Elder Law Attorneys Delaware Wills Trust Powers of Attorney Advanced Health Care Directives Guardianships|Procino Wells & Woodland| Living Will Medical Directive

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Planning today to protect your family's tomorrow.

Page Title
Areas of Practice:

Elder Law

Asset Protection Planning

Estate Planning

Estate & Trust Administration


Medicaid Planning
The costs of long term care are staggering and can quickly deplete your life savings.  Often times, families become destitute before ever applying for government benefits.  With proper planning, this does not have to happen.  There are a number of legal and ethical strategies available to … [read more]
VA Pension Planning
The Department of Veterans Affairs (“VA”) offers many benefits to veterans and their surviving spouses.  Unfortunately, more times than not, eligible individuals do not realize the benefits available to them… [read more]
Estate Planning
We believe at Procino-Wells & Woodland, LLC, that everyone over the age of eighteen (18), regardless of health or wealth, should create a well-rounded estate plan… [read more]
Guardianships
The Power of Attorney is sometimes referred to as the most important estate planning tool.  That’s because it allows the creator to appoint another individual as his agent, authorizing the agent to make legal and financial decisions upon the creator’s future incapacity, inability, or unwillingness to make those decisions for himself.  The authority granted in a Power of Attorney is often quite broad and given to someone who is trustworthy.

When a thorough Power of Attorney does not exist, or sometimes when one does exist, but conflict arises, a guardian must be appointed by the Court of Chancery to manage the affairs of incapacitated persons. The person desiring to be appointed as the guardian must petition the Court and provide evidence that the incapacitated person is truly incapable of being in charge of his own affairs.  Once appointed, the guardian must account to the Court on an annual basis for the disabled person’s lifetime.
 
Whereas a Power of Attorney is a private way to decide who will have the authority to act for you if you become incapacitated, a guardianship is a public proceeding and the person appointed as your guardian may not be the person you would have chosen.  Guardianship proceedings can also be costly and are always subject to the Court’s supervision.
 
We at Procino-Wells & Woodland, LLC will provide you with knowledgeable advice regarding this process, as well as assist you in and out of the courtroom by representing your interests and being sure all the necessary paperwork is taken care of. It is our goal to walk you through this process with your success in mind, handling your case with the utmost care and respect.
Miller Trusts (a/k/a Qualified Income Trusts)
Because Medicaid is a need based program, certain eligibility rules apply which limit the amount of income and assets an applicant can own to be eligible for benefits.  Delaware is an “income cap” state for Medicaid eligibility.  That cap limits Medicaid assistance for long term care to adults with gross monthly income below a certain amount.  A person with monthly income above the cap amount does not initially qualify for Medicaid benefits.
 
Often though, even if a person has income which exceeds the applicable income cap, their income is insufficient to fully pay their monthly expenses.  In those cases, the law allows income to be placed in a Miller Trust.  The trust arrangement helps a person qualify for Medicaid even if his income is too high.  This trust allows that person, when he is otherwise qualified for Medicaid, to meet the income limit and get Medicaid assistance.
 
Miller Trusts are probably the most highly confused legal document.  As explained above, they are established to satisfy Medicaid’s income eligibility rules.  They are not created until Medicaid benefits are being sought and they do not protect or shelter assets in any way.
Miller Trust Brochure
Top 10 Questions to Ask Your Elder Law Attorney
1.       Does your firm focus only on this area of the law?
 
2.      Are you a solo practice or do you have a team of professionals working on my case? What steps/process will I follow?  Who will be my point of contact?
 
3.      Do you offer educational events in my local community?
 
4.      What steps do you take to remain up-to-date on current state and federal law, and Medicaid rules?
 
5.      What kinds of planning strategies do you use to shelter assets?
 
6.      What protections are offered to the healthy spouse?
 
7.      What is the likely outcome of my case based on the facts I have shared with you?
 
8.      Does the pricing I have been quoted include the funding of my Trust?
 
9.      What is your success rate of avoiding probate when a client passes?
 
10.   Do you offer an Estate Planning Maintenance Program?
 
Click here for a printable PDF.