Frequently Asked Questions

Your Questions, Answered

  • That’s a really hard place to be, and it’s something a lot of families quietly go through.

    If she’s still able to make her own decisions, the most important step is getting legal documents in place now, things like a will and powers of attorney. A financial power of attorney allows someone she trusts to step in if needed, and a medical directive lets her put her wishes in writing ahead of time.

    It’s also helpful to work with an elder law attorney so you’re not just getting documents done, but thinking ahead about long-term care and how to protect what she’s worked for if Medicaid ever becomes part of the picture.

    You don’t have to figure all of this out at once. Taking a few steps now can make things much easier down the road, and we’re always here if you want to talk through what that might look like for your family.

  • A lot can change over 30 years- family, finances, even the law, so it’s important to take another look.

    In most cases, the best way to update a will is to create a new one. That way, everything is clear and up to date, and there’s no confusion about which document controls.

    When we meet, we can walk through what’s changed and what you’d like to update, whether that’s how things are distributed or who you’d want handling everything. From there, we’ll help you put together documents that reflect where things stand today.

    You don’t need to have everything figured out ahead of time. It can be helpful to jot down any questions or thoughts, but we’ll guide you through the rest and make the process straightforward.

  • A power of attorney can be a helpful tool, but it’s something your dad would need to choose for himself. The first step is simply having an open conversation with him about what he’s comfortable with and who he would trust to step in if needed.

    If he’s ready to move forward, the next step is meeting with an attorney to go over his wishes. Even if you help set things up, he would be the client, and the documents need to reflect what he wants.

    To sign a power of attorney, your dad does need to have the mental capacity to understand what he’s signing. If that’s still the case, we can help put everything in place so someone he trusts can step in if needed.

    From there, we’ll guide you through the process and talk through any other planning that might make sense, depending on his situation.

    You don’t have to have everything figured out before starting, just having that first conversation is a great place to begin.

  • In general, leaving money directly to someone who receives SSI or Medicaid can affect their eligibility. But there are ways to plan ahead so your child can still benefit from an inheritance without putting those benefits at risk.

    One of the most common tools is a Supplemental (or Special) Needs Trust. Instead of leaving assets directly to your child, the inheritance is placed in a trust that can be used to support their quality of life while preserving eligibility for benefits.

    There are different types of these trusts, and the right approach depends on your family’s situation. When we meet, we can walk through how they work and help you decide what makes the most sense.

    Planning ahead in this way can make a meaningful difference in your child’s long-term security, and we’re always here to talk through what that could look like for your family.

  • This is an incredibly difficult place to be, and it’s something many families face.

    When a spouse needs a higher level of care, the cost can feel overwhelming, especially when you’re trying to balance getting the right care for them while also protecting your own financial security.

    There are planning options available. Medicaid can help cover the cost of long-term care, and with the right approach, it’s often possible to preserve a portion of assets for the spouse who remains at home.

    The key is putting a plan in place based on your specific situation. When we meet, we can walk through how Medicaid works, what options may be available to you, and how to structure things in a way that supports both you and your husband.

    You don’t have to figure this out all at once. We can help you take it step by step and find a path forward that feels manageable.

  • Receiving a settlement can affect Medicaid eligibility, but there are ways to plan ahead so your brother can still benefit from those funds. One option may be a type of trust designed to hold the settlement and use it in a way that doesn’t interfere with his benefits. In some situations, a structured “spend down” can also be part of the plan.

    The right approach depends on the details of his situation, including the size and timing of the settlement. When we meet, we can walk through the options and help you understand what makes the most sense moving forward.

    You don’t have to sort this out on your own, this is exactly the kind of planning we help families navigate.

Have an elder law-related question? We have the answer. Check out these FAQs and give us a call today for more information!

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Whether it's securing long-term care, planning your estate, or navigating probate, Bertsch & Boze Elder Law, PC, can guide you every step of the way.