Elder Law FAQ | We Are Here to Help

We work with seniors and families in the greater Nashville area and Tennessee.

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Help for you and your loved ones

Common Needs

Not sure if you need help from Elder Law of Nashville? Here are common scenarios.

You or a family member faces admission to a nursing home or assisted living.

According to the latest statistics, a nursing home in Tennessee costs about $90,000 per year for a semi-private room and the cost is climbing by about 5% a year. Most Americans will quickly exhaust their savings and may need government assistance in paying for long term care. Medicaid (called “TennCare” in Tennessee) will only pay for long term care if a senior (65 or over) meets medical guidelines as well as tests for income and assets. Fortunately, for the spouse who does not need nursing home care, the “community spouse,” there are ways to preserve assets so that he or she is not utterly impoverished. If the person needing nursing home care is not married, there are still ways to spend money that will help that person preserve a better living standard and perhaps some assets. Preservation of assets in these situations is time sensitive, and a family facing nursing home admission should contact an elder lawyer, who specializes in Medicaid planning, without delay. Contact us for a consultation if you need help.

You or a family member needs medical or nonmedical home services and you are worried about whether hard earned savings will be eaten up by costs.

Medicaid (“TennCare”) also provides home and community based services for those who meet medical and financial guidelines. As with nursing home admission, it is important to get a plan in place as soon as possible before assets are completely used up providing for services. Contact us for a consultation if you need help.

You have a family member with a disability.

The issues are extremely similar for families with a disabled family member as they are for the families of seniors. How will you get and pay for health care? What is the best living arrangement? What services is your family member qualified for? Contact us for a consultation if you need help.

You or a family member does not have the documents that would allow for health or financial decisions to be made in the event of incapacity.

We are all aging! Although none of us plans to be ill or incapacitated, we owe it to ourselves and our families to plan for these circumstances. That is why every careful adult needs to have the basic documents (powers of attorney for financial and health care decisions) in place to allow those they trust to make health and financial decisions in case he or she is incapacitated. Contact us for a consultation if you are ready to plan.

A family member has become incapacitated, there are no powers of attorney in place, and you need for a court to appoint a conservator.

Sometimes a court has to intervene when a person becomes incapacitated and there are no powers of attorney in place to permit someone else to make financial and health care decisions. If a physician certifies the need for a conservator, a court can appoint someone to handle finances and health care. Contact us for a consultation if you need help.

You are a wartime veteran or the surviving spouse of a wartime veteran and, because of health problems, you need in-home services, assisted living or long-term care.

The Veterans Administration offers Aid and Attendance as part of an “Improved Pension” Benefit that is not well known. This benefit allows Veterans and surviving spouses who need help with activities of daily living to receive additional money to pay for home care, or care in assisted living or nursing home facilities. Aid and Attendance is not dependent upon service-related injuries. Contact us for a consultation if you need help.

You would like to plan to protect your assets if you should need long-term care in the future.

You may have seen elderly relatives become impoverished by the need to pay for health care at home, in assisted living facilities, or in nursing homes. If you are in relatively good health you may be interested in protecting some of your assets from falling within the reach of Medicaid. If you are interested in this type of planning, contact us.

You would like to plan for the disposition of your assets upon your death.

A simple will is the first step in proper estate planning. If you want to avoid the time and expense of probate, you can consider the benefits of a more complex estate plan. Under either approach, Elder Law of Nashville can help you plan so that your assets will be passed down according to your wishes. Contact us for a consultation if you are interested in planning for the disposition of your assets at your death.

Your loved one has died and you need help in distributing his or her assets.

However a loved one has left behind assets—using a will, revocable trust, or no plan at all—Elder Law of Nashville can help navigate probate or trust administration to legally and efficiently distribute the assets. Contact us for a consultation if you need help.

Need help getting started?

Visit our FAQs page to get answers to common questions or contact our team of elder law attorneys in Nashville today!