Entries by Hewitt Law PLLC

The Impact of Divorce on Elder Law Planning: Protecting Assets and Ensuring Care

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Gray divorce introduces complex challenges for older adults, particularly in the area of elder law planning and asset protection. The dissolution of a long-term marriage often necessitates a comprehensive reevaluation of retirement savings, healthcare coverage, and long-term care strategies. Critical considerations include preserving financial stability, maintaining access to adequate healthcare, and updating essential legal documents […]

Power of Attorney vs Guardianship for Disabled Seniors in WV

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Discerning the differences between Power of Attorney (POA) and guardianship is important when planning for a disabled or aging loved one’s future. A POA allows a competent individual to designate someone to make decisions on their behalf, while guardianship is court-appointed for those who are deemed incapacitated. The key distinctions lie in the level of […]

How to Effectively Avoid the Medicaid 5-year Lookback

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The Medicaid 5-year lookback rule is a vital aspect of Medicaid eligibility for long-term care coverage, allowing the program to review financial transactions made within five years prior to application. This rule aims to prevent individuals from artificially impoverishing themselves to qualify for Medicaid benefits by identifying disqualifying transfers, which can result in penalty periods […]

Creative Uses of Conservation Easements in Estate and Medicaid Planning in West Virginia

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Conservation easements are a powerful yet often underutilized tool in estate planning and Medicaid asset protection. By strategically limiting the development or use of land, property owners can reduce their tax liabilities, preserve their legacy, and improve Medicaid eligibility while maintaining control over the land’s purpose. For farmers, landowners, and families in West Virginia who […]

Navigating Guardianship for West Virginia Seniors with Mental Health Disorders

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Guardianship is a vital legal tool for families in West Virginia who are caring for seniors with mental health disorders. When conditions such as dementia, Alzheimer’s, bipolar disorder, or severe depression impair a senior’s ability to make sound decisions, a court-appointed guardian can help protect their health, safety, and financial interests. Understanding Guardianship and Its […]

Protecting Your Home from Medicaid Estate Recovery in West Virginia

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For many West Virginia families, the family home is more than just a property. It represents years of hard work, financial stability, and memories that span generations. However, for seniors who rely on Medicaid to pay for long-term nursing home care, this cherished asset may be at risk due to the Medicaid Estate Recovery Program […]