Elder Law in Tennessee

FAQ

Frequently Asked Questions About Elder Law

What is elder law?+

Elder law is a legal specialty focused on the needs of aging adults and their families. It encompasses Medicaid planning, long-term care strategies, conservatorships and guardianships, veterans benefits, Social Security Disability, advance care planning, and protection against elder abuse. An elder law attorney helps families plan for and respond to the legal challenges that come with aging.

How do I qualify for Medicaid in Tennessee?+

Tennessee Medicaid (TennCare) for long-term care has strict income and asset limits that are adjusted periodically. Certain assets like your primary residence (up to a value limit) and one vehicle are typically exempt. Medicaid planning with an experienced attorney can help you structure your assets to qualify while preserving resources for your family.

What is the Medicaid look-back period in Tennessee?+

Tennessee Medicaid has a five-year look-back period. This means Medicaid reviews all asset transfers made within five years of your application date. Transfers made for less than fair market value during this period can result in a penalty period during which Medicaid will not pay for your care. Planning ahead is essential to avoid these penalties.

How can I protect my assets and still qualify for Medicaid?+

There are several legal strategies for protecting assets while qualifying for Medicaid, including irrevocable trusts, spousal protections, caregiver agreements, and proper spend-down planning. The key is to start planning as early as possible, ideally at least five years before you anticipate needing long-term care. Our attorneys evaluate your specific situation and develop a personalized strategy.

What VA benefits are available for long-term care?+

The VA Aid & Attendance benefit provides additional monthly income to veterans and surviving spouses who need help with daily activities or are housebound. This benefit can help cover the cost of assisted living, nursing home care, or in-home care. Eligibility depends on military service history, medical needs, and financial qualifications. Our attorneys help veterans and their families apply for these benefits.

What is the difference between a conservatorship and power of attorney in Tennessee?+

A power of attorney is a document you create voluntarily while you have mental capacity, naming someone to manage your affairs. A conservatorship is a court-ordered arrangement imposed when someone has already lost the ability to manage their own affairs and did not have a power of attorney in place. Conservatorships are more expensive, time-consuming, and restrictive than powers of attorney, which is why advance planning is so important.

How do I plan for long-term care costs?+

Long-term care planning involves evaluating insurance options, understanding Medicaid eligibility rules, considering asset protection strategies, and creating advance directives. Nursing home care in Tennessee is expensive enough that advance planning is essential for most families. We help families develop comprehensive plans that address both the financial and legal aspects of long-term care.