Frequently Asked Questions

Elder law is a specialized area of legal practice that focuses on the legal needs of older adults and their families. It encompasses a broad range of issues including long-term care planning, Medicaid and Medicare benefits, estate planning, guardianship, nursing home rights, and more.

An elder law attorney helps families navigate the complex legal and financial landscape that comes with aging — particularly when it comes to planning for the high cost of long-term care and protecting family assets from being depleted.

The short answer is: as early as possible. Many of the most effective asset protection strategies require planning well in advance of needing long-term care. For example, Connecticut's Medicaid program has a 5-year "look-back" period, which means assets transferred within the prior five years may affect eligibility.

However, even if you or a loved one is already in or about to enter a nursing facility, there are often still legal strategies available. "Crisis planning" is possible, though the options are more limited the later you wait. We encourage families to contact us at any stage.

Without proper planning, you would likely be required to pay for nursing home care out of pocket until your assets are nearly exhausted. In Fairfield County, Connecticut, long-term care costs average approximately $19,000.00 per month — meaning a single year of nursing home care can cost over $225,000.

Once your assets fall below certain levels, you may qualify for Medicaid/Title 19, which will then cover the cost of care. The problem is that by this point, you may have spent down most of your life savings. Proper planning with an elder law attorney can often protect a significant portion of those assets legally and ethically.

Medicaid — called "Title 19" in Connecticut — is a joint federal and state program that provides health coverage to people with limited income and assets. For seniors, it is the primary payer for long-term care services, including nursing home care, assisted living, and in-home care.

Connecticut's Title 19 program covers the cost of care in a Medicaid-certified nursing facility once a person qualifies. Eligibility is based on both income and assets, and the rules are complex and frequently updated. Attorney Greenwood specializes in helping families navigate this process.

Connecticut Medicaid asset limits change periodically. Generally, an individual applying for nursing home Medicaid may retain only a small amount in countable assets (such as cash and investments). A married couple has different rules — the community spouse (the one not in the nursing home) is permitted to keep a protected amount, known as the Community Spouse Resource Allowance (CSRA).

Some assets are considered "exempt" or non-countable, such as your primary residence (subject to certain conditions), one vehicle, personal belongings, and certain prepaid burial expenses. Because these limits and exemptions are complex, it is important to consult with an attorney rather than trying to navigate this on your own.

When you apply for Medicaid long-term care benefits, the state reviews all financial transactions you made in the prior 60 months (5 years). This is called the "look-back period." If you transferred assets for less than fair market value during this period, Medicaid may impose a penalty period during which you are ineligible for benefits.

This is why early planning is so important. The sooner you begin working with an elder law attorney, the more options are available to protect your assets outside of the look-back period.

Simply giving away assets to your children or others within the 5-year look-back period will typically result in a Medicaid penalty period — a period of ineligibility calculated based on the value of the transfer. This is a common mistake families make on their own.

However, there are legal exceptions and strategies. Certain transfers may be exempt from penalty — for example, under certain circumstances, transfers to a disabled child, transfers to a sibling with an equity interest in the home, or transfers to a child who served as a caregiver, may be exempt. Attorney Greenwood can evaluate which strategies apply to your specific situation.

A Medicaid Asset Protection Trust (MAPT) is an irrevocable trust designed to hold assets outside of your ownership for Medicaid purposes. Assets transferred into a MAPT more than 5 years before applying for Medicaid are generally not counted as your resources, allowing you to protect a home, savings, or other assets.

Once assets are in the trust, you cannot take them back (though you may often retain the right to income from the trust). This requires careful planning and advance setup. Attorney Greenwood regularly helps families establish MAPTs as part of a comprehensive elder law strategy.

Medicare is a federal health insurance program primarily for people age 65 and older (and some younger individuals with disabilities). Medicare does cover short-term skilled nursing facility care (up to 100 days under certain conditions), but it does NOT cover custodial or long-term nursing home care.

Medicaid (Title 19) is a needs-based program that covers long-term care for those who meet income and asset requirements. It is the primary payer for nursing home care for most seniors. Understanding this distinction is crucial — many families mistakenly believe Medicare will cover long-term nursing home costs.

Yes — virtually everyone should have a will. Without one, Connecticut's intestacy laws will determine how your assets are distributed, which may not align with your wishes. A will allows you to specify who receives your property, name a guardian for minor children, and designate an executor to administer your estate.

A will alone, however, does not avoid probate. If avoiding the time and cost of the Connecticut probate process is a priority, you may want to consider a revocable living trust in addition to or in place of a will. Attorney Greenwood can help you determine the right approach.

A durable power of attorney (POA) is a legal document that authorizes someone you trust (your "agent" or "attorney-in-fact") to manage your financial affairs if you become incapacitated. Without one, your family may need to go through the court process of establishing a conservatorship to manage your finances — an expensive and time-consuming process.

A healthcare proxy (or healthcare power of attorney) designates someone to make medical decisions on your behalf if you cannot. An advance directive (living will) specifies your wishes regarding end-of-life care. These are essential documents for anyone of any age.

Yes. Connecticut has a Medicaid Estate Recovery Program (MERP). After a Medicaid recipient dies, the state may seek reimbursement for the benefits paid from the person's estate — including their home. This is called "estate recovery."

However, there are important exceptions and protections. With proper planning, estate recovery may be prevented or deferred if a surviving spouse, minor child, or disabled child is living in the home. Additionally, proper planning — such as transferring the home into an appropriate trust — can often protect the home from estate recovery. This is one of the most important reasons to consult with an elder law attorney early.