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A more holistic approach to applying legal principles to specific emotional, logistical and financial needs of seniors and their families.
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What is the Medicaid Trap and How Can You Avoid It?
/by Hewitt Law PLLCPlanning for long-term care in West Virginia can be overwhelming, especially regarding Medicaid eligibility. The “Medicaid Trap” refers to the financial and legal challenges people face when trying to qualify for Medicaid to cover long-term care costs, often resulting in financial strain or disqualification from benefits. Without proper planning, Medicaid’s strict income and asset limits […]
Navigating Guardianship When Family Members Disagree: Legal and Emotional Considerations
/by Hewitt Law PLLCGuardianship may become necessary when a loved one is unable to make decisions due to age, illness, or disability. It’s a legal arrangement where a court appoints a guardian to manage personal or financial affairs for the ward. The process can become complex and emotionally charged when family members disagree on guardianship decisions. This legal […]
Beyond the Will: Creative Estate Planning Tools for Complex Family Dynamics
/by Hewitt Law PLLCEstate planning often goes beyond just drafting a will, encompassing strategies to distribute assets and protect your family’s financial future. For families with complex situations, a simple will may not suffice to address unique concerns and navigate intricate family dynamics. A comprehensive estate plan can provide the necessary flexibility and control to ensure your wishes […]
The Impact of Divorce on Elder Law Planning: Protecting Assets and Ensuring Care
/by Hewitt Law PLLCGray 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
/by Hewitt Law PLLCDiscerning 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
/by Hewitt Law PLLCThe 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
/by Hewitt Law PLLCConservation 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
/by Hewitt Law PLLCGuardianship 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
/by Hewitt Law PLLCFor 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 […]