Robert Whitt focuses on Elder Law
Elder Law:
Elder Law includes Nursing Home/Medicaid Qualification and Preservation of Assets. The general rule for placement into a skilled level nursing home and applying for Medicaid is that no gifts can have been made in the five-year period prior to applying for Medicaid so that no sanctions are imposed. In the event gifts have been made within this five-year look back period Robert Whitt is capable of creating solutions as to how to resolve those matters of gift which could create a sanction which would not allow the client to be eligible for Medicaid for a certain period of time.
Robert Whitt assists clients in preserving as much of a client’s assets as possible when the client is making a Medicaid Application for long term care. This is called a crisis situation where perhaps no pre-planning has been undertaken. It is very important to know:
- When to apply for Medicaid
- What assets can be transferred
- How to take advantage of an Attorney’s knowledge of the Medicaid rules
Robert Whitt has assisted hundreds of clients in the region protecting assets with regard to Medicaid matters both in skilled nursing home settings and assisted living settings. One of the most important documents for a client to have is a financial Power of Attorney which can become a vital tool to protect assets especially if the client is no longer mentally competent to handle financial matters. Not having the correct language in a financial Power of Attorney (also known as a Durable Power of Attorney) can create problems and make the protection of assets in a crisis case more difficult. Robert Whitt has been successful in protecting real estate and other personal property as it relates to Medicaid Qualification for many years.
Placement into an assisted living facility has a different set of rules than that of a skilled nursing facility. It is important to understand the difference in how the rules are applied to each particular type of bed. Placement in an assisted living bed (whether it is a regular bed or a memory care unit) depends first on a person’s income and then resources are examined. Placement into a skilled nursing bed does not involve the income of the client, just the client’s resources. An office conference with Robert Whitt can better explain the distinction between these two types of placements and the approaches as to protecting assets for both of them.
Contact Robert Whitt’s office for more information on Nursing Home and Medicaid Qualifications. Robert C. Whitt is a Mount Holly attorney, servicing the areas of Charlotte, Gastonia and Gaston County, Mecklenburg County, Lincoln County, and surrounding communities.
