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G Brent Powers Law Office
3715 Beck Rd D-401, St Joseph, MO 64506
Q5QW+6R St Joseph, Missouri
18162330257
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We are here to help you, your family, make informed decisions and plan on Elder Law topics such as Medicaid planning, estate and asset protection. Our individual paths to our "golden year" are different. Unfortunately, it has become more difficult over the years. Our firm prides themselves on providing unique solutions and planning that are tailored to each client's needs. Contact us today if you have questions concerning your home, farm and real estate deeds. Click here for Page

Elder Law

Elder Law is a special practice that assists seniors with their legal issues. As we age, many issues arise that are not common in our younger years. These include housing, long-term care, wealth transfers and retirement. Elder Law addresses these and other issues that affect the elderly.

Many elderly people fear losing their savings and home if they require long-term or nursing home care. They don’t want to be a burden to their children, family, and society.

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With his thoughtful and skilled advice, Brent has brought peace of mind to thousands families in Saint Joseph and Northwest Missouri. Over 30 years of experience in working with senior citizens to create estate plans, real property transfers, deeds.

Brent can help you create a plan that suits your needs and learn more about Elder Law.

Nursing Home Medicaid Planning Planning for Medicaid and long-term care is a good idea. This is especially true if a parent or spouse may require nursing home care. Many people don’t plan for long term care, and they are often misinformed about the process of Medicaid. Many families don't know who is eligible for nursing home Medicaid planning or how it can benefit them or their family. It is crucial to hire a nursing home attorney who has experience and is committed to helping families.

Brent has helped many families save thousands of dollar through effective nursing home Medicaid planning. Brent, as a Nursing Home Lawyer, would recommend the following key points regarding Medicaid:Brent, a lawyer for nursing homes, has some tips to help you remember the basics of Medicaid. Most of what you hear from others about nursing home Medicaid are well-meaning, but they are almost always wrong.

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It is almost never too late or too early to plan.

Even if your loved one moves to a nursing facility, they can still be eligible for Medicaid assistance.

It is vital to understand legal protections available to the spouse and loved ones of nursing home residents. People often fear that their loved one or spouse will move into a nursing home, and they may lose their home and financial savings. This is almost impossible to prevent in most cases.

There are many financial safeguards available for couples and elderly without jeopardizing Nursing Home Medicaid eligibility.

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Division of Assets

1988 was the year Congress passed the "Spousal ImpoverishmentAct". This law was, despite its title, designed to prevent married couples from having their entire financial assets expended before one of them can qualify for nursing-home Medicaid. The "Community Spouse" can retain a portion of the couple’s resources while the "Institutionalized Spouse", who is eligible for Medicaid, can receive benefits.

The law also established limits on the assets the Community Spouse can retain, if the Institutionalized Spouse will be eligible for benefits. These limits are known as the Community Spouse Resource Allowance, (CSRA). Missouri's 2020 Community Spouse Resource Allowance (CSRA) allows for a minimum of $25,728 and a maximum amount of $128.640.00. This amount will be adjusted each year for inflation or the cost to live. Missouri Medicaid allows for a Division of Assets to be used to determine how much the Community Spouse is allowed to keep.

The Division of Assets begins on the day that the Medicaid applicant is admitted to a hospital or nursing home for at most 30 consecutive days. The spouses' countable assets (which does not include a small amount of assets that may be exempt) is divided into two. Each spouse gets their share. It doesn't really matter who the asset belongs to, as the assets of both spouses are combined in determining the Division. This means that assets will be reduced for the spouse with more assets. To ensure everyone's protection, it is essential to work with an Elder Law lawyer during this process. According to the Wall Street Journal, 86% of widows are below the poverty line due to the cost of caring for their spouses.

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Consider John and Mary, a married couple, with $300,000 of financial assets. John suffers from dementia and requires nursing home services. The Medicaid caseworker is going to allocate $300,000 in financial assets, and attribute $128.640 to Mary (as her CSRA) and $171.360 to John. John must also have less than $5,000 to be eligible. John's assets will be credited to the family and they will be required to spend $166 360. John and Mary will be required to spend 55% of the savings they have made in order to qualify for Medicaid. If the Community Spouse's assets are reduced by this amount, it's easy to see how 86% end up living below poverty due to their spouse's health care expenses.

John and Mary don't have any need to spend their entire life savings if they are able to plan well and get the advice of an experienced Medicaid Asset Protection attorney, such as G. Brent Powers. It is crucial to plan ahead and use the correct legal documents and strategies to avoid a costly and embarrassing situation.

But what if the planning was not perfected in time? Can all hope be lost? It is not over. Mary could still retain nearly all her assets through the use of a "Marital Medicaid compliant Annuity", even though John is currently in a nursing home. G Brent Powers has both the expertise and experience to ensure Mary's safety and prevent her from becoming homeless.

Brent is always available to meet with clients before they apply or appear in court.

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Real Estate / Deeds

As people age, they start to think about how to transfer their property, farmland or other assets to their loved ones. Others might need assistance selling real property without a broker.

To find the best path for each family, it is important to assess their individual circumstances. Is it possible to gift property to your children right away? What happens when you or your spouse need long-term, or nursing home care. What living trust would be the best? What tax implications will a transfer of property have? Is it possible for the owner to finance the sale?

Brent has helped hundreds upon hundreds of families, over the years, make the right choice when it comes time to transfer a home or farm.

Estate Planning

Proper estate planning means maintaining control of your assets while living, continuing to provide for your care and your loved ones, even if incapacitated or disabled, distributing your property after your death to whom you want, when you want and the way you want at the lowest overall cost.

Planning must take into account your unique needs, wishes and assets. Only then can we decide what documents and strategies to use to ensure your planning works as you expect.

Brent can also help you to create a proper estate plan.

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Administration of trusts

Brent is available to help you determine the best way for your affairs to be managed. This will prevent future problems, unnecessary expenses, and skill gaps.

Since 1980, Brent Powers has been practicing law in Saint Joseph and Northwest Missouri.

His career began as a trial attorney. However, due to his parents' needs and the many referrals, he moved to Elder Law, Medicaid nursing homes planning and Division of Assets.

He was president of Saint Joseph Bar Association.

Brent is a native Missourian, having grew to be a Saint Josephian.

He is a Central High School grad, who received his undergraduate degree and his law degree from the University of Missouri, Kansas City.

He is an active member of the National Academy of Elder Law Attorneys

These national organizations provide education and training as well as a network of experts for member attorneys in order to assist seniors and people with special disabilities.