×
≡Menu
Search

Medicaid Planning & Elder Law

Home Practice Areas Medicaid Planning & Elder Law

Illinois Medicaid Planning & Elder Law Attorneys

At Wilson & Wilson Estate Planning & Elder Law, we understand the unique challenges facing seniors and the disabled. Our experienced attorneys specialize in helping our clients protect their hard-earned assets, plan for their future care, and navigate the complex legal system. We offer a wide range of Medicaid and elder law services for Illinois residents, including:

  • Asset protection planning. Protect your assets from nursing home bills, Medicaid spend-down, and other financial risks.
  • Disability planning. Plan for your disabled child’s future with special needs trusts and guardianship arrangements.
  • Healthcare planning. Create a living will, health care proxy, or other advance directive to ensure your wishes are respected if you become incapacitated.
  • Long-term care planning. Prepare for your long-term care needs, including assisted living, nursing home care, and in-home care.
  • Housing options. Explore the different housing options available to seniors and the disabled, such as assisted living facilities, residential care homes, and independent living communities, to determine which is right for you and your family.

As Medicaid, elder law, and disabled law attorneys, we’re committed to providing our clients with compassionate and personalized service. We’ll work with you to understand your unique needs and develop the right plan for your future. Call Wilson & Wilson Estate Planning & Elder Law LLC today to schedule a consultation and learn more about how we can help you protect your assets and preserve your well-being. Contact us today to schedule a consultation and see how we can help.

Who We Help

Families come to us at very different points in their lives. At Wilson & Wilson Estate Planning & Elder Law, our team is dedicated to helping families get peace of mind, no matter the circumstances. Here are a few situations we often help with:

  • You are planning ahead while still living independently. You feel healthy today, but you want to prepare for future health changes, care costs, and housing decisions. That includes the possibility of needing in-home care, assisted living, or nursing-home care down the road.
  • A parent’s health has changed suddenly. A hospitalization, a new diagnosis, memory decline, a fall, or a loss of independence tells you that a parent may need real help soon. You need to figure out the right level of care, how to pay for it, and whether Medicaid can help.
  • One spouse needs care while the other stays home. Your husband or wife needs nursing-home, assisted-living, or in-home care, and you plan to remain in your home. You need to understand how Medicaid may treat the couple’s income, savings, house, and other property.
  • Your family is choosing between home and a facility. You are weighing whether a loved one should stay home with professional or family caregivers or move into assisted living, residential care, or a nursing home. You may also need someone to review caregiver or facility agreements and explain the costs and responsibilities involved.
  • You worry your income or assets will block Medicaid. You need help paying for long-term care but believe you may have too much to qualify. You want to know what Medicaid counts, whether any property can be protected, and which lawful planning options are open to you.

If none of these fit exactly, that is fine. Most families fall somewhere in between, and we are glad to talk through where you stand.

How Medicaid Planning and Elder Law Work in Illinois

Every plan is unique, and our team is dedicated to making sure that your plan fits your individual needs. Here is what the process tends to look like when you work with us:

1. We Learn About Your Situation

We start by getting to know you. During your first meeting, we review the health picture, family circumstances, and financial details that shape your choices. We want to understand your income, your savings, your home, and what matters most to you and your family. We believe this is the most essential step of life care planning.

2. We Review Assets and Medicaid Rules

Illinois Medicaid has income and asset limits, and it counts some property while leaving other property exempt. We look at what you own and sort it into what Medicaid counts and what it does not. We also explain the five-year look-back period, which reviews certain gifts and transfers made before you apply.

3. We Build a Plan That’s Right for You

The average cost of basic nursing home care in the Chicagoland area is now $10,000 per month, and that figure doesn’t include any additional services that may be necessary. This kind of expenditure can quickly deplete even a healthy amount of lifetime savings.

Medicaid’s Long-Term Care program is a lifeline for many families who can’t afford the high cost of nursing home care, but they do have to meet eligibility requirements for both income and assets. Medicaid asset protection planning is a legal process that can help individuals preserve their wealth while still maintaining their Medicaid eligibility.

We understand that choosing a long-term care facility is a major decision, and we’re here to help you every step of the way. We’ll review the contract of any facility you’re considering to ensure that you understand your rights and responsibilities. We’ll also help you assess the pros and cons of using caregiver agencies versus contracting with caregivers directly.

If you’re able to stay at home, our elder care lawyers can help you develop strategies to age in place. This may include real estate tax exemptions and deferrals, as well as the use of special rules regarding family members who provide care. No matter what your situation is, we’re here to help you make the best decisions for your future.

