What information does your Elder Law Attorney need to know?

If you’re meeting with an Elder Law attorney to discuss how you can protect your assets and qualify for Medicaid, VA Benefits, or another program to help pay for the cost of a nursing home, you’ll need to make sure your attorney knows about all of the assets that you and your spouse own as well as how those assets are titled.

What to bring to the meeting.

When clients come to discuss Medicaid and asset protection with us in our Raleigh elder law office, we request that they bring as much of the following information as possible:

– Copies of the deeds to all real estate you or your spouse own

– Copies of the property tax bills for all real estate

– The current balance in all bank accounts and the value of all investments (stock, bonds, CDs and retirement accounts that can be withdrawn in a lump sum)

– The amount of your and your spouse’s income

– A copy of any burial contract you may have made

– Estimated value of all vehicles (bring tax bill if available)

– Information on any business you may own

– Copies of any trust agreements you may have and the balance in that trust

– The cash and face value of any life insurance policies

– Copies of your Powers of Attorney and Wills

– If any property or money has been given away during the last five years, copies of the deeds and tax bills for the transferred realty, or account statements showing amount of money transferred and the date(s) of transfer(s)

– If either spouse is already in a nursing home, find out from the nursing home what level of care he/she is receiving or obtain a copy of the FL2 form (if there is one) from the nursing home

– If either spouse is already in a nursing home, the balance in all bank accounts and the value of all investments (stock, bonds, CDs and retirement accounts that can be withdrawn in a lump sum) as of the first day of the month the spouse entered the nursing home and currently

– If real estate owned is subject to a mortgage, copies of the deeds of trust and other mortgage paperwork, including a statement showing the current outstanding balance on the mortgage and the monthly payment

– If you have been to Social Services to inquire about or apply for Medicaid, copies of all documents given to you by the caseworker

– If you or any member of your family (children, grandchildren, sibling, etc) is blind or disabled, copies of letters from Social Security or other sources regarding the disability and any benefits received as a result of it

– If you or your spouse is a veteran, a copy of the discharge papers or other information showing dates of service

– Information about your current outstanding medical bills and your regular monthly medical expenses (premiums, copays, medicines, etc)

– Copies of policies or other information on any long-term-care insurance that you have

– Any other information you think may be important

 Why is all that requried?

Providing this detailed information ensures that we can give you good advice on whether you are eligible for Medicaid or what can be done to make you eligible while protecting assets for your spouse or other family members. If you’re interested in discussing Medicaid or protecting your home and other assets from the cost of long-term care, reach out to us at 919-863-4183 to schedule a consultation. We’re always happy to help.


Amanda Spence has been practicing Elder Law and assisting clients with Medicaid planning in Raleigh, North Carolina since 1995. If you want to discuss protecting your assets from the catastrophic cost of nursing home care, contact Ms. Spence by telephone at (919) 863-4183 or by email at aspence@allenspence.com.