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Elder Law

Our firm assists clients in evaluating the options available for long term care support and services including home care, assisted living, nursing homes, and retirement communities. We will also help you understand the public benefit programs, including Medicaid, Veterans Administration and state based programs that may help in paying for care, advise you of the planning options available for asset protection and assist you in accessing the benefits.

Medicaid Long Term Care
Our firm will advise you on how to obtain Medicaid Long Term Care benefits to pay for nursing home care. The Medicaid Long Term Care program is a Federal/State program that has stringent eligibility rules. In order to obtain benefits individuals must meet three eligibility tests: technical, medical, and financial. Applications are made to the local Department of Social Services which is under the Maryland Department of Human Resources, but the policy is made by the Maryland Department of Health and Mental Hygiene. Our attorneys are experienced in developing plans to preserve the maximum amount of assets for individuals, spouses, family members and persons with disabilities and obtain Medicaid benefits. We will assist you in implementing the plan and represent you in making the application for benefits as well as provide advice and guidance throughout the process.

Medicaid Waivers for Home and Community Based Services
Maryland has several Medicaid Waiver programs that may assist in paying for community based care at home or in assisted living. Applications are made with different local agencies depending the program for which you are applying. The policy is made by the Maryland Department of Mental Hygiene. Our attorneys will advise you of the programs that may be available in your case, help you understand the eligibility rules and assist you in applying for benefits.

Asset Protection
Our firm will work with you to develop an asset protection plan that may enable you to preserve your assets and obtain the care you may need now or in the future. Our attorneys will gather information regarding your health care needs, family, income and assets to develop a plan specific to your needs. If Medicaid benefits may be needed, we will review the program rules as they apply to your specific situation including the impact of any gifts made during the look back period and discuss the pros and cons of different planning options.

Our attorneys can review different asset protection tools and evaluate whether they may be of assistance in your case. It is important to understand that every situation is different. Potential planning options may include:

  • implementing a gifting program
  • purchasing an immediate payment annuity
  • transferring assets to a disabled child
  • placing assets in a special needs trust
  • personal care contracts
  • promissory notes
  • retitling assets
  • disinheriting an ill spouse
  • paying privately for care
  • purchasing long term care insurance
  • moving to a continuing care retirement community

Our focus is to ensure that you get the care that you need while preserving your assets to the extent possible. There may be tax consequences associated with some of the planning recommendations. Our attorneys will review this with you and may recommend that you consult with a CPA to assist you in assessing the tax consequences of liquidating and/or retitling assets. We will also assist you in working with your professional advisors.

Once you have chosen a course of action, we will help you implement the plan. Our attorneys will assist by preparing the appropriate legal documents. We will guide you through the Medicaid spend down, prepare and submit the Medicaid application and represent you before the Department of Social Services. If you purchase long term care insurance we will provide you with referrals for long term care insurance agents, recommend certain policy provisions and review the policy terms with you. If you plan on moving to a continuing care retirement community, we will assist you in the application to the community, review the contract terms with you and provide advice on other issues that may arise with your application to or stay at the community.

Long Term Care Insurance
Long Term Care Insurance (LTCI) is a valuable asset preservation tool and the new LTCI partnership policies allow for increased asset protection under the Medicaid Long Term Care Program. LTCI provides coverage for individuals with chronic illnesses or disabilities who need assistance with activities of daily living, assisted living or nursing home care. Our firm will review your circumstances, advise you regarding this option, and provide referrals for long term care insurance agents.

Continuing Care Retirement Communities
Retirement Communities provide independent living and long term care services in one setting. Some communities can also help protect your assets if long term care is needed. Our attorneys will assist you in understanding how these communities work, review the contract(s) with you and advise you on other matters relating to your application to and stay at the community.

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410 337 8900

What our clients say…

Testimonial1

“We were very pleased with the firms professionalism and courteous way we were treated. We would recommend your firm to our friends and family.”

Testimonial2

“Thanks so very much for all of your work with this tremendous achievement. Our family is very blessed to have you in our world and Angelo would thank you for our family if he could. Your amazing efforts and perseverance on this case were outstanding. Thank you!”

Testimonial3

“My mom and I just wanted to thank you for everything you have done for our family. We would have been lost without you, and your guidance and understanding throughout the last several months meant a lot to us. Thank you also for the kind professional courtesy on the last billing statement – that was most kind. I’m sure I’ll be calling you down the road for help later with mom (but hoping that will be a while) and with our own future planning. Thank you again for everything.”