4. We Handle the Application and Paperwork

Medicaid applications require careful documentation, and small mistakes can cause delays or denials. We prepare and organize the paperwork, respond to requests from the state, and stay involved until your loved one has the care and coverage they need.

5. We Stay With You

Care needs change, and so do the rules. We remain available to update your plan, review facility or caregiver agreements, and answer questions as new situations come up.

Planning early gives you the most options, because look-back periods have time to pass. If care is already needed, do not assume it is too late. Even in a crisis, there are lawful steps that can protect part of what you have worked for.

Why Families Choose Wilson & Wilson

Choosing to prepare for Medicaid planning or elder law is a big decision, and you need a team you can rely on. At Wilson & Wilson Estate Planning & Elder Law, we provide compassionate guidance paired with strong advocacy so that you can have peace of mind. Here’s why Illinois residents choose our team:

  • We know elder law inside and out. Medicaid rules, spousal protections, and long-term care options are a large part of what we do every day, not a sideline.
  • We explain things clearly. You will leave our office understanding your choices, not more confused than when you arrived.
  • We take a common-sense approach. Our clients often describe us as down-to-earth and fair. We give practical advice that fits real life.
  • We serve two convenient locations. With offices in LaGrange and Deerfield, we are easy to reach across the Chicagoland area.

We also keep the process personal from start to finish. You work with real attorneys and a caring staff who know your name and your story, not a rotating cast of strangers.

Talk With Our Medicaid Planning Attorneys

Waiting rarely makes these decisions easier, and early planning usually opens more doors. Whether you are looking years ahead or facing an urgent need this week, Wilson & Wilson Estate Planning & Elder Law is ready to help you protect your assets and arrange the care your family deserves.

Contact our medicaid planning and elder law attorneys today to schedule your consultation. Let’s build a plan that gives your family real peace of mind.

FAQs About Medicaid Planning & Elder Law in Illinois

Why is Medicaid planning important?

Medicaid planning involves strategic legal and financial techniques designed to help individuals qualify for Medicaid benefits while preserving assets for their family’s future security. Without effective planning, the steep expenses of long-term care can rapidly drain a lifetime of savings, leaving spouses and families in financial distress while potentially disqualifying individuals from receiving necessary care.

Can I protect my home when planning for long-term care?

Yes, with proper elder law planning, there are strategies to protect your home, including placing it in certain types of trusts or utilizing Illinois homestead exemptions. Consulting with an elder law attorney can help evaluate the best course of action for your situation.

When should I begin Medicaid planning for myself or a loved one?

Medicaid planning should ideally begin well before long-term care becomes necessary, as the five-year look-back period and penalty provisions significantly limit planning options once care needs are imminent. Early planning allows for the most effective strategies and provides time for look-back periods to expire. In contrast, crisis planning after care needs arise requires more limited but still valuable techniques to protect remaining assets.

How does home ownership affect Medicaid eligibility?

The primary residence is typically exempt from Medicaid eligibility calculations as long as the applicant or their spouse lives there, or if the applicant expresses intent to return home, regardless of the home’s value up to the federal equity limit. However, upon the Medicaid recipient’s death, the state may seek recovery from the estate for benefits paid, potentially requiring the sale of the home unless specific exceptions apply or proper planning strategies were implemented.

What do I need to consider when creating a long-term healthcare plan?

Creating a long-term healthcare plan requires careful assessment of both current needs and potential future requirements. Key considerations include evaluating financial resources and options such as long-term care insurance, understanding Medicaid eligibility rules, and planning for potential out-of-pocket expenses. It’s also essential to consider the preferences and needs of the individual, such as in-home care versus facility-based care, as well as legal steps like establishing powers of attorney, advance directives, and a will. Proactive estate planning can help protect assets and ensure that care decisions align with personal values and family goals.

Get in touch now, and support your family even after you’re gone.

Get the personalized
care you need.

To arrange your initial consultation with Wilson & Wilson for comprehensive legal representation, call today.

Meet Our Team

william

William S. Wilson

Owner / Founder

sandra-schildgen-esq

Sandra Schildgen, Esq.

Partner

anne

Anne Alison Bennett

Attorney Associate

Hear From Our Satisfied Clients

Never Miss an Update. Sign up to receive our Blog & Newsletter!

Schedule a Consultation!

Don’t Leave Your Family’s Future to Chance

Contact Form

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Please do not include any confidential or sensitive information in this form. This form sends information by non-encrypted e-mail which is not secure.

Submitting this form does not create an attorney-client relationship.