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The Potter Law Firm

North Carolina and Kentucky Estate Planning Attorneys

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Home » Elder Law

Advocacy Groups Call for the Eradication of the Medicaid Estate Recovery Mandate

December 3, 2021 by John Potter

Medicaid estate recovery

Elder law attorneys counsel clients who are concerned about potential long-term care costs. Many elders reside in nursing homes toward the end of their lives, and the costs can be devastating. Medicare will not cover the custodial care that nursing homes and in-home caregivers provide so this is not the solution. Many people need Medicaid assistance because this government program for people with limited resources will pay for long-term care. Eligibility Parameters The Medicaid asset limit … [Read more...] about Advocacy Groups Call for the Eradication of the Medicaid Estate Recovery Mandate

Filed Under: Elder Law Tagged With: Medicaid estate recovery, Medicaid Planning, nursing home asset protection

An Overview of 2022 Medicare Cost Increases

November 24, 2021 by Pamela Potter

Medicare Part B premiums

There was some good news to share about the Social Security cost of living adjustment for 2022, but out-of-pocket Medicare costs are another matter. The program has release the parameters for the new year, and we will take a look at them here. Medicare Part A The portion of the program that covers hospitalization is Medicare Part A. There is no premium unless you have not earned eligibility and you want to pay for this coverage. However, beneficiaries are required to pay a deductible per … [Read more...] about An Overview of 2022 Medicare Cost Increases

Filed Under: Elder Law Tagged With: 2022 Medicare out of pocket expenses, nursing home asset protection

Elder Financial Abuse Is a Looming Threat

November 22, 2021 by Pamela Potter

elder financial abuse

There are few things that are more appalling than the idea of someone taking advantage of senior citizens. As abhorrent as it may be, elder financial abuse is very common, and you should understand the facts so you can take preventative measures. Massive Losses A MetLife Mature Market Institute Study published in 2009 got a lot of attention because it focused on the previously ignored subject of elder financial abuse. The groundbreaking research placed an estimate of annual losses at $2.6 … [Read more...] about Elder Financial Abuse Is a Looming Threat

Filed Under: Elder Law Tagged With: elder financial abuse, Incapacity Planning

This VA Benefit Can Give Seniors a Boost

August 19, 2021 by John Potter

Veterans Pension

Long-term care is a major elder law concern. About 70 percent of seniors will need help with their day-to-day needs, and more than one third will require nursing home care. A year in a nursing home in the Charlotte, North Carolina area comes with a price tag of about $100,000, and the figure is $80,000 for Ashland, Kentucky. One year is the average length of stay, and of course, a married couple may receive two different sets of nursing home bills. In-home care is another option for some … [Read more...] about This VA Benefit Can Give Seniors a Boost

Filed Under: Elder Law Tagged With: VA Aid and Attendance pension, VA Housebound pension, veterans pension

Will Medicare Cover Living Assistance?

August 9, 2021 by John Potter

long-term care planning

When you work and pay FICA or self-employment taxes, you get something in return for your contributions. In 2021, you receive one credit for every $1470 you pay taxes on, and the maximum annual accrual is four credits. You become eligible for Social Security and Medicare when you have 40 credits. For Medicare, the eligibility age is currently 65, though there are proposals to reduce the eligibility age. The age at which you can qualify for Social Security is not as simple and … [Read more...] about Will Medicare Cover Living Assistance?

Filed Under: Elder Law Tagged With: Medicaid Planning, Medicare limitations, nursing home asset protection

Longevity Statistics Shed Light on Nursing Home Asset Protection

July 22, 2021 by John Potter

nursing home asset protection Medicaid planning

People have a tendency to project strength, and this can be a positive attribute in many instances. However, as you get older, the air of invincibility can start to become dangerous because no one can escape the eventualities of aging. Life Expectancy You probably expect to be able to enjoy active pursuits during your retirement years, and it can be hard to imagine a time when you will have significant physical limitations. It becomes easier when you understand the life expectancy for someone … [Read more...] about Longevity Statistics Shed Light on Nursing Home Asset Protection

Filed Under: Elder Law Tagged With: Home and Community Based Services Waiver, Medicaid Planning, nursing home asset protection

Medicaid Answers: Can a Married Person Keep Their Spouse’s Income?

June 11, 2021 by Pamela Potter

monthly maintenance needs allowance

We are going to answer a common question about one aspect of the Medicaid guidelines in this post. However, before we focus on this particular subject, we should provide an overview so you understand why many people seek Medicaid eligibility late in their lives. Long-Term Care Most senior citizens will need help with their activities of daily living, and 35 percent of elders will eventually reside in nursing homes. You can expect to pay over $70,000 for a year in a nursing home in Kentucky or … [Read more...] about Medicaid Answers: Can a Married Person Keep Their Spouse’s Income?

Filed Under: Elder Law Tagged With: Community Spouse Resource Allowance, Medicaid Planning, Monthly Maintenance Needs Allowance

What Is the 2021 Medicaid Asset Limit?

May 26, 2021 by Pamela Potter

Medicaid planning

Some people are surprised to hear that Medicaid is very relevant to senior citizens who will qualify for Medicare. Why is this the case? Medicare will not pay for a long-term stay in a nursing home, and these facilities are very expensive. Medicaid Asset Limit Medicaid is intended for people with very sparse monetary resources so there is a modest asset limit. We have elder law offices in North Carolina and Kentucky. The limit in both of these states is $2000, and there have been no changes … [Read more...] about What Is the 2021 Medicaid Asset Limit?

Filed Under: Elder Law Tagged With: Medicaid asset limit, Medicaid Planning, nursing home asset protection

Elder Care Planning: Get Past the Mental Barrier

April 19, 2021 by John Potter

elder care planning

The aging process is easy to perceive from a distance, but when you are in the middle of it on a day-to-day basis, it is not so easy to see. Your instinct is to keep yourself in shape, and you never really think about natural forces working against you as the years pass. This dynamic makes it hard to wrap your head around the eventualities that are simply part of the human condition because you don’t want to “give up.” At the same time, when there is a potentially difficult road ahead, it … [Read more...] about Elder Care Planning: Get Past the Mental Barrier

Filed Under: Elder Law Tagged With: elder care planning, nursing home asset protection

Don’t Make Assumptions About Medicare

March 23, 2021 by John Potter

Medicaid planning

It can seem as though the system is set up to make sure that your bases are covered during retirement if you do your part. Social Security will provide some monthly income, and Medicare will serve as a source of health insurance. In some ways, this arrangement is effective, but you should understand all the facts so you do not make overly rosy assumptions about the extent of Medicare coverage. Out-of-Pocket Costs There are some significant out-of-pocket costs that go along with Medicare … [Read more...] about Don’t Make Assumptions About Medicare

Filed Under: Elder Law Tagged With: Medicaid Planning, Medicare limitations, nursing home asset protection

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Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.

DKS & KMS Client Review August 28, 2020

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John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.

David J. Client Review August 28, 2020

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My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.

Jillian Client Review August 28, 2020

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Ashland

ASHLAND
1620 Carter Avenue
Ashland, KY 41101-7631
Phone: (606) 324-5516
Fax: (606) 324-4766

Charlotte

CHARLOTTE
15720 Brixham Hill Avenue
Suite 300,
Charlotte, NC 28277
Phone: (704) 944-3245

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HUNTERSVILLE
11330 Vanstory Drive
Huntersville, NC 28078
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NORTHERN KENTUCKY
7310 Turfway Road
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Florence, KY 41042
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