About
Elder Law focuses on a class of persons and therefore requires the attorney to understand the interactions of different fields of law. I assist our clients in mapping out their futures with the appropriate legal, financial, and health safeguards. Clients or their children may visit us in times of crisis; in those circumstances we provide the best options to resolve the issues while preserving the dignity and independence of all parties.
We often assist clients with: estate planning (wills, trusts powers of attorney), advanced directives, guardian and conservatorships, Medicaid planning, income cap trusts, under 65 disability trusts, VA trusts, bankruptcy, and other matters. Please contact us for an appointment to discuss your concerns.
Protected Proceedings – Guardian and Conservatorships
content pending
Under 65 Disability Trusts
content pending
Medicaid Planning
In Oregon, Medicaid eligibility is determined by three factors:
- Whether the personal has the physical need for assistance;
- How much income the individual earns; and
- The value of the assets that the individual AND his/her spouse own.
A DHS worker will preform an needs assessment to determine the physical requirements for Medicaid. However, once the physical requirement is established, the financial need must also be assessed. In order to go onto Medicaid, an individual may only retain $2,0001 worth of nonexempt assets and may only earn $2,022.002. Often an individual has assets over the limit and must spend down those assets before qualifying. An elder law attorney can provide guidance on how to best manage assets for future benefit.
Many individuals whose assets are under the resource limit earn slightly more income than is allowed. However, that income may still not be enough to pay for appropriate care. In such cases, an Income Cap Trust may be used to allow the individual to qualify for Medicaid.
Income Cap Trust
In an Income Cap Trust, the income of the individual (known as the “trustor”)is placed in a trust that is managed by a friend or family member (known as the “trustee”). The trustee uses the funds to pay for the trustor’s care. These funds must be spent in accordance with Medicaid rules. After an analysis of the trustor’s income and expenses, a payout plan known as Schedule B is created. Once the trust is established, the trustee must payout the funds according to the Schedule B. When the trustor passes away, any excess funds remaining in the trust are used to reimburse the state for its costs.
1. Please note that many of the assets commonly owned may be exempt from this $2,000 limit. Some examples include: a home, car or burial plan depending on certain circumstances. Please talk to your elder law attorney for more details.
2. Please note, these figures are current through July 2009 only.