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When a loved one unexpectedly needs nursing home care, it can feel overwhelming — especially if no prior legal or financial planning has been done. On this week’s episode of the Elder Law Report podcast, Attorneys Greg McIntyre and Jordan McIntyre break down what families can do when facing this situation and how the right planning can help you avoid costly and stressful outcomes like guardianship.

No Power of Attorney? We Can Still Help

Even if no legal documents are in place, our attorneys can guide you through options like establishing guardianship — a court process where someone is appointed to manage a loved one’s affairs. While not ideal, it can be necessary in an emergency.

If the person needing care is married, we may be able to protect a significant portion of the couple’s assets for the spouse still living at home. This is done through Medicaid strategies like the Community Spouse Resource Allowance.
 

🛑 Don’t assume all is lost. There may still be tools available to protect your family’s future.

Why Powers of Attorney Matter
To avoid guardianship, two key legal documents should be in place before a crisis:
✔️ General Durable Power of Attorney (GDPOA) — Gives authority to manage finances and legal matters.
✔️ Healthcare Power of Attorney (HCPOA) — Lets a trusted person make healthcare and placement decisions.

Not all POAs are created equal. Many lack key provisions — like strong gifting authority — that are critical for Medicaid planning and asset protection.

Planning Ahead = Peace of Mind

With the right documents in place, you stay in control of:
✅ Who manages your affairs
✅ How your property is protected
✅ Avoiding costly court involvement

Even if you're already in a crisis, our team can step in immediately, pursue emergency guardianship if needed, and apply strategies like the Lady Bird Deed to protect your home.

Thank you for reading our e-newsletter dedicated to protecting your assets and planning for long-term care. We look forward to assisting you with strategic legal solutions that ensure your peace of mind.

Greg McIntyre

Elder Law & Estate Planning Attorney 

P.S. Sharing is caring! Forward this newsletter to someone who may benefit from understanding the power of Revocable Living Trusts.