Elder Law Explained: Busting the Biggest Myths

When it comes to planning for aging loved ones, there is no shortage of confusion and misinformation. Myths about Medicaid eligibility, protecting your home, and understanding legal terms can cause unnecessary stress during an already challenging time. At Hurley Elder Care Law, we believe knowledge is power—especially when it comes to protecting your family’s assets and care options. Let’s clear up some of the most common misconceptions we hear from families.

My father’s income is $3,000 a month. Does that mean he can’t qualify for Medicaid?

No! If a nursing home resident’s income is higher than the $2,901/month cap but still less than the actual cost of care, they can still qualify for Medicaid by using a special type of trust called a Qualified Income Trust (QIT), also known as a Miller Trust. Once the trust is set up, Medicaid eligibility becomes possible.

Will I lose my home if I apply for Medicaid?

Not necessarily! The fear often comes from confusion about Medicaid Estate Recovery, a program that can affect your assets after a loved one passes away. In many cases, Medicaid estate recovery can be delayed, or even avoided, when handled properly. A Certified Elder Law Attorney can help protect your home.

Does my father’s IRA and 401K count toward the Medicaid asset limit?

No! In Georgia, retirement funds are exempt from Medicaid if they are distributed in periodic payments that include a portion of the principal.

What is the difference between capacity and competency?

Capacity is the ability to make a decision and is not solely based on cognitive impairment. Competency can only be determined through the court system and is a legal status, often addressed when seeking guardianship.

My mom was put on observation status after visiting the emergency room. Can she become eligible for Medicare coverage for rehab in a Skilled Nursing Facility (SNF)?

No! To qualify for Medicare coverage of SNF care, a patient must spend at least three consecutive days as an inpatient in a hospital. Time spent in observation status or an emergency room does not count toward this three-day requirement.

Is using a Certified Elder Law Attorney necessary?

While it’s not required, it’s highly recommended—much like seeing a heart surgeon instead of a primary care physician for heart surgery. The Certified Elder Law Attorney (CELA) designation is the “gold standard” in elder law. This certification, offered by the National Elder Law Foundation, ensures your attorney has met rigorous standards of experience, education, and testing. When you choose a CELA, you’re working with a proven expert dedicated to your family’s best interests.

Get the help you need

Navigating elder law issues can be overwhelming, but you don’t have to do it alone. Understanding the facts can help you protect your loved ones’ assets, access the care they need, and avoid costly mistakes.

Call Hurley Elder Care Law today at 404-843-0121 to discuss your family’s needs and see how our experienced team, including a Certified Elder Law Attorney, can guide you every step of the way.