Protecting What's Yours!

Andrew W. Gilliland Attorney-at-Law, PLLC
782 E. Pioneer Rd. (12400 S.)
Draper, Utah 84020

(801) 285-0886
andrew@gillilandlaw.com
South Jordan Elder Law Attorney
You may be wondering what is an Elder Law Attorney.  You are not alone as it is a unique and special area of law.  While there are many areas of Elder Law it all comes down to two questions:  (1) How do you want to be cared for as you age?; and (2) Who do you want to handle your affairs should you no longer be able to make decisions? 

More specifically, an Elder Law Attorney represents seniors in all aspects of planning for aging such as:

  • long-term illness
  • mental and physical incapacity
  • Medicaid planning
  • estate planning
  • long-term care planning
  • employment and retirement matters
  • health care decisions



There are many unique issues that we face as we get older.  When helping you, I always take into consideration your personal health, the health of your loved ones, what your desires are for long-term care, and what you want to leave for your loved ones should you not recover.

Critical to helping you is for me to obtain an understanding your unique family dynamic to make sure that personalities and family issues do not thwart your desires for yourself and your loved ones. 

Some questions you may have


1.  How can I prepare for long-term health care?  The average cost of a nursing home is a $200 to $300 per day and that does not include paying for medical assistance or rehabilitation.  Proper planning will relieve you of some of this burden.  Your options are to either fund it yourself, use Medicaid, or purchase long-term health care insurance.  Each option has its benefits and drawbacks and should be considered carefully as you determine which option you should pursue.

2.   How do I qualify for Medicaid?  Unlike Medicare (which is age based), Medicaid is based on your income and assets.  You must qualify each month for coverage meaning that if you have an increase above the minimum assets or income, you will lose your Medicaid coverage.  The current asset limitation for Medicaid is $2,000 for an individual and $3,000 for a couple.  Certain assets such as a home can be excluded from the calculation provided that it is your principal place of residence or will cause an undue hardship to a co-owner (such as your spouse).  Your monthly income also cannot exceed $958 for an individual and $1,293 for a couple.  Planning for Medicaid needs to be done early as there is a 60 month look-back for the transfer of any assets to another, which includes a trust.  If you are looking to protect your spouse from having all the marital assets drained to pay your medical bills, you may consider using an irrevocable trust to transfer assets that can be used by your spouse, but this must be done correctly.

3.   What can I do if my spouse can no longer make decisions? If you plan correctly, this can be a smooth transition.  A properly executed power of attorney will give you the authority you need to handle your spouse's affairs when they become incapacitated.  If there is no power of attorney, you may need to petition the court for a guardianship meaning that you will be granted the right by the court to take care of your spouse's affairs while he/she is incapacitated. 

4.    How do I let my loved ones know my health care decisions?  Execute a Medical Directive stating your desires should you become unable to make your medical decisions.

Please contact Andrew W. Gilliland Attorney-at-Law, PLLC.

Andrew W. Gilliland
782 E. Pioneer Rd. (12400 S.)
Draper, Utah 84020
Tele.: (801) 285-0886
andrew@gillilandlaw.com


Please contact Andrew W. Gilliland Attorney-at-Law, PLLC.

Andrew W. Gilliland
9980 S. 300 W., Suite 200
Sandy, Utah 84070
Tele.: (801) 285-0886
andrew@gillilandlaw.com
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