What is ElderLaw?
Elder law and Special Needs Law are specialized areas of law that involve representing, counseling and assisting seniors, individuals with a disability and their families in connection with a variety of legal issues from Estate Planning to Long Term Care planning to coordination of government benefits and insurance.
Medicaid is a public health insurance program administered by the State of Pennsylvania. In general, it provides healthcare services for eligible individuals. These services may include nursing home long-term care as well as home and community based services to enable individuals to remain in their homes.
Medicaid benefits are available to certain populations of people such as those with disabilities and seniors who meet certain financial and medical criteria. You may be surprised to find that you are eligible for Medicaid despite owning fairly substantial assets. With proper Medicaid Planning, you can continue to own or transfer assets and gain or maintain Medicaid eligibility. Determining eligibility for Medicaid and applying for benefits is a complex and confusing task. At Pecori & Pecori, we strive to make this process as smooth as possible.
Special Needs Planning
For those individuals receiving government benefits such as from the Veterans Administration, Medicaid, SSI and/or HUD there are restrictions on the amount of income and assets they may own to remain eligible. The receipt of additional income or assets such as from an inheritance or injury settlement may disqualify recipients from their benefits. While the receipt of such funds may be a good thing, it can upset what is often an independent, stable and safe living environment. To enable recipients to continue to receive their benefits and utilize additional income or assets, Special Needs planning is required.
A Special Needs Trust can be created to hold the additional assets for the benefit of the recipient without disqualifying them from their benefits. The funds from the Trust are not directly controlled or reachable by the recipient but, through a Trustee, they are available as a supplement to existing benefits.
Last year my wife and I were looking for a law firm to help us craft wills, power of attorney, and health care directives. After looking at a few other services, we contacted Pecori and Pecori about preparing those documents. We couldn’t have been more impressed. Rob took time to explain to us details behind the different options we had available to us. Others we visited were quick to rush us into more expensive options without considering our full story. Instead Rob recommended for us the right mix of documents we needed to feel secure that our loved ones would be taken care of should something happen. I was really impressed with the time they took to make sure everything was exactly as we wanted it and also gave some really great common sense options for handling money distribution to our heirs. I would recommend Pecori and Pecori to anyone looking for a trust worthy advisor for your any of your complex legal needs. I know we will return should we need the services of a law firm in the future.