Elder Law is a specialized area of legal practice that focuses on the unique needs of older adults, their families, and those planning for the future. It goes beyond traditional estate planning to address the real-life issues that arise as we age —from protecting assets and ensuring quality long-term care, to navigating government benefits like MaineCare, to safeguarding the rights and dignity of seniors. At Jennifer Frank Legal Group, we guide you through these decisions with compassion and clarity, helping ensure your wishes are honored, your assets safeguarded, and your family supported through life’s transitions.
Long-Term Care Planning
Long-term care planning helps you prepare for the possibility of needing nursing home, assisted living, or in-home care in the future. With the right plan in place, you can protect your savings, accelerate eligibility for MaineCare, and make sure your care needs are met without placing unnecessary stress on your family. Our firm helps clients understand their options with tailored plans designed to ensure the highest quality of care while minimizing the financial burden.
MaineCare Eligibility Planning and Applications
Navigating MaineCare application requirements can be complex and overwhelming. We guide clients through the application process, helping them structure their assets appropriately to qualify for benefits and preserve their assets.
Asset Protection Trusts
An Asset Protection Trust is a planning tool that allows you to protect assets like your home and savings from being completely spent on long-term care costs. When assets are placed into this trust, they are no longer counted as your resources for MaineCare (Medicaid) eligibility — but only if the transfer was made more than five years before you apply for benefits. This “five-year lookback” rule means it’s important to plan ahead. By setting up an Asset Protection Trust early, you can preserve what you’ve worked so hard for, while still ensuring you’ll have access to the care you may need in the future.
Retirement Account Planning
Retirement accounts like IRAs can play a big role in long-term care planning. Sometimes it makes sense to take larger withdrawals or even convert to a Roth IRA, so you don’t end up with too much in tax-deferred accounts if you later need to transfer assets in order to qualify for MaineCare. Smart planning now can reduce tax burdens later and give you more flexibility if long-term care becomes necessary. Every situation is different, so it’s important to review your options with both a lawyer and a financial advisor before making changes.
“When we talk about caring for each other, whether it’s in a family or in a community, we’re talking about being willing to take time to understand the other person’s needs.”
—Fred Rogers
Veterans’ Benefits
Elder law attorneys can also guide veterans and their families through the benefits available to them, such as the VA Aid & Attendance program. These benefits can provide monthly financial assistance to help cover the cost of in-home care, assisted living, or nursing home care. By accessing veterans benefits, families may be able to reduce the need to spend down savings, protecting more assets for a spouse or future generations while still ensuring that quality care is affordable.
We can help with any and all of these needs.
