Elder Law Attorneys in Pennsylvania

What Does an Elder Law Attorney Do?

Elder law is a distinct area of legal practice focused on the needs of older adults and their families. It involves a combination of estate planning, healthcare law, public benefits law, and family advocacy. An elder law attorney in Pennsylvania helps clients plan for and address:

Unlike general estate planning, which primarily focuses on the transfer of assets at death, elder law addresses the legal and financial challenges that arise during a person’s lifetime as their needs change. Without the right planning in place, a nursing home stay or an unexpected health crisis can quickly consume decades of savings. Our elder law attorneys help Pennsylvania families get ahead of those risks.

Please contact CGA Law Firm for assistance at (717) 864-8969 or info@cgalaw.com.

“While not something that is often thought about….Jeff and CGA helped us to pre-plan should the unexpected occur. He walked us through the various documents required to ensure that our wishes are realized. I would highly recommend Jeff and CGA.”
– Mike R., Google Review

Medicaid Planning in Pennsylvania

Medicaid planning is often the most urgent and complex aspect of elder law work. Pennsylvania’s Medical Assistance (MA) program covers nursing home care and home- and community-based services for seniors who meet strict financial eligibility requirements, but qualifying is not straightforward. Waiting until a crisis to begin planning usually means families have far fewer options.

For a single nursing home applicant in Pennsylvania, countable assets must generally fall below $2,400 unless gross income is below $2,982 whereas resources can be held at $8,000. Income can exceed $2,982 for nursing home applications as the income goes to the nursing home. For married couples, the rules are more nuanced. The community spouse, the spouse who remains at home, may retain up to $162,660 in countable assets under Pennsylvania’s spousal impoverishment protections.

Pennsylvania also enforces a five-year Medicaid look-back period. Asset transfers made for less than fair market value within the 60 months preceding a Medicaid application can trigger a penalty period during which Medicaid will not pay for care. Families who transfer assets without understanding these rules often face significant out-of-pocket costs at exactly the wrong time.

Effective Medicaid planning well in advance of a potential need can protect a meaningful portion of a family’s assets while preserving access to benefits when care is needed. Strategies our attorneys use include:

• Irrevocable Medicaid Asset Protection Trusts (IMAPTs): Assets transferred to a properly structured irrevocable trust at least five years before a Medicaid application are generally excluded from countable resources. These trusts require surrendering direct control over the assets but can protect a family home and other significant property.
  
• Exempt Asset Conversion: Countable assets can sometimes be converted to exempt assets through permitted spend-down strategies, such as paying off a mortgage, making home improvements, purchasing a vehicle, or prepaying funeral expenses as well as other conversion tools. Our team of professionals can guide and assist in finding the correct method of qualifying assets to be converted to an exempt status.
  
• Spousal Protection Planning: Pennsylvania’s community spouse resource allowance and monthly maintenance needs rules offer meaningful protections for married couples. Proper structuring ensures the at-home spouse retains sufficient assets and income.
  
• Caregiver Agreements: A formal, written personal care agreement between a Medicaid applicant and a family caregiver can allow compensation for services rendered, provided it reflects fair market value and was in place before services were provided.

Medicaid planning done incorrectly, or not done at all, can result in penalty periods, denial of benefits, and preventable asset loss. Our team of professionals work with families at every stage, from proactive planning years in advance to crisis planning when home care or nursing home placement is imminent.

Long-Term Care Planning

Long-term care planning involves making thoughtful decisions about where and how you want to receive care as you age, how those costs will be funded, and who will have the legal authority to act on your behalf when you cannot.

Long-term care in Pennsylvania can cost well over $12,000 per month for nursing home placement. Most families cannot sustain that expense indefinitely from personal savings, and Medicare covers nursing home care for only a limited period following a qualifying hospital stay. Understanding the gap between what Medicare covers, what long-term care insurance provides, and what Medicaid will fund is central to what our elder law team does.

Our long-term care planning services address:

• Evaluating care options, including aging in place, assisted living, and skilled nursing facilities
• Coordinating Medicaid planning with long-term care insurance and other resources
• Reviewing and advising on nursing home admission agreements
• Assisting with Pennsylvania’s Community HealthChoices (CHC) waiver program, which funds home- and community-based services for eligible seniors as an alternative to nursing home placement

Asset Protection for Older Adults

Asset protection in the elder law context means structuring your finances and legal documents in a way that shields your accumulated wealth from long-term care costs, creditor claims, estate recovery, and other risks that become more significant as you age. The goal is to use legally available tools strategically and in compliance with applicable rules.

Pennsylvania’s Medicaid Estate Recovery Program allows the state to seek reimbursement from a deceased recipient’s estate for care costs paid. For many families, the family home is the asset most at risk. Assets that pass outside of probate, through properly structured trusts or jointly held property, are generally not subject to estate recovery, making the structure of ownership and transfer critical.

Our elder law attorneys advise clients on asset protection strategies that align with their goals and timeline, including the use of irrevocable trusts, appropriate titling of assets, beneficiary designations, and coordinated estate planning documents. The earlier planning begins, the more options a family typically has.

