Lawyer Monthly - June 2022

The State of Modern Elder Law JUN 2022 | WWW.LAWYER-MONTHLY.COM due to their spouse being in a nursing home. With proper planning and the use of these spousal impoverishment rules, we are able to ensure that the community spouse’s home is protected and that they will have sufficient assets to continue to live. Unfortunately, we see too many situations where clients continue to pay these bills without seeking assistance early in the process and no longer have sufficient resources for the community spouse. The second scenario we often deal with is where a single person needsMedicaid assistance. Indiana currently has a fiveyear “look back” provision regarding any transfer of assets (both in singles’ and couples’ cases), so many clients feel that if they have wait until someone is in the nursing home they have no options. How does the need to plan financially for medical emergencies grow more urgent as one ages? The need for proper estate planning exists at all ages due to the uncertainty of what life events may occur. As one ages, the need to plan increases because of the risk for a medical event that may prevent proper planning. For example, if a client does not have a power of attorney or proper estate transition in place and has a stroke, they may be unable to execute these documents after the fact. If this occurs, then we would have to either file a guardianship matter or open a probate estate. Either of these involves court involvement, which is more costly to the client and could have been avoided with proper planning. Thus, getting proper planning done before a medical emergency is imperative. In Indiana, there are two different types of Medicaid scenarios. The first involves a situation where there is a married couple and one of them enters a nursing facility or needs Medicaid assistance while the other one is still at home (“community spouse”). In this scenario, one of the biggest rules that many people do not understand involves what we refer to as spousal impoverishment provisions. Many of my clients in this situation come into my office worrying about losing their home or running out of financial resources Matthew C Moore Founder Moore Law, LLC 2 West Pearl Street, Batesville, IN 47006 Tel: +1 812-932-1227 E: ELDER LAW - MATTHEW MOORE Elder Law has long comprised a significant sector of law, and one with an expanding demand in all countries with ageing populations. This is especially true for the US, where concerns surrounding Medicaid and related fees are paramount. In this feature, Matthew Moore provides us with a look at the most common challenges for elder law clients in the US and how effective estate planning may be undertaken on their behalf. 23 Too many times we see clients who are under the impression that there is nothing they can do.

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