Protect What Matters

Elder Law / Medicaid Planning

We focus on asset preservation, eligibility for Medicaid, and long-term care planning, ensuring you or your loved ones receive the care needed without depleting your assets. Our services include strategic asset reallocation, trust creation, and guidance through the Medicaid application process, tailored to protect your wealth while securing eligibility for benefits. Our experienced team is dedicated to navigating the complexities of elder law, providing peace of mind that your financial health and care needs are expertly managed. With our Elder Law and Medicaid Planning, secure your legacy and ensure a comfortable future with the care and support you deserve.

The Cost Of Long-Term Care In Kansas

Your doctor tells you life altering news, “You need Long Term Care and Medicare won’t pay for it.” You must either pay out-of-pocket or be broke to qualify for government assistance. The average cost of long-term care in Kansas is nearly $8,000 per month. Giving away your assets to qualify for government help can actually disqualify you from the government assistance you seek. Advanced Legal Planning can help you navigate complex asset protection rules and laws to qualify for Medicaid while preserving assets you are legally allowed to protect.

Will I Need Long Term Care?

The current average monthly cost of staying in a Long Term Care facility in Kansas was $8,000 in 2022. However, the cost of Long Term Care keeps rising by more than the rate of inflation.

Almost a 70% chance. If you are turning 65 today, you have nearly a 70% chance of needing some type of Long Term Care services and supports in your remaining years. (U.S. Department of Health and Human Services);
53% of all women. Greater than half of all women will require Long Term Care in their lifetimes. (AARP Public Policy Institute)
47% of all men. Almost half of all men will require Long Term Care in their lifetimes. (AARP Public Policy Institute)
20% longer than 5 years. On average, women are in Long Term Care for 3.7 years while men only remain in care for 2.2 years. However, of those receiving care, 20% need care for longer than five years. (LongTermCare.gov – 2018)

Will Medicare Pay For Long Term Care?

Limit On Services – Medicare does not pay for non-skilled assistance with “Activities of Daily Living” (ADL). Assistance with activities of daily living make up the bulk of the services received in a facility. ADLs not covered by Medicare include:

Maximum of 100 days – Even if a person receiving rehabilitation services is still progressing, the maximum amount of time Medicare will pay for care is 100 days.
Average of 22 days – Medicare will stop paying when they patient has recovered or if they stop improving. On average Medicare will only authorize payment for 22 days

Transferring – Help getting into our out of bed or a chair, including a wheelchair, is not covered by Medicare.
Toileting – Help getting onto or off of the toilet and assisting with toileting hygiene is not covered by Medicare.
Bathing – Help bathing, showering, and other assistance needed with personal hygiene is not covered by Medicare.
Dressing – Help to get dressed or undressed is not covered by Medicare.
Eating – Help preparing food and eating is not covered by Medicare.
Ambulation – Help walking or climbing stairs is not covered by Medicare.

What Are My Options?

Without the assistance of Medicare, the monthly expense is difficult for most families to cover. There are three options to pay for Long Term Care expenses.

Long Term Care Insurance

Long Term Care Insurance is designed to pay for chronic medical conditions. These policies pay a daily rate.

Cost – According to the 2020 Price Index, a healthy 55 year old male should expect to pay about $1,700 per year for a policy that offers benefits of $164,000. If unused, those benefits compound over time to offer $386,500 by the time he has reached 85 years of age.
Tax Deductions – If you itemize your deductions, Federal and Kansas tax laws allow a deduction for part or all of your Long Term Care insurance premiums as medical expenses.
State Partnership Program – Having a qualifying Long Term Care policy enables you to apply for Medicaid under modified rules. This allows you to keep more resources and still qualify for Medicaid.

Private Pay

Without the help of any insurance, an individual is required to pay for Long Term Care from their own resources. In Kansas, the average expense will be near $100,000 per year. Bank accounts can drain quickly at this rate. One way individuals sometimes raise the needed funds is to get a reverse mortgage on the family home.

Many people believe that they are required to use all of their resources to pay for this care until they are poor enough to qualify for Medicaid. Advanced Legal Planning may be able to help you qualify more quickly while preserving a significant percentage of your assets.

Medicaid

Medicaid is a needs based benefit to pay for medical care. If you qualify, Medicaid can pay for Assisted Living, Home Health Care, or a Skilled Nursing Facility. Whether someone needs care immediately or there is time to plan, Advanced Legal Planning works with individuals and families to design plans that

Protect the most assets,
Qualify for Medicaid as quickly as possible, and
Allow for the best care to be provided to loved ones in need of Long Term Care.

How Does Medicaid Planning Work?

The laws surrounding Medicaid are extremely complex. It is a federal program which each state manages with some differences. Because Advanced Legal Planning knows how to work within the rules, surprising and beneficial things can be accomplished. The following cases illustrate what is possible.

