Elder law encompasses the legal issues that affect older adults and their families, including asset protection, long-term care planning, powers of attorney, and coordination between estate plans and changing care needs. At Ament Law Group, we help families plan proactively to protect what they've built — and when Medicaid or complex benefits questions arise, we evaluate the situation and connect you with the right specialist if needed.
What is Elder Law?
Elder law addresses the unique legal needs of aging individuals and their families. It includes planning for long-term care costs, protecting assets from the expense of nursing home care, ensuring that powers of attorney and healthcare directives are in place and current, and coordinating estate plans with evolving care needs.
At Ament Law Group, our elder law practice focuses on proactive planning — helping families make informed decisions before a crisis forces their hand. When a situation requires specialized Medicaid eligibility work or guardianship proceedings, we evaluate your family's circumstances, provide initial guidance, and refer you to trusted colleagues who handle those matters exclusively if that is the best path forward.
Medicaid and Long-Term Care Considerations
Medicaid is a joint federal and state program that pays for long-term care for individuals who meet strict income and asset limits. In Pennsylvania, Medicaid eligibility rules are complex — including a five-year look-back period on asset transfers, community spouse protections, and specific asset and income thresholds that change annually.
We help families understand how Medicaid interacts with their existing estate plan and identify steps that can be taken proactively — such as irrevocable trust planning, asset retitling, and beneficiary designation review — to protect assets before a care need arises. When a family faces a more complex Medicaid situation, including crisis planning or an active Medicaid application, we evaluate the circumstances and, when appropriate, connect them with attorneys who specialize exclusively in Medicaid eligibility and benefits.
Guardianship
When an adult becomes incapacitated and has not executed a durable power of attorney or healthcare directive, it may be necessary to petition the court for the appointment of a guardian. Pennsylvania's guardianship statute (20 Pa.C.S. § 5501 et seq.) provides for guardianship of the person, guardianship of the estate, or both. The process involves filing a petition, providing notice to the alleged incapacitated person and their family, and a hearing before the Orphans' Court.
We represent families seeking guardianship and guide them through the court process with sensitivity and efficiency. We also counsel families on alternatives to guardianship, including supported decision-making and limited guardianship arrangements that preserve as much of the individual's autonomy as possible.
Long-Term Care Planning
The cost of nursing home care in Pennsylvania averages over $12,000 per month, and these costs can quickly deplete a lifetime of savings. Planning ahead — ideally five or more years before care is needed — gives families the most options for protecting assets while ensuring access to quality care.
Our long-term care planning services include reviewing your current estate plan for long-term care implications, analyzing asset ownership and beneficiary designations, exploring long-term care insurance options, and developing a comprehensive plan that balances care needs with asset preservation. For families facing an immediate care need, we assess the situation and connect you with the right resources — whether that means adjustments to your existing plan or a referral to a Medicaid eligibility specialist.
Common Questions
Families frequently ask us whether a nursing home can take their house. In most cases, your primary residence is an exempt asset for Medicaid eligibility purposes while you or your spouse lives there. However, the state may seek recovery from your estate after death through its estate recovery program. Proper planning can often protect the home from estate recovery.
Another common concern is whether it is too late to plan. While five years of lead time provides the most options, steps can still be taken even when care is needed sooner. The key is to have the conversation early — we can evaluate your situation, explain what's possible, and if the matter requires specialized Medicaid work, connect you with an attorney who handles that exclusively.
What to Expect When You Work With Us
Free Consultation
We sit down with you and your family to understand your situation, your loved one's health, living arrangements, financial picture, and what keeps you up at night. Consultations are available at our Murrysville office, by video call, or in your home or care facility when mobility is a concern. There is no cost and no obligation for this conversation.
Strategy & Options
We explain your options in plain language, whether that's asset protection planning, trust restructuring, a referral to a Medicaid specialist, or a combination. You will understand the tradeoffs, timelines, and costs before making any decisions.