Powers of Attorney and Healthcare Directives

Every elder law plan should include properly executed legal documents that authorize trusted individuals to act when you cannot. Without them, even close family members have no automatic legal authority to manage your finances or make medical decisions on your behalf, and a court proceeding for guardianship becomes the only alternative.

The core documents our elder law attorneys draft and advise on include:

• Durable financial power of attorney: Authorizes a trusted agent to manage your financial affairs, including banking, real estate transactions, tax filings, and Medicaid applications, and remains effective even if you become incapacitated.
• Healthcare power of attorney: Authorizes your chosen agent to make medical decisions on your behalf if you are unable to communicate your wishes.
• Living will (advance directive): Documents your wishes regarding end-of-life care, life support, and other medical interventions, so your preferences are known and legally enforceable.

These documents must be properly drafted and executed to be enforceable under Pennsylvania law. Our attorneys work alongside our elder law team to ensure powers of attorney documents are in place and tailored to each client’s circumstances.

Guardianship and Incapacity

When a person has lost capacity without having put advance planning documents in place, the family is left with few options outside of court. Pennsylvania guardianship proceedings allow a court to appoint a guardian to make personal and financial decisions for an incapacitated adult, but the process requires meeting a high legal standard and carries significant ongoing obligations.

Our elder law team works closely with our guardianship attorneys to assist families facing incapacity proceedings, whether the situation involves a parent with dementia, a spouse following a serious medical event, or another loved one who can no longer manage their affairs. We also advise families on alternatives to guardianship, including representative payee arrangements and supported decision-making agreements, where those options may be appropriate. 

Wills, Trusts, and Estate Planning for Older Adults

A comprehensive elder law plan integrates Medicaid and long-term care planning with a current, properly structured estate plan. Older adults often need to revisit estate planning documents, such as wills or trusts, drafted earlier in life to ensure they still reflect current wishes, account for changed family circumstances, and work in coordination with any Medicaid planning strategies in place.

Our elder law and estate planning teams collaborate closely to provide advice on:

• Reviewing and updating wills and trusts to align with elder law planning goals
• Special needs trusts for beneficiaries with disabilities
• Revocable living trusts for probate avoidance and care coordination
• Beneficiary designations and asset titling strategies
• Estate administration for families of deceased individuals who received Medicaid benefits

“We needed to update our Powers of Attorney and Wills. CGA Staff and Attorneys were efficient, knowledgeable and timely. Work was so well-priced that we had some additional documents notarized.”

– Thomas C., Google Review

Frequently Asked Questions About Elder Law in Pennsylvania

When should I consult an elder law attorney in Pennsylvania?

The earlier, the better. The most effective Medicaid planning and asset protection strategies require time to satisfy Pennsylvania’s five-year look-back period. Families who begin planning in their 60s or early 70s typically have more options than those who wait until a health crisis forces the conversation. Crisis planning is also possible and often beneficial.

Does Medicare pay for nursing home care in Pennsylvania?

Medicare provides limited coverage for skilled nursing facility care following a qualifying hospital stay, typically up to 100 days, with significant cost-sharing after day 20. It does not cover custodial or long-term nursing home care. Medicaid covers long-term nursing home costs for eligible residents. Understanding the distinction is a foundational part of long-term care planning.

What is the five-year Medicaid look-back period?

Pennsylvania reviews all asset transfers made within 60 months of a Medicaid application. Transfers for less than fair market value during that window can trigger a penalty period during which Medicaid will not pay for care. Assets moved into a qualifying irrevocable trust at least five years before the application are generally not penalized.

Can I protect my home from Medicaid in Pennsylvania?

In many situations, yes. A primary residence is often exempt from Medicaid’s asset limit while the applicant is living, provided they have an intent to return home, even if they are not physically residing there. There are also other circumstances in which a homestead may remain exempt under Medicaid rules. Transferring the home into an irrevocable Medicaid Asset Protection Trust well before a Medicaid application may help protect the property from future estate recovery. The right approach depends on your family’s timeline, ownership structure, and individual circumstances.

Pennsylvania Elder Law Attorneys Serving Clients Statewide

CGA Law Firm is recognized as one of the largest and most experienced estate and elder law groups in Central Pennsylvania, with attorneys who hold advanced degrees in tax law and certifications in estate planning and pension law. Our elder law team advises individuals and families at every stage, from those in their 50s and 60s who are planning well ahead to families in the middle of a long-term care crisis who need answers quickly.

We collaborate across our estate planning, elder law, guardianship, and business succession practices to provide coordinated counsel. We also work closely with our clients’ other advisors, including accountants, financial planners, and trust officers, to ensure that legal and financial plans are aligned. For clients and families across Pennsylvania, including those in York, Hanover, Lancaster, Harrisburg, and surrounding communities, our team is here to help.

To speak with one of our Pennsylvania elder law attorneys, contact our office online or at (717) 848-4900.