Resources for families
Short guides, a look-back date tool and a checklist you can print. General information, not legal advice.
Help by topic
Each guide fits on one screen. Rules differ by state; these describe the general picture and Virginia where it matters.
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The first week after a hospital discharge
When rehab is ending and home may not be safe
- Ask the discharge planner for the date coverage is expected to end, in writing if you can.
- Ask what level of care is recommended: home with help, assisted living, or a nursing home.
- Find any existing power of attorney or medical directive. If there is none, call us.
- Write down every account, pension and insurance policy you know about. Do not move money yet.
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The Medicaid look-back, in plain words
What the five years are, and what they are not
- The look-back is a window of time before a nursing home Medicaid application, 60 months in Virginia and most states.
- Gifts and transfers for less than full value in that window are reviewed.
- A gift is not automatically a problem. Some transfers are allowed, and some can be returned.
- Paying for care, bills and fair-value purchases is not a gift.
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Spend-down: what it means
Using savings in ways the rules allow
- Medicaid has a savings limit. Money above it is usually spent on care first.
- Allowed spending can include care bills, debts, a prepaid funeral and some home repairs.
- A spouse at home may be able to keep more. The rules for couples are different.
- Ask before spending large amounts. The wrong kind of spending can cause a penalty.
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Guardianship or power of attorney?
Which one your family needs
- If your parent can still understand and sign, a power of attorney is usually simpler.
- If they cannot, a court may need to appoint a guardian or conservator.
- A guardian decides personal matters. A conservator manages money.
- Courts look at less restrictive options first.
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Signs of financial exploitation
What to watch for, and who to call
- Unusual withdrawals, new names on accounts or new cards you did not know about.
- A new "best friend" or helper who keeps family away.
- Unpaid bills even though there should be enough income.
- Changes to a will, deed or account that do not match past wishes.
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When a parent dies: the first 30 days
What can wait, and what cannot
- Secure the home, the car and any valuables. Forward the mail.
- Order several copies of the death certificate.
- Find the original will. Do not pay large bills from your own money.
- Most court steps can wait a few weeks. Call us when you are ready.
Look-back date tool
When would the look-back start?
Choose the month you expect to apply for nursing home Medicaid. The tool counts back 60 months, the window Virginia and most states use. It does not check eligibility and is not legal advice.
Choose a month and press the button to see the dates.
Document checklist
Tick off what you find. Bring what you have to the first meeting; missing papers are normal, and we help with the rest.
Words to know
The terms you will hear most, in plain words.
- Advance medical directive
- A document that names someone to make health care decisions and records your wishes about treatment.
- Adult Protective Services (APS)
- A government service that looks into reports of abuse, neglect or exploitation of older adults and adults with disabilities.
- Agent
- The person you name in a power of attorney to act for you.
- Conservator
- A person a court appoints to manage money and property for someone who cannot do it safely.
- Estate recovery
- A state's claim for repayment, from a person's estate after death, of some Medicaid long-term care costs.
- Guardian
- A person a court appoints to make personal decisions, like health care and living arrangements.
- Guardian ad litem
- A lawyer the court appoints to meet the person in a guardianship case, explain their rights and report to the judge.
- Look-back period
- The months before a nursing home Medicaid application during which gifts and transfers are reviewed. Sixty months in most states.
- Penalty period
- A stretch of time when Medicaid will not pay for nursing home care because of gifts made during the look-back.
- Spend-down
- Using savings above Medicaid's limit on allowed expenses, so that a person can qualify.
Outside help
Not everything needs a lawyer. These public services help families every day.
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Emergency
If someone is in danger right now, call 911.
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Adult Protective Services
To report suspected abuse, neglect or exploitation. In Virginia, APS is run through your local department of social services. You do not need proof to report.
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Your local Area Agency on Aging
Information on in-home help, meals, caregiver support and local programs for older adults.
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A long-term care ombudsman
An advocate for people living in nursing homes and assisted living who can help with complaints about care.
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A veterans service officer
Free help with VA forms and records through veterans service organizations and local offices.
Rather talk it through?
Book a consultation online in about three minutes, or call and a real person will answer. We return every call within one business day.