Cleveland Elder Law Attorney

Protecting Seniors’ Rights in Cuyahoga, Lake, & Lorain Counties

Elder Law involves managing the relationship between a senior’s assets and the high cost of long-term care. For many families in Northeast Ohio, paying $8,000 to $10,000 per month for nursing home care can quickly drain a lifetime of savings. 

Law Offices of Daniel McGowan, LLC confronts the legal complexities associated with aging, focusing on the intersection of healthcare, housing, and financial security. We provide strategic counsel to families navigating the transition to assisted living or nursing care, utilizing legal instruments to preserve assets while ensuring eligibility for government benefits, such as Medicaid. Our practice assists clients with a wide array of elder law issues, including conservatorship and Medicare planning.

We work in both the “crisis” phase, when a loved one has already entered care, and the “planning” phase, years before care becomes necessary. Our goal is to safeguard the senior’s quality of life and the financial stability of the healthy spouse and heirs, while complying with Ohio Department of Medicaid regulations.

Protect your life savings from the high cost of long-term care. Don't wait until it’s too late to preserve your assets. Call (216) 616-7592 or contact us online to schedule a consultation with an elder law attorney in Cleveland.

Navigating Ohio Medicaid: Look-Back Periods & Spend-Downs

Medicaid serves as the primary funding source for nursing home care in Ohio, yet eligibility is means-tested based on income and assets. The state enforces a mandatory five-year "Look-Back" period on all financial transfers. If an applicant has gifted funds to children or transferred property within five years of applying, the state may impose a penalty period, effectively denying coverage for that duration. We examine financial history to detect potential look-back complications prior to submission.

For individuals planning, we structure irrevocable trusts that initiate the five-year clock, shielding the enclosed assets from future Medicaid assessments. For families currently navigating a care crisis, we utilize lawful "spend-down" strategies, such as prepaid funeral arrangements, spousal refusal, and the acquisition of exempt assets, to expedite eligibility while preserving family resources.

Compensating Family Caregivers Under Medicaid Rules

Many seniors prefer to compensate family members for care services, enabling them to remain at home longer. However, without proper documentation, Medicaid often classifies these payments as improper gifts, which can trigger a penalty. 

We draft formal "Caregiver Agreements" (also known as Personal Care Contracts) to establish a legitimate employment relationship between the senior and the family caregiver.

These agreements facilitate the transfer of assets to the next generation in exchange for services, effectively "spending down" assets for value received. This strategy offers a legally compliant approach to preserve wealth while securing necessary care and expediting Medicaid eligibility. We structure these contracts to satisfy the strict standards mandated by the Ohio Department of Job and Family Services.