Practice Areas – Elder Law

Elder Law

tackling the issues that face the elderly…

Senior Housing & Long Term Care

While Elder Law strategies often involve estate and tax planning, the two practices are far from the same. Elder law encompasses a range of age-related legal matters, including access to healthcare and government benefits, age discrimination in employment and housing, elder abuse, disability, and guardianship. The Elder Law attorneys at Lehman Johnson, Attorneys at Law, PLC are prepared to tackle the issues facing the elderly or their families.

Many older Americans are faced with the dilemma of moving into nursing homes to recover from surgery or to receive long-term custodial care. Without adequate planning, the financial consequences can be devastating. Nursing homes are very expensive, ranging in cost from $30,000 to $150,000 a year in Tennessee. Eric and William at Lehman Johnson, Attorneys at Law, PLC would welcome the opportunity to sit down to discuss all aspects of Elder Law with you and determine a plan for your future that addresses your particular needs and wishes. By speaking with an attorney, we can help you find ways to pay for the expense or plan for these situations before they happen.

Medicaid vs. Medicare

Don’t feel overwhelmed, clients are frequently confused over the differences between Medicare and Medicaid. Though their names are almost the same, these programs are quite different.

Medicare is an entitlement program, a federal health insurance program in which most people enroll when they turn 65 years old. There are no financial qualification rules.

Here are some Medicaid resources to learn more:
Medicare Website
Medicare & You

Medicaid is a joint federal-state program, which is subject to certain federal requirements. Each state implements its own regulations on how the program is managed. Medicaid is not an entitlement program like Medicare, but more of a form of welfare from the state. Medicaid eligibility is determined after the proper application is submitted to the commonwealth. There are many Medicaid insurance programs available in Tennessee, from basic medical coverage to nursing home programs.

Here are some Medicaid resources to learn more:
TennCare Website

Important Documents

It’s very important that your Will, Durable Power of Attorney and Advanced Care Directive remain current as you get older. Perhaps the most essential document of the three is the Durable Power of Attorney. This document allows your appointed agent to handle your affairs should you become physically or mentally incapacitated. The Advance Care Directive is an essential document if you feel strongly that you would not want your body sustained through artificial means under certain circumstances. It is best to have these documents prepared in the state where you currently reside, and it is certainly worth the money to have a competent attorney prepare these documents for you.

When Should I Hire an Elder Attorney?

Much like Estate Planning, many people wait until they are in an emotional crisis situation before looking for professional assistance concerning Elder law. The biggest and most useful suggestion for when to hire an elder law attorney is NOW! Don’t wait until your health is questionable. Eric and William at Lehman Johnson, Attorneys at Law, PLC would welcome the opportunity to sit down to discuss all aspects of Elder Law with you and determine a plan for your future that addresses your particular needs and wishes.