Good Counsel

never gets old.

They say the best years are behind you. We beg to differ. Golden Years Elder Law helps you plan and manage for the future.

Elder law is all we do. So, we’re 100% focused on ensuring our seniors and their families get the advice and guidance they need to navigate the legal landscape of growing old. And unlike larger law firms, we take a personal, hands-on approach to senior legal services—no outsourcing or handing off to a paralegal.


Golden Years offers expertise in every area of elder law: Medicaid, trust and estate planning, long-term care planning – even special needs trusts for those with disabilities. We help take away the worries that come from aging so seniors and their families can continue to lead rich and rewarding lives.


MEDICAID

Golden Years offers extensive Medicaid expertise to help you determine eligibility, apply for benefits, and develop Medicaid planning strategies. We’ll also help put your mind at ease by dispelling some common myths you may have heard about Medicaid. Whether planning for Medicaid proactively or have more immediate needs, Golden Years will help guide you through the process.

TRUST AND ESTATE PLANNING

What will be your legacy? Golden Years is your go-to legal resource for matters related to trust and estate planning. We handle probate, living wills, trusts, power of attorney, healthcare surrogate, and more. Talk to us about trust and estate planning services that will secure your legacy in a way that meets your exact needs and the needs of those you leave behind.

LONG-TERM CARE PLANNING

No one can predict what their future health and personal needs will be. That’s why it’s important to make sure long-term care planning is in place well before care is needed. Golden Years will help eliminate the worries associated with aging through smart, thoughtful, and personalized guidance and planning.

NEGLIGENT CARE/NURSING HOME NEGLECT

Elder abuse, neglect and exploitation are real and growing problems in the United States. If you suspect an elderly loved one is the victim of abuse, turn to Golden Years for the legal representation you need to not only stop the abuse, but receive the compensation you and your loved one deserves.

PROBATE AND ESTATE ADMINISTRATION

Probate – the court-managed process where assets of the deceased are managed and distributed – can be a difficult and daunting endeavor. As a comprehensive elder law firm, Golden Years can help you expertly navigate the probate process when a loved one passes away.

VETERANS BENEFITS

Certified by the Department of Veterans Affairs, Golden Years is proud to offer assistance to veterans and their spouses. Golden Years can help in obtaining VA pension and benefits that you may be entitled to while carefully considering the effects such benefits can have on potential Medicaid benefits.

WITH AGE COMES WISDOM.

Choose the right counsel.

Hi, I'm Patrick

It is my sincere belief that you deserve the full attention of an experienced attorney to help with your important decisions. I know the importance of good counsel because I've spent much of my career as a trial lawyer - first as a prosecutor and later as an associate at a large regional firm. My years of experience as a public servant and a civil litigator help define my approach to elder law. I will be your aggressive advocate and a methodical strategist.



Unlike corporate law firms, I won't hand you off to a paralegal - I'll be with you every step of the way. I also believe that you shouldn't spend all of your money on legal matters which is why I don't charge as much as other law firms. So, call me and I'll help you get started on your own personal plan, so you can worry a little less about the future and get on with more pleasant things in your life.

502-996-6000 Or click here to email me

  • What is Medicaid?

    Medicaid is a means-tested federal program that will pay for nursing home care. Don’t confuse MedicAID with MediCARE (I know, these names are very easy to confuse).  Unlike MedicAID, MediCARE will not pay for extended nursing home care, in most cases. Medicare is a federal healthcare program that people pay into during their working years and generally become eligible for when they reach the age of 65.  Medicaid is a needs-based program to help impoverished Americans with medical and long-term care expenses.

  • Doesn’t Medicare provide coverage for long term care?

    Nope. Medicare does not provide coverage for long-term care, like skilled nursing home

     care. Medicare can pay for up to 100 days of skilled nursing care per illness, but there are some caveats. A patient must be hospitalized for an illness – admitted for at least three consecutive midnights – and the patient must receive a high level of care in a nursing home that couldn’t be provided at home or on an outpatient basis. After 20 days of skilled nursing home care, Medicare requires a LARGE copayment if the patient remains in skilled care on Medicare for the remaining 80 days.  However, nothing requires Medicare to pay for the 100 days or even the 20 days.  Medicare may, and frequently does, discontinue coverage even before the 20 days is up.

  • What is Medicaid Planning and is it legal?

    Sure it is -- at least as long as you do it right.  Elder law attorneys work to protect clients’ assets within the bounds of the law. Congress allows citizens to qualify for Medicaid after meeting certain requirements. Basically, Medicaid planning is a lot like estate planning to minimize taxes and maximize your legacy to your heirs.  Only here, you're minimizing your countable assets, sometimes using traditional estate planning tools and sometimes using strategies unique to Medicaid planning, to qualify for Medicaid long-term care benefits while preserving as much of your life savings as possible.

  • How long will it take to become eligible for Medicaid?

