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Elder Law Report

Elder Law Report

By: Greg McIntyre J.D. M.B.A.
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Keeping seniors and their families informed and up to date on estate planning, elder law and other matters. We help seniors navigate the legal maze of aging in America.© 2025 Elder Law Report Personal Development Personal Success Political Science Politics & Government
Episodes
  • Spousal Protection: Navigating Nursing Home Costs
    Aug 20 2025

    Facing the possibility that you or your spouse might need nursing home care is daunting enough without the added stress of potential financial ruin. The stark reality—nursing homes cost between $10,000 and $15,000 monthly—means even substantial estates can be rapidly depleted, leaving a healthy spouse vulnerable.

    In this deeply informative conversation, Elder Law attorney Greg McIntyre and his colleague Jane Dearwester demolish common misconceptions about spousal protection while revealing powerful strategies to preserve assets. The duo emphasizes that marriage alone doesn't grant financial authority over a spouse's assets—a dangerous assumption many couples make. They detail why a comprehensive general durable power of attorney with specific gifting provisions serves as the essential "linchpin" for any protection plan.

    The attorneys explain two game-changing tools most people never hear about: Lady Bird deeds and Medicaid Asset Protection Trusts. Lady Bird deeds offer immediate home protection without Medicaid's five-year look-back period—allowing you to maintain complete control of your property while shielding it from recovery. For broader asset protection, irrevocable trusts create crucial separation between you and your assets while still allowing you to receive income benefits. As Greg explains, "You get the benefits as the lifetime income beneficiary and you get the benefit of the long-term care benefit. It's just a win-win."

    With 70% of people over 65 eventually needing long-term care, preparation isn't optional—it's essential. Take the first step toward protecting your spouse and preserving your legacy by scheduling a free consultation at mcelderlawcom/scheduling or calling 1-888-999-6600.

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    21 mins
  • Navigating Difficult Discussions: Planning Your End-of-Life Wishes
    Aug 13 2025

    We all avoid the uncomfortable conversations, but what if facing them actually brought peace of mind? Attorney Greg McIntyre tackles one of life's most difficult topics—end-of-life planning—with compassion, wisdom, and practical guidance.

    Drawing from his two decades of experience in estate planning and elder law, Greg shares why these sensitive discussions shouldn't be postponed. He applies the powerful "Eat the Frog First" principle, suggesting that addressing our most challenging tasks first—like healthcare directives and asset distribution plans—allows everything else to flow more easily. When we face these difficult conversations head-on, we experience reduced anxiety, improved health, and the comfort of knowing our affairs are properly arranged.

    Greg acknowledges that family dynamics sometimes make direct conversations about inheritance, healthcare decisions, and financial matters problematic. That's where professional guidance creates a crucial "safe space" for expressing wishes confidentially. Through proper planning, you can prevent guardianships, protect your home and retirement accounts, and provide clear direction for your loved ones during challenging times. Despite his own admitted discomfort with discussing death, Greg emphasizes that these conversations remain essential for responsible family planning.

    Ready to create your personalized end-of-life plan in a judgment-free environment? Schedule a free consultation by calling 1-888-999-6600 or visit mcelderlawcom to secure peace of mind for yourself and your family today.

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    6 mins
  • The One Big Beautiful Bill: What NC Residents Need to Know About Long-Term Care Changes
    Jul 30 2025

    The landscape of long-term care benefits in North Carolina is shifting dramatically with the implementation of the "One Big Beautiful Bill." This legislation introduces several key changes that could significantly impact how you or your loved ones access crucial healthcare services when they're needed most.

    Most notably, the bill establishes a flat home equity cap of $1 million for Medicaid eligibility. For homeowners who have built substantial equity over decades – particularly in urban areas with higher property values – this could create unexpected barriers to receiving necessary care. Fortunately, several protective measures remain available, including convertible trusts, irrevocable Medicaid asset protection trusts, and traditional life estate deeds, but timing is critical. These strategies must be implemented outside the five-year look-back period to be effective.

    The legislation also introduces more frequent eligibility redeterminations (now semi-annual rather than annual) and reduces the retroactive coverage period from 90 days to just 30 days. This shortened window makes immediate action essential when facing a healthcare crisis. Waiting even a few weeks to begin the application process could result in thousands of dollars in uncovered expenses that previously would have been retroactively covered.

    Despite these challenges, proactive planning remains your strongest defense. By putting protective measures in place before they're needed, you can avoid sacrificing your home or other assets due to a long-term care situation that's no fault of your own. The tools available haven't changed – but the urgency of implementing them has increased substantially.

    Ready to protect what you've worked so hard to build? Call us at 1-888-999-6600 to schedule a free consultation. Let's develop a strategy that shields your assets while ensuring you maintain access to the care you may need in the future.

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    8 mins
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In the spirit of reconciliation, Audible acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.