Plan Implementation
Once you decide on a path forward, we handle the paperwork, trusts, asset transfers, applications, and court filings. We keep you informed at every step and work within your timeline.
Ongoing Support
Elder law situations evolve. Whether your loved one's care needs change, new planning opportunities arise, or your estate plan needs updating to reflect changed circumstances, we remain available to your family for as long as you need us.
Call (724) 733-3500 or schedule a free consultation to discuss your family's situation.
Situations We Help Families Navigate
Every elder law case involves a unique combination of family dynamics, financial circumstances, and timing. Here are the types of situations we regularly assist families with:
- Proactive asset protection: A healthy couple in their late sixties wants to protect their home and savings in case either spouse eventually needs long-term care. We design an irrevocable trust and asset protection strategy that preserves their estate while ensuring they maintain access to income and continue living in their home.
- Estate plan review for aging parents: An adult child realizes their parents' estate plan is 15 years old and doesn't account for current health concerns, changed asset values, or the possibility of long-term care. We update the plan to address these realities — including powers of attorney, beneficiary designations, and trust structures that provide flexibility as circumstances evolve.
- Sudden health crisis: A parent suffers a stroke and is transferred to a skilled nursing facility. The family needs to understand their financial exposure, coordinate care decisions, and determine whether the existing estate plan provides adequate authority and protection. We assess the situation, address what we can, and refer the family to a Medicaid eligibility attorney if benefits planning is needed.
- Protecting the community spouse: When one spouse enters a nursing home, the community spouse needs to understand what assets and income they can retain. We help families understand the rules, coordinate with Medicaid specialists when needed, and ensure the healthy spouse's financial security is protected.
Frequently Asked Questions
Will Medicaid take my house?
Your primary residence is generally an exempt asset for Medicaid eligibility while you or your spouse lives there. However, Pennsylvania's Department of Human Services may seek recovery from your estate after death through its estate recovery program. With proper planning; such as transferring the home to an irrevocable trust or utilizing other strategies, we can often protect the home from estate recovery. The key is planning ahead, ideally at least five years before care is needed.
Is it too late to do Medicaid planning if my parent is already in a nursing home?
No. While five years of lead time provides the most flexibility, crisis planning strategies can still preserve a meaningful portion of the family's assets. These strategies may include spend-down planning, purchasing exempt assets, establishing compliant annuities, or utilizing community spouse protections. Every day matters, so consulting with an elder law attorney as soon as possible after admission is essential.
What is the difference between a guardianship and a power of attorney?
A power of attorney is a document you sign voluntarily while you have capacity, designating someone to act on your behalf. A guardianship is a court proceeding initiated after someone has already become incapacitated and cannot manage their own affairs. Guardianship is more expensive, more time-consuming, and more restrictive than a power of attorney. This is why we strongly recommend executing a durable power of attorney and healthcare directive as part of every estate plan, to avoid the need for guardianship entirely.
Call (724) 733-3500 or contact us online to schedule an elder law consultation.
Can I use AI or online resources for Medicaid planning?
Medicaid eligibility involves a five-year lookback period, complex asset and income calculations, spousal impoverishment protections, and rules that change regularly at both the state and federal level. AI tools and online articles can describe these rules in general terms, but they cannot evaluate your specific financial picture, calculate a compliant spend-down strategy, or prepare the irrevocable trust structures that may protect your assets while preserving eligibility. Online legal services explicitly disclaim that they are not law firms and do not provide legal advice, and Medicaid planning is precisely the kind of work that requires both.
A mistake in Medicaid planning, transferring assets within the lookback period, failing to account for income limits, or using a trust that doesn't meet DHS requirements, can result in a penalty period that leaves a family paying out of pocket for care at $10,000 or more per month. When you're a customer of an online platform, there's no one to call when DHS issues a penalty notice. When you're a client of our firm, there is.