Can I give or “lend” money to my children?
  • How do I handle past gifts or loans to my children?
  • Can I sell my children my home?
  • Is my Will proper for my circumstances?
  • Is my Durable Power of Attorney sufficient for my needs?
  • Is my Living Will up to date?
  • Is my Health Care Surrogate sufficient?
  • What is a Guardianship?
  • How do Guardianships work?
  • Do we need a Guardianship?
  • What are the legal fees involved?
  • What is Probate?
  • Do we need to go to Probate?
  • Is Probate difficult in Kentucky?
  • What is a Qualified Income Trust or QIT?
  • When does someone need a Qualified Income Trust or QIT?
  • Do I need a Revocable Living Trust?
  • I have a Revocable Living Trust. Does that does protect my assets?

Why do I need an Elder Law or Elder Care Law attorney?

Elder Law answers all of these questions and more. Elder Law is a highly specific field of law. Lawyers, accountants, and financial advisors who are not focused on the field of Elder Law or Elder Care Law, often mistakenly give inaccurate advice, and the inaccurate advice may cause drastic and expensive problems.

Medicaid regulations change frequently and the interpretation of the regulations also change frequently. An attorney who is not focused on the field of Elder Law or Elder Care Law has difficulty in staying abreast of all the changes.

If you would like a consultation with our experienced ElderCare Attorneys pleace contact Kentucky ElderLaw, PLLC, we are happy to answer any questions you have.


(502) 581-1111