Elder Care Law

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If you need legal assistance regarding elder care law matters, contact us online or call us at (615) 800-7096 today for a free consultation with an experienced attorney.

As our loved ones grow older and older, there comes a time when you may have to make decisions for them. Should you put them in a nursing home? Is there an end-of-life plan in place? Have they enrolled in Medicaid and Medicare? And what if an accident happens and they need special care–do you need to create a conservatorship for them?

It’s best to start planning for the future as soon as possible and the best way to do that is by going to an experienced attorney to help navigate you through the laws. At Martin Heller Potempa & Sheppard, PLLC, our Nashville elder care law attorneys have been helping clients throughout Middle Tennessee deal with their elder care needs.

Elder Care Law: Planning for the Future

One of the most critical steps to take late in life consists of properly drafting documents that will ensure security for you and for your loved ones, such as:

Medicare and TennCare Planning

One of the most important aspects of elder law is health and financial planning, especially when it comes to Medicare. When many people think of how they will take care of themselves after retirement, they may believe that the coverage of Medicare will be sufficient for all of their medical needs. However, if a nursing home or assisted living facility is in your future, Medicare will not cover the cost completely. In fact, Medicare only pays for 20 days of nursing home care following a three-day hospital stay, and then partial costs for another 80 days. When extended stays are necessary, Medicare will not cover any of the expenses.

The payment for these facilities either comes from long-term care insurance, an individual’s personal resources, or the government assistance of Medicaid, which is referred to as TennCare in Tennessee. Unlike Medicare, which is available for people over the age of 65 who have worked in a job that pays into the program for 10 years, TennCare is intended to cover medical expenses for a wide range of individuals with limited financial resources. TennCare can cover the expense of nursing homes, assisted living facilities, and other long-term care services for as long as they are determined to be medically necessary.

By planning for these decisions now with our elder care law attorneys, you will make sure that your spouse and you are protected financially if one of you needs long-term care later in life may require advanced consideration. By planning at least five years before care is required, your family’s assets may be preserved. Taking proper planning measures may also help reduce estate recovery costs after you pass. Estate recovery reimburses the state for Medicaid costs spent after a recipient dies. Tennessee applies the rule of limited estate recovery, which only considers the state-defined probate estate in reimbursement efforts.

Programs for Older Tennesseans 

The Tennessee Commission on Aging and Disability has developed supplemental programs to support the growing number of elderly in the state. If you are a caregiver needing guidance or an older individual who needs additional healthcare assistance, there may be programs available to you. Contact an elder law attorney who can guide you through your options. 

Contact Our Nashville Elder Care Law Attorneys Today

The later years of a person’s life should not be filled with worry and stress. The Nashville elder care law attorneys at Martin Heller Potempa & Sheppard are skilled in understanding the legal needs of our clients and taking steps to minimize uncertainty with regard to medical and probate decisions.

We have served a wide number of communities in and around Williamson and Davidson Counties, including Bellevue and Brentwood. For more information on how we can help you with these difficult decisions, contact us today.