At Bowler Twitchell, LLP, we have more than 50 years of combined experience handling guardianships, Medicaid planning, and the full range of elder law matters Las Vegas families face. Our attorneys have served Nevada clients since 2000, bringing depth in estate planning, probate, business law, and real estate law. Contact us online or by phone to speak with an elder law attorney about your situation.

What Elder Law Covers & Why Planning Early Matters

Elder law addresses the legal needs of aging individuals and their families across several intersecting areas: estate planning, incapacity planning, Medicaid planning, guardianship, and asset protection. The Nevada State Bar broadly recognizes estate planning and administration, Medicaid planning, and guardianship as the three main pillars of elder law practice. A complete elder law estate plan typically includes a will, a revocable living trust, a financial power of attorney, a health care power of attorney, and an advance health care directive.

Timing is one of the most consequential factors in elder law planning. Some long-term care benefit programs are asset-dependent, and earlier planning keeps more legal strategies available. Without a plan in place, Nevada courts and state law decide who administers an estate and who receives its assets. Long-term care costs in Nevada have reached levels that make asset protection planning a pressing concern for many Las Vegas families.

Guardianships: Rights & Responsibilities

Our elder law attorneys can handle all the necessary legal details of establishing a guardianship. Nevada courts initiate guardianship when a person becomes incapacitated and hasn’t executed a valid financial power of attorney or revocable living trust. The court hears evidence on incapacity and appoints a guardian, who may be a family member or another qualified individual, and that guardian must report back to the court periodically. A proactive estate plan can make guardianship unnecessary, which is one reason early planning carries so much value.

Nevada recognizes three types of guardianship: over the person, over the estate, and over both. Courts may appoint one or more depending on the extent of the individual’s incapacity. Our attorneys counsel clients on all three types and handle every step of the establishment process. If you obtain guardianship rights over another person, you’ll take on significant responsibilities on that individual’s behalf.

The specific terms of each guardianship may vary, but they generally include duties such as:

• Paying Bills
• Handling Bank Accounts
• Taking Care of Property
• Making Health Care Decisions

Medicaid Planning for Las Vegas Seniors

Our attorneys counsel clients on estate planning and Medicaid planning to help protect assets from the substantial costs of nursing home and long-term care. Mismanagement of financial affairs, including improper asset transfers, can trigger ineligibility for Medicaid benefits and disrupt access to needed care. Because Nevada is an income-cap state for long-term care Medicaid, applicants whose gross monthly income exceeds the applicable threshold may need to route excess income through a Qualified Income Trust, sometimes called a Miller Trust, to qualify for benefits. Asset limits apply as well, and those figures change annually, which is why current legal guidance matters.

Setting up trusts is one strategy used in Medicaid planning, though the type of trust matters significantly. A revocable living trust doesn’t protect assets from nursing home costs. Medicaid planning using irrevocable trust strategies, including Nevada Asset Protection Trusts, may be used to protect assets during the applicant’s lifetime. Nevada also operates programs such as the Frail Elderly Waiver, which provides home and community-based services for seniors who qualify. Our background in business and real estate law is a meaningful advantage for clients whose assets extend beyond personal accounts and residential property into business interests and investment real estate.

Contact Our Nevada Elder Law Attorneys

If you’re dealing with a difficult elder law issue, we’re here to help. We offer free initial consultations, accept all major credit cards, and provide bilingual Spanish-language services. Our Las Vegas elder law attorneys bring the cross-disciplinary experience needed to counsel you through complex multi-asset situations.