Elder Law

Seniors face a number of legal concerns that likely haven’t been addressed until this point in their lives. Having a proper plan in place can make the difference between both your quality of care and the amount of assets you retain.


Long-Term Care

When a medical event occurs, oftentimes rehabilitation is needed. Rehabilitation can be covered by Medicare up to 100 days, but only after a 3 night, in-patient stay in the hospital. In other words, the patient must be admitted for 3 days and 3 nights – this is different than being kept at the hospital for observation. Gutwein Law attorneys know the nuances to the Medicare system that make a difference when you need it.

If the patient needs to go from rehabilitation to long-term care, private pay can quickly deplete assets, especially if returning home is not an option. If you do not have the funds, or wish to preserve your assets, Medicaid can help pay for the long-term care. Our attorneys can help develop a Medicaid plan that enables you to receive care while saving money.



Medicaid is a needs-based government benefit. Our attorneys help to obtain Medicaid qualification for those who are over 65 and need long-term care. Depending on your situation, different requirements for Medicaid must be met. For example, different guidelines apply to those that are single versus those that are married, as well as, whether one spouse or both need long-term care. In some situations, it is advisable to spend down money so that qualification standards can be met. This is where planned giving becomes important.

Gifting money may seem simple, but if not done correctly, you could lose the ability to qualify for Medicaid and end up with no money to pay for care. Gutwein Law attorneys will meet you where you are to craft a feasible plan that will put you in the best position possible.



Guardianships are needed when a person is considered incapacitated by a physician and they do not have anyone in power to help them, such as a spouse or Power of Attorney. The legal process of securing a guardian can take up to 45 days and once it is in place, the incapacitated person no longer has the legal power to take care of their own affairs. As such, Guardianship proceedings are not taken lightly when issued by the Court. By getting your (or your loved one’s) Power of Attorney document in place, this situation can almost certainly be avoided.

When unforeseen emergency circumstances arise and a guardianship is needed, a temporary/emergency guardianship may be issued to speed up the process.