Understanding Medicaid, Spousal Protections, and Why Timing Is Everything
You don’t have to be an elder law attorney to encounter clients impacted by long-term care costs. With rising nursing home expenses and a rapidly aging population, long-term care planning has become a critical legal topic for all attorneys—especially those practicing estate planning, family law, or general law.
As Colleen Bratkovich, Partner at Zacharia Brown and expert in Medicaid planning, puts it:
"Medicaid is the largest payer of Long Term Care across the country. More than Medicare, Health Insurance and Private Pay."
This surprises many attorneys. Medicaid (not Medicare) is the primary safety net for long-term care, yet navigating the system is complex, time-sensitive, and often misunderstood. Knowing the basics of Medicaid planning allows you to provide more holistic advice and better outcomes for your clients and their families.
The Real Cost of Not Planning Ahead
Clients often wait too long to ask about long-term care funding, and it costs them. Without proactive planning, a family’s entire life savings can quickly disappear, especially if a spouse is left behind. Bratkovich states:
"There are substantial protections in the law to protect someone from being impoverished due to their spouse's nursing home bills? However, time is of the essence and every day that goes by can mean more money lost to nursing home expenses that could have been protected for a spouse."
Why This Matters for Every Lawyer
Even if elder law isn’t your focus, your clients trust you for guidance during major life events. Understanding the fundamentals of long-term care planning means you can:
- Spot issues early and refer clients to elder law specialists when needed
- Help clients protect their assets and maintain dignity
- Avoid common myths about Medicaid and Medicare
Want to Go Deeper?
If you’re ready to learn how Medicaid, long-term care insurance, and alternative funding options work together, check out Colleen Bratkovich’s course: Medicaid, Long-Term Care and Alternative Funding.
You’ll explore eligibility rules, application timelines, and advanced planning techniques—all explained clearly by a nationally recognized expert.
Interested in even more CLE? Check out a SproutEd Unlimited CLE Membership to fulfill all your Continuing Legal Education needs!
Helpful Resource: For a comprehensive breakdown of how long-term care costs impact families, see AARP’s Long-Term Care guide.
