When a loved one suddenly needs nursing home care, families are often overwhelmed — emotionally and financially. It’s a situation no one is ever truly prepared for. Many believe that if they didn’t engage in proactive asset protection planning years in advance, they’ll have to spend everything they’ve worked a lifetime to build in order to get the care they or their spouse needs. However, in many cases, that’s not true.
At the Estate and Elder Law Planning Center, we help families protect their life savings — even if a loved one is already in the nursing home. Whether you’re planning ahead or in the middle of a Medicaid crisis, we help guide you through the legal and financial steps needed to secure care without losing everything in the process.
Nursing home care and even assisted living is shockingly expensive. For many families, the costs associated with long-term care quickly becomes unsustainable.
When it comes to long-term care, paying out-of-pocket can quickly deplete even a modest nest egg in a matter of months at today’s rates.
If you have long-term care insurance, it can cover much if not all of the costs. But most people do not have this specific type of insurance and by the time they need care, it is usually too late to obtain it.
Certain wartime veterans and their spouses may qualify for veterans benefits to help with long-term care costs. However, eligibility is limited and the benefit alone is often not enough to cover the full cost of nursing home care.
Another source of funding long-term care, for many families, is long-term care Medicaid. But qualifying for Medicaid isn’t automatic — and many people are told they must spend down everything before applying. That’s where we come in.
Medicaid is a joint federal and state program that helps pay for medical care for individuals. Unlike Medicare — which only covers short-term rehab after a hospital stay — Medicaid is the program that covers the cost of long-term care. That distinction is critical. Many families are shocked to learn that:
In Arkansas, Medicaid can cover:
The good news? You don’t have to go broke to get care. With the right legal strategies, it’s often possible to qualify for Medicaid benefits and protect a significant portion of your assets — even if you or your spouse is already in the nursing home.
One of the most common — and most harmful — myths we hear is that once someone needs care, it’s too late to protect their assets. That simply isn’t true.
Even if your loved one is already receiving care in a nursing home, there are legal strategies that may allow you to:
We call this Medicaid crisis planning — and we have an entire department dedicated to helping families with this type of planning.
This isn’t about hiding money or breaking rules. It’s about using the law to help families access care while preserving what they’ve worked a lifetime to build.
The sooner you start planning, the more options you may have. But it’s never too late to talk to an attorney about what options you may have to protect your resources — even if you’ve already started paying out of pocket or applied for Medicaid and been denied.
When a loved one needs long-term care, most families are left with more questions than answers — and very little time to figure it all out. That’s where we come in.
At the Estate and Elder Law Planning Center, we walk families through the Medicaid crisis planning process from start to finish. Our team helps:
We don’t just give advice and send you on your way — we guide you through the process step by step. Whether we’re helping protect a family home for a spouse, saving a modest nest egg for adult children, or helping a child who has been providing care, our goal is the same: to secure the care your loved one needs while protecting what they’ve worked so hard for.
Our primary location is based in Mountain Home, Arkansas, and the firm has been serving families right here in our own community since 1998. Our local presence means you’re not just a case file to us — we know your name, your story, and your goals. Our close-knit, hands-on approach allows us to provide a level of personal attention that’s simply not possible with out-of-town firms. Every case is personal. And so is the care we give our clients.
Long-term care and Medicaid planning isn’t something we do occasionally — it’s a core part of who we are.
At the Estate and Elder Law Planning Center, we focus exclusively on estate planning and elder law, which means our team is always making great effort to keep up to date on the latest legal tools and Medicaid policies. Families turn to us not only for guidance, but for peace of mind — knowing their plan is built on experience, precision, and a deep understanding of what’s at stake.
We don’t offer cookie-cutter plans or generic advice. We listen. We educate. And we craft strategies tailored to your family’s unique needs, finances, and goals.
And because we’re local, we don’t just meet our clients — we build lasting relationships with them. Whether you walk through our door for the first time or call us years later with a question, you’re treated with the same care, attention, and respect we would want for our own loved ones.
We’re also a full-service estate planning and elder law firm, which means we don’t stop at helping you protect assets from nursing home costs. Once the crisis is stabilized, we help ensure those assets are structured to avoid probate, minimize family conflict, and protect your legacy. And when the time comes, we’re here for your loved ones too — helping your selected representatives carry out your wishes through trust or estate administration.
We know this topic can feel overwhelming — and there’s a lot of misinformation out there. Below are some of the most common questions we hear from families facing long-term care decisions. These answers can help you better understand your options and know what to expect.
Not directly. Nursing homes don’t take property, but if the person is receiving benefits, the state may seek reimbursement through the estate recovery process after the person passes away — including from the home. The good news? With proper planning, it’s often possible to protect the home from that recovery, and it is, in many cases, easier than you might think.
No, it’s not too late. Even if your loved one is already receiving care, there are legal tools that may allow you to protect the home and preserve a significant portion of savings. This is known as Medicaid crisis planning, and we always recommend talking to an attorney that is experienced in that type of planning to see what options may be available to you. We offer a free initial consultation to discuss your specific circumstances to help determine if this type of planning can be beneficial to you or your loved one.
It depends on your situation — whether you’re single or married, and how your assets are structured. In most cases, a married couple can protect more of their assets, but with strategic legal planning, even single individuals can often protect more assets than most people realize. After analyzing your specific circumstances, our team can often give you a estimate of how much can be protected so that you can make the most informed choices possible.
Absolutely not. This is a common myth. The law allows protections for spouses who need long-term care — and we can often help preserve even more beyond the standard allowances by using specific tools authorized by the Medicaid rules.
Not without consequences. Medicaid looks back five years to see if assets were given away or transferred for less than fair market value, which can cause the applicant to be ineligible for Medicaid payments for a period of time — the “penalty period”. Therefore, as a general rule, gifting is not advisable because doing so may cause the person giving things away to be ineligible for Medicaid for a long period of time, even after they have no more resources to pay for care.
It can vary. In Arkansas, the rules say the state must issue a decision within 45 days of receiving a Medicaid application — but in practice, that deadline is rarely enforced. It’s not uncommon for the process to take several months, especially if the case is complex or if DHS requests additional information (which they almost always do).
The good news is that when we represent clients, we take an active role in managing the process. We prepare a thorough initial application, assist in gathering any additional documents DHS requests, and handle all communication with DHS on the client’s behalf — from start to finish, no matter how long it takes.
When it comes to long-term care, time isn’t just money — it’s peace of mind.
Whether your loved one has just entered a nursing home or assisted living, or you’re trying to plan ahead for the future, the sooner you get legal guidance, the more options you may have. Every day that passes without a plan can mean more money lost — and more stress for your family.
At the Estate and Elder Law Planning Center, we’re here to help you take control of a situation that may feel anything but. Our team understands the urgency, the emotions, and the high stakes. We’re ready to guide you — and your family — toward a solution that protects what matters most.
Set up an appointment in Mountain Home today by calling (870) 425-2460 or toll free at (866) 874-2460.