Case #1

Pauline Has Been Diagnosed With Dementia. She Wants To Be Able To Pass Something Along To Her Children. She Comes To Advanced Legal Planning For Help.

Pauline’s Income – $1,800 Per Month

Pauline’s Assets – $150,000

Pauline’s Cost Of Long Term Care – $8,300 Per Month

Instead Of Waiting For Pauline To Spend Her $150,000 On Long Term Care, Advanced Legal Planning Assists Her With A Gifting Strategy That Works Within The Medicaid Rules.

Once The Plan Is Put Into Place, Pauline Is Able To Qualify For Medicaid Immediately. There Will Be A Period During Which Medicaid Will Not Pay, But The Plan Covers That. Pauline Was Able To Protect A Little Over Half ($75,848) Of Her Assets And Pass Them To Her Children.

Case #2

Arthur And Mary Are Married. Arthur Has Just Been Diagnosed With Dementia. He Wants To Make Sure Mary Has All She Needs When He Is Gone. They Come To Advanced Legal Planning For Help.

Arthur’s Income – $2,000 Per Month

Mary’s Income – $1,500 Per Month

Joint Assets – $300,000

Arthur’s Cost Of Long Term Care – $8,500 Per Month

Advanced Legal Planning Helps Mary And Arthur Create A Plan Where Mary Gets To Keep $125,000 Of Assets. An Additional $157,000 Of Assets Are Turned Into An Income Stream That Will Pay The $157,000 Back To Mary In 36 Months. Arthur Is Immediately Qualified For Medicaid Without Paying The Long Term Care Facility And Without Any Medicaid Penalty Period.

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FAQS

What is Medicaid Planning?

Medicaid Planning involves legally structuring your assets and income to help you qualify for Medicaid assistance, while protecting as much of your wealth as possible. It ensures that you or your loved one can afford quality long-term care without depleting your life savings.

Why should I consider Medicaid Planning?

Long-term care costs in Kansas average nearly $8,000 per month. Without proper planning, many families are forced to spend down everything before qualifying for Medicaid. Medicaid Planning helps you legally protect your home, savings, and assets while securing benefits for needed care.

When should I start Medicaid Planning?

Ideally, Medicaid Planning should begin before you need long-term care, but we can help even during a crisis. The sooner you start, the more options you’ll have to protect assets and qualify for care without penalties.

Can I just give my assets away to qualify for Medicaid?

No. Giving away assets without proper planning can trigger a Medicaid penalty period, delaying your eligibility. Medicaid has a strict five-year look-back period on gifts and asset transfers. Strategic planning with an experienced attorney is essential to avoid disqualification.

Will Medicaid take my home?

In some cases, yes—especially after the Medicaid recipient passes away. However, with the right planning, your home can often be protected from Medicaid estate recovery. Techniques like properly structured trusts or spousal protections can safeguard your property.

What does Medicaid cover that Medicare doesn’t?

Medicare provides very limited long-term care coverage, usually only short-term rehabilitation. Medicaid, on the other hand, covers:

- Long-term nursing home care

- Memory care services

- Personal assistance with activities of daily living (ADLs)

- Some in-home care and assisted living services (depending on the state)

What assets are exempt when applying for Medicaid?

Some assets are exempt, including:

- Your primary residence (up to a certain equity limit)

- One vehicle

- Personal belongings and household goods

- Certain types of prepaid funeral plans

- Limited cash reserves

Strategic planning can help protect more of your non-exempt assets legally.

Can my spouse keep any assets if I qualify for Medicaid?

Yes. Under Medicaid rules, the healthy spouse (Community Spouse) is entitled to keep a portion of the couple’s assets and income. Strategic planning can maximize the amount protected for the well spouse without jeopardizing Medicaid eligibility.

What happens if I apply for Medicaid without a plan?

Without a plan, you risk:

- Being forced to spend down your life savings

- Facing long delays or denials in coverage

- Leaving your spouse financially vulnerable

- Losing your home to estate recovery after death

Working with an experienced Medicaid Planning attorney ensures you avoid these devastating outcomes.

How can Advanced Legal Planning help with Medicaid Planning?

At Advanced Legal Planning, we guide you through every step:

- Analyze your current financial situation

- Legally structure your assets for maximum protection

- Create a personalized Medicaid eligibility strategy

- Assist with Medicaid applications and appeals

- Protect your family’s legacy while securing care

Our goal is simple: Protect What Matters—your health, your family, and your future.

Areas We Proudly Serve

At Advanced Legal Planning, we provide Medicaid Planning and Elder Law services to families across Kansas and Northern Oklahoma. Whether you're in Wichita, Derby, Hutchinson, or any of the surrounding cities, our mission is the same: to help you protect your home, your savings, and your legacy while securing the long-term care you or your loved ones need.

We understand the local rules, the urgency of crisis planning, and how to use the law to your advantage—wherever you live.

Explore our full list of service areas below to find personalized help in your community.