As we age, planning for healthcare, finances, and long-term care becomes more important than ever. Elder law focuses on helping seniors and their families prepare for the future, protect assets, and ensure they receive the care and support they need.

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At Arevalo Law, we provide compassionate, comprehensive guidance on Medicaid planning, veterans benefits, estate planning, and more — so you can have peace of mind knowing your loved ones and your legacy are secure.

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Our Elder Law Services

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We offer tailored legal solutions to meet the unique needs of seniors and their families, including:

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• Medicaid Planning

  • Strategies to qualify for long-term care benefits while protecting your assets

  • Creation of special trusts and spend-down plans

• Veterans Pension Benefits (Aid & Attendance)

  • Assistance with applications and eligibility planning for veterans and surviving spouses

• Estate Planning and Asset Protection

  • Wills, trusts, and advance directives

• Guardianships and incapacity planning

  • Appointment of trusted individuals to make healthcare and financial decisions

• Long-term care planning

  • Protecting your home and other key assets

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Why Elder Law Matters

• Protect your savings and home from long-term care costs.

• Qualify for Medicaid benefits without losing everything.

• Access VA benefits that can help pay for home care or assisted living.

• Avoid court battles and family conflicts through clear planning.

• Maintain dignity and independence as you age.

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Frequently Asked Questions

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What is Medicaid planning?

Medicaid planning involves legally structuring your assets and income to help you qualify for Medicaid coverage of long-term care, such as nursing home or in-home services, while protecting as much of your property as possible.

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When should I start Medicaid planning?

It is best to start planning at least five years before you may need long-term care, because Medicaid has a 5-year "look-back" period. However, even if you need care soon, there may still be strategies available.

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What assets are protected in Medicaid planning?

Certain assets may be exempt, such as your primary residence (in some cases), a vehicle, personal belongings, and certain types of prepaid burial arrangements. Proper planning can protect additional assets using trusts or other tools.

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What is the VA Aid & Attendance benefit?

Aid & Attendance is a special pension benefit for wartime veterans and their surviving spouses who need help with daily activities. It can help pay for in-home care, assisted living, or nursing home care.

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Who qualifies for VA Aid & Attendance?

To qualify, a veteran must have served at least 90 days of active duty with at least one day during a wartime period, meet certain financial and medical requirements, and need assistance with daily living activities.

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Can I receive both VA benefits and Medicaid?

It depends. VA Aid & Attendance benefits can affect Medicaid eligibility and vice versa. Coordinated planning is important to ensure you receive the maximum benefits available.

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What is a Miller Trust (Qualified Income Trust)?

A Miller Trust is a special trust used in Florida to help people with income above Medicaid’s limit qualify for long-term care benefits. The trust receives excess income and pays it toward care costs, allowing Medicaid eligibility.

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Can I give away my assets to qualify for Medicaid?

Gifts made within five years before applying for Medicaid may cause a penalty period of ineligibility. It is important to work with an attorney to create a safe, effective plan.

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Do I still need a will or trust if I have Medicaid planning?

Yes. Estate planning documents are still essential to control how your remaining assets will be distributed, appoint guardians, and specify your healthcare wishes.

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What is guardianship, and when is it needed?

Guardianship is a legal process where a court appoints someone to make decisions for a person who is no longer able to do so themselves. Planning ahead with powers of attorney and healthcare directives can often avoid the need for guardianship.

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Planning for the future can feel overwhelming, but you do not have to do it alone. At Arevalo Law, we help you and your family navigate complex elder law issues with compassion and clarity.

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Schedule a consultation today to protect your health, your home, and your loved ones.

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