    There’s no simple answer as to how long it might take an individual to qualify for Medicaid. Every case, every individual is different.  There are many variables in every situation that must be taken into consideration and ultimately affect the eligibility timeline, including your assets, income and expenses, any asset transfers you’ve made to individuals or trusts, and more. Before applying for Medicaid, you should consult an elder law attorney (like us!). An attorney can help you understand both eligibility and the application process, and should be able to give you an estimate of the time frame you can expect.

  • Can my children take money out of our joint account without affecting my eligibility?

    If a child removes money from your joint account, that could be considered a non-exempt transfer. Currently, Medicaid has a “look back” period on transfers of assets within the past 60 months. This means that any gifts or other transfers of assets you made in the 60 months before you applied for Medicaid will be assessed in order to determine your eligibility. If you did transfer assets in the five year period before applying for Medicaid, you could be subjected to a penalty. Therefore, if you made a transfer of assets in the past five years, you should not apply for Medicaid without consulting an elder law attorney because the penalties could be severe.

  • Should I wait until I need Medicaid benefits before I see an elder law attorney?

    No, it’s never too soon (or too late) to consult an elder law attorney.  If you or a loved one anticipate needing Medicaid at any point in the foreseeable future, it’s prudent to seek the advice of a qualified elder law attorney. There are steps you can take to protect your assets which may not be available when you actually need Medicaid. Some of those steps may include transferring your assets or establishing trusts. An elder law attorney with expertise in Medicaid planning can evaluate your situation and advise you on the most prudent steps to take in order to preserve your rights and maximize benefits.

  • What is Probate?

    When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed.  The length of time needed to complete probate of an estate depends on the size and complexity of the estate as well as the rules and schedule of the local probate court.

Helpful Articles

Estate Planning Basics

By Patrick Hoerter • June 3, 2022
Golden Years Elder Law is a legal service provider, but we sell peace of mind too. Effective estate planning provides you the security of knowing that important decisions are in place and your legacy is protected for your loved ones. Whether you want to simply create a power of attorney or plan for all your assets by implementing a trust, we can help you determine the best plan that suits your needs. Estate planning can help your family avoid dealing with the courts, lawyers, and the lengthy process of probate altogether. By planning now you can ensure that your loved ones will not be burdened by dealing with the courts. Whether your estate is large or small, the benefits are many -- just a few include: You stay in control; Your loved ones can settle your estate without waiting on the courts; Your estate remains private; You decide who manages your estate when you’re gone.  If you’re reading this, you’ve made the first move toward getting peace of mind. Visit us for a free consultation and let us help you determine the best plan that suits your needs.

The Sooner The Better, But It’s Never Too Late

By Patrick Hoerter • June 3, 2022
We’ve all heard some version of the saying that nothing is certain except death and taxes. Neither is fun to think about, which is probably why most of us put off anything to do with either for as long as possible. I think this goes for getting older too – and thinking about what needs you or your loved ones might have as you age. Planning for long term care isn’t as bad as it seems – at least not as bad as death or taxes. Most of us probably can’t afford the cost of a skilled nursing facility, or if we can, not for very long. In Kentucky, the average monthly cost of a skilled nursing facility is $7,330 per month (I know, right?). Somewhat similarly, many of us have saved money most of our life and maybe own our own home too. With just slightly above average assets you won’t qualify for Medicaid. Medicaid is a needs-based program for impoverished Americans that will pay for long term care. So, what do you do if you’re not rich enough to afford long term care, but you don’t qualify for Medicaid? Blow your life savings on a nursing home until you qualify for Medicaid? (Sorry, kids. No more inheritance.) There is a middle road, you just have to know how to find it. The sooner you find it, the better. Even if you’re already in a nursing home, the middle road is still open to you. With the right help, you’ll get there. By working with Golden Years Elder Law, you’ll get the help you need to ensure that you can preserve as much of your life savings as possible without missing out on the government program that you helped pay for your entire working life. The sooner that you start to plan, the more likely it is that you can save and protect most of your assets. But even if you have a loved one in crisis, who is in immediate need of skilled care, draining all your loved one’s resources is not the only option. Even in a crisis we can help preserve assets, get you or your loved one qualified for Medicaid, and assist in every aspect of the application process. The sooner you act the more that we save together. Your circumstances might be best suited to placing assets in a trust, purchasing a specific kind of annuity, or both as well as other strategies to maximize what you can save. Hopefully aging is as certain as the other stuff. So, stop putting off planning for the future for yourself or your loved ones. Get started with us planning for your or your loved one’s long term care. Golden Years Elder Law is there for you whether your long term care needs are far into the future or right in front of you.

Contact Us

Let us know how we can help you. Simply fill out the email form, or call us at the number below, and we’ll get back to you as soon as we can. Thanks.

1534 Poplar Level Road

Louisville, KY 40217

Phone: 502-996-6000 

Fax: 502-996-5565

Patrick@GoldenYearsLegal.com

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