Elder Law, Estate Planning & Medicaid FAQs

Elder law focuses on the legal needs of older adults and their families, including Medicaid planning, long-term care planning, estate planning, powers of attorney, health care directives and probate.

Ideally, well before care is needed. Medicaid has a five-year look-back period for many transfers, so planning ahead often provides more options. However, planning can still be helpful even when care is needed right away.

Depending on your circumstances, there may be options to help protect the family home. Every situation is different, and we review your specific facts before recommending any strategy. No outcome can be guaranteed.

A will directs how your property passes at death and generally goes through probate. A trust can hold assets during your lifetime and may allow them to pass to beneficiaries without probate, with additional privacy and flexibility.

Most adults benefit from a will, a durable power of attorney, a health care proxy and a living will. Many also benefit from a trust, depending on their goals and family situation.

Without a power of attorney, a family may need to seek guardianship through the court to make financial or health care decisions. Planning early helps families avoid that process when possible.

While not always required, probate involves court filings, deadlines and notices that can be difficult to manage alone. An attorney can guide executors through the process and help avoid costly mistakes.

Yes. Pickering Law serves clients in both Rhode Island and Massachusetts.