Mayagüez, Puerto Rico Elder Law Lawyers

What is the difference between guardianship and conservatorship?

Terminology varies by state, but generally: a guardian makes personal and healthcare decisions for someone who cannot do so themselves, while a conservator manages their financial affairs. Some states use different terms or combine both roles. These arrangements are court-supervised and should be considered only when less restrictive alternatives are insufficient.

How do I qualify for Medicaid to pay for nursing home care?

Medicaid eligibility for long-term care requires meeting both income and asset limits set by your state. There are rules about which assets are countable, what a spouse can keep, and look-back periods for asset transfers. Planning ahead — ideally years before care is needed — gives you the most options. An attorney who specializes in Medicaid planning can help navigate these rules.

What is Medicaid's look-back period?

Most states have a 5-year look-back period (California recently changed to 30 months). Medicaid reviews asset transfers made during this period, and gifts or below-market transfers can result in a penalty period during which Medicaid won't cover nursing home costs. Proper planning well in advance of needing care can help avoid these penalties.

How do I report suspected elder abuse?

Contact your state's Adult Protective Services (APS) agency or call the Eldercare Locator at 1-800-677-1116. If someone is in immediate danger, call 911. You can also report nursing home abuse to your state's long-term care ombudsman program. An attorney can help pursue civil remedies for damages caused by the abuse.

Can a nursing home take all of my parent's money?

Nursing home costs are significant, but there are legal protections. Medicaid rules protect a certain amount of assets for the healthy spouse (the "community spouse resource allowance"). Proper planning can preserve additional assets. An attorney can evaluate your family's situation and explain what protections are available in your state.

What rights do nursing home residents have?

Federal law gives nursing home residents rights including: proper medical care, freedom from abuse and unnecessary restraints, privacy, the right to manage their own finances, the right to voice grievances without retaliation, and the right to remain in the facility absent specific grounds for discharge. State laws often provide additional protections.

When should we start planning for long-term care?

The earlier the better. Medicaid's look-back period means that transfers made within 5 years of applying can create penalties. Long-term care insurance is more affordable when purchased at younger ages. Even if care isn't needed for years, having powers of attorney and healthcare directives in place ensures someone can act on your behalf if needed.

What is a power of attorney and when is it too late to get one?

A power of attorney authorizes someone to make decisions on your behalf. To sign one, a person must have the mental capacity to understand what they're signing. Once someone loses capacity, it's too late — the only option then is court-supervised guardianship or conservatorship, which is more expensive and time-consuming. This is why early planning is so important.