Practice Areas | Elder Law

Elder Law

Elder Law focuses on the legal needs of aging individuals and their families. As we age, new challenges arise—from planning for healthcare and long-term care costs to protecting against financial exploitation. Our firm helps families navigate these complex issues with compassionate guidance and experienced legal counsel. We assist clients with life care planning, Medicaid eligibility, and protection against elder abuse. Whether you’re planning ahead for your own future or helping an aging parent or loved one, we can help you understand your options and make informed decisions that protect both health and financial security.

Elder Law

Elder Law focuses on the legal needs of aging individuals and their families. As we age, new challenges arise—from planning for healthcare and long-term care costs to protecting against financial exploitation. Our firm helps families navigate these complex issues with compassionate guidance and experienced legal counsel. We assist clients with life care planning, Medicaid eligibility, and protection against elder abuse. Whether you’re planning ahead for your own future or helping an aging parent or loved one, we can help you understand your options and make informed decisions that protect both health and financial security.

Life Care Planning and Medicaid

Long-Term Care Planning and Medicaid

The high cost of long-term care has made planning a critically important issue for most middle class seniors and their families. In fact, most seniors will likely require some form of long-term care. Sadly, many of them are unprepared for the significant financial burdens it places on their family’s hard-earned savings. Financial devastation looms large for a family facing ongoing care at a rate of $10,000 or more per month.

Long-Term Care Options

While some seniors are able to afford private pay care, the cost of long-term care will wipe out savings of all but the wealthiest families in a matter of years. Those who have planned ahead by purchasing long-term care insurance have a degree of certainty and peace of mind, knowing that they have a lesser need to rely on other sources in the future. Unfortunately, many can’t afford the high cost of long-term care insurance or, worse, because of age or medical condition cannot qualify for it. If you do have long-term care insurance, be aware of what your policy covers. Many policies have high deductibles or provide for only a short period of care in a facility. In fact, many who have long-term care insurance still have to resort to Medicaid to pay for their care.

We work with care managers to assess your options, from care at home, day care centers, retirement communities, assisted living, and nursing-homes. A life care plan includes a review of government benefits, like Veterans’ Aid and Attendance, day care centers, and Medicaid eligibility. We can assist and advise you regarding family care agreements, long-term care insurance contracts, contracts with nursing homes, and continuing-care retirement.

Medicaid Eligibility

The other option to pay for care is Medicaid. A joint federal-state program, Medicaid provides medical assistance to low-income individuals, including those 65 or older, disabled or blind. Medicaid is the single largest payer of nursing-home bills in America and serves as the option of last resort for people who have no other way to finance their long-term care. Although Medicaid eligibility rules vary from state to state, federal minimum standards and guidelines must be observed. Medicaid eligibility with respect to long-term care is related to a myriad of regulations involving look-back periods, income caps, transfer penalties and waiting periods to plan around. Our law firm has the experience and expertise to help avoid the financial ruin associated with the high cost of long-term care and to maximize your eligibility for Medicaid. Contact us today to start understanding the issues surrounding Medicaid eligibility and to implement the planning and application process.

Elder Abuse

According to the best available estimates, between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection.

These vulnerable elders are subject to injury and to premature death, often from caregivers and family members. Elder financial exploitation—commonly linked with other forms of abuse and neglect—threatens the health, dignity, and economic security of millions of older Americans.

The specificity of laws varies from state to state, but broadly defined, abuse may be:

  • Physical Abuse – Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need
  • Emotional Abuse – Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts
  • Sexual Abuse – Non-consensual sexual contact of any kind
  • Exploitation – Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder
  • Neglect – Refusal or failure by those responsible to provide food, shelter, health care or protection for a vulnerable elder
  • Abandonment – The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person

Miorini Law PLLC can assist seniors to protect themselves from abuse. Please contact us to discuss your concerns.

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