Elder Law Attorney | Making the tough decision to move a family member from their home into care can be an emotional and complicated process. Not only is it hard on the elder family member, it’s draining on the family when making this process. There are often legal issues that come with moving a family member into a care facility, and contacting an elder law attorney can be helpful.
There are important things to consider, like:

  • Who will pay for the care?
  • Is Medicaid necessary?
  • Is a nursing home possible?
  • What level of care will they need?

These questions are complicated, and often involve time and research on best ways to approach the situation. An elder law attorney can help you plan and ensure that your loved one is receiving the care they deserve.
One thing to consider is that Medicaid doesn’t favor when parents pay a child for living expenses like food or rent. Oftentimes there needs to be a legal agreement between the parent and child to ensure Medicaid will recognize these payments as legally compliant. When a parent moves into a care facility, it’s also important to reevaluate the estate plan. Will a child’s inheritance be affected by moving a loved one into a nursing home? Can they receive the inheritance early to assist with expenses?
It’s also important to consider things like atmosphere, reputation, individual unit features and insurance compatibility when looking for a facility to move an elder parent. Never rely on oral statements when making these decisions — the more items in writing the better. Additionally, speak with an elder law attorney to remove any mandatory pre-dispute arbitration clauses. This would strip you of your right to go to court if there was ever an issue.
The Law Office of Michelangelo Mortellaro can provide advice and legal guidance as you move your loved one from their home to a facility. Contact them today to learn more.