Elder law attorney: any advice?

As an RN, I would encourage you to talk together about what kinds of procedures you want and do not want if unable to make decisions. Things like IV fluids, tube feedings, intubation with mechanical ventilation come to mind. One note - please do not decide on half-way CPR. Either decide to allow full CPR (chest compressions, mechanical ventilation, medications and electrical "shocks") or none at all. Halfway CPR does not work. After deciding what you want, then get an advanced directive from your lawyer that outlines your wishes.

PenelopeCarr: You are on target for lining up everything regarding your husband's increasing health needs by retaining an elder law attorney. You will want to ask about all the ramifications regarding Medicaid should you need to file for it.

Here are a few ideas from an estate planning angle.
Just to make sure, check with your state's attorney licensing board to see if this attorney has ever had discipline issues.
The attorney should send you a client engagement letter that explains what the attorney will be doing for you and states the fee arrangements.
The more organized you are before you walk into the attorney's office the better. Call ahead of time to find out what documents to bring.
For example, bring a copy of all your estate planning documents to date (wills, medical and financial POAs).
Be prepared to discuss any accounts in which beneficiaries are named such as bank or investment accounts. You want to make sure that you have named beneficiaries and successor beneficiaries for all POD and TOD accounts.
If you don't have one, ask about an advance directive (living will) for each of you.
If you have any trusts, bring copies with you.
Discuss life insurance as a part of your estate plan.
Know how your real property is titled.
If you have pets that you think will outlive you, ask about a pet trust.
Unless you have your funeral and burial instructions in your will already, ask about a separate document stating your instructions.
If you or your husband are retired military, you'll want to find out if the attorney has experience in this area.
I recommend you check with your tax professional to make sure that any planning you do will not have a negative tax impact.
If your primary concern is Medicaid planning, ask how long the attorney has practiced Medicaid law in your state.

If you are like me, you want to know how to arrange your finances so that you can pay for his care, either at home or in a facility, without bankrupting yourself.

Where I live (NY) all retirement accounts are non-countable for Medicaid. I did not know this before I talked to an Eldercare attorney.


You want to make sure that you have enough money to live on if he needs care.

Make sure and get a HIPAA release that never expires and have DPOA and HIPAA specifically state they are intended to be valid in any jurisdiction presented.

Ask about asset separation for Medicaid.

I would also get a Durable Mental Health POA. This will help you if/when your husbands MCI progresses and they can not be revoked.