Testimonial4

“I just want to thank you and your paralegal staff again for all the help you were to me and to my family. Your advice on the gifting process and all your work in navigating the Medicaid application in general was very greatly appreciated. Having all that work done prior to my dad’s death has made things a whole lot easier for all of us. Although he was never in a position to know anything about what was going on, I’m sure my dad would also have truly appreciated all the kindness and patience shown to us by you and your staff.”

Testimonial 5

“Many thanks to you and Kandace for all of your help during this matter. Your professionalism, helpful guidance and assistance made a trying and stressful situation much easier to handle. I would not hesitate to recommend your firm to anyone else facing elder care issues.”

Testimonial 6

“No words to express how terrific your whole team has been, both legally — and in terms of your compassion, patience, and understanding.

Thanks again!”

Testimonial 7

“Kandace was instrumental in helping my parents move into a retirement/medical facility when my Dad had his stroke. She took care of everything from finances to wills. We never could have successfully settled my parents without her guidance and knowledge. Her firm also helped my neighbor with their long term care needs as well. A-plus Service!”

C. Supik

Testimonial 8

“I have greatly appreciated Phyllis Erlich’s legal counsel since 2006 for my mother and legal needs. You have always been friendly, caring and professional. I never hesitated to recommend your law firm to my friends.”

Testimonial 9

“Phyllis and Jeannette are outstanding professionals. They were as always (we go back to ‘96) a pleasure and a blessing to work with. I’m glad to know them both.”

Testimonial 10

“Greetings Kandace…I was speaking with a client yesterday who is the third or fourth client to mention your name; praising the work you have done with their parents or significant other. Being in this business for 11 years now, it is not very common to hear constant praise for someone tied to the financial industry. Just wanted to thank you for the work that you do! Well done!”


What our clients say…

Testimonial1

“We were very pleased with the firms professionalism and courteous way we were treated. We would recommend your firm to our friends and family.”

Testimonial2

“Thanks so very much for all of your work with this tremendous achievement. Our family is very blessed to have you in our world and Angelo would thank you for our family if he could. Your amazing efforts and perseverance on this case were outstanding. Thank you!”

Testimonial3

“My mom and I just wanted to thank you for everything you have done for our family. We would have been lost without you, and your guidance and understanding throughout the last several months meant a lot to us. Thank you also for the kind professional courtesy on the last billing statement – that was most kind. I’m sure I’ll be calling you down the road for help later with mom (but hoping that will be a while) and with our own future planning. Thank you again for everything.”

Testimonial4

“I just want to thank you and your paralegal staff again for all the help you were to me and to my family. Your advice on the gifting process and all your work in navigating the Medicaid application in general was very greatly appreciated. Having all that work done prior to my dad’s death has made things a whole lot easier for all of us. Although he was never in a position to know anything about what was going on, I’m sure my dad would also have truly appreciated all the kindness and patience shown to us by you and your staff.”

Testimonial 5

“Many thanks to you and Kandace for all of your help during this matter. Your professionalism, helpful guidance and assistance made a trying and stressful situation much easier to handle. I would not hesitate to recommend your firm to anyone else facing elder care issues.”

Testimonial 6

“No words to express how terrific your whole team has been, both legally — and in terms of your compassion, patience, and understanding.

Thanks again!”

Testimonial 7

“Kandace was instrumental in helping my parents move into a retirement/medical facility when my Dad had his stroke. She took care of everything from finances to wills. We never could have successfully settled my parents without her guidance and knowledge. Her firm also helped my neighbor with their long term care needs as well. A-plus Service!”

C. Supik

Testimonial 8

“I have greatly appreciated Phyllis Erlich’s legal counsel since 2006 for my mother and legal needs. You have always been friendly, caring and professional. I never hesitated to recommend your law firm to my friends.”

Testimonial 9

“Phyllis and Jeannette are outstanding professionals. They were as always (we go back to ‘96) a pleasure and a blessing to work with. I’m glad to know them both.”

Testimonial 10

“Greetings Kandace…I was speaking with a client yesterday who is the third or fourth client to mention your name; praising the work you have done with their parents or significant other. Being in this business for 11 years now, it is not very common to hear constant praise for someone tied to the financial industry. Just wanted to thank you for the work that you do! Well done!”