Elder Law
Elder Law & Asset Protection Planning in Rhode Island
Protecting a lifetime of savings while ensuring access to quality care is one of the most pressing concerns facing Rhode Island seniors and their families. Our elder law practice focuses on proactive, strategic planning that safeguards your assets from the high cost of long-term care particularly nursing home care while preserving your legacy for the people who matter most.
Medicaid Asset Protection Trusts
- Determine whether a MAPT fits their overall financial and family situation
- Properly fund and title the trust to avoid disqualifying transfers
- Coordinate trust planning with existing wills, powers of attorney, and beneficiary designations
- Navigate Rhode Island’s five-year look-back period and structure timing around anticipated care needs
Crisis & Last-Minute Medicaid Planning
Not everyone has the luxury of planning years in advance. When a spouse or parent
unexpectedly needs nursing home care, families often face devastating “spend-down”
requirements. Even in a crisis, legal strategies—such as spousal asset transfers, qualifying
annuities, and properly drafted promissory notes—can preserve significant assets while
securing Medicaid eligibility, even after care is already needed.
Long-Term Care & Nursing Home Planning
The cost of long-term care in Rhode Island can quickly deplete a family’s savings. We help clients understand:
- Rhode Island’s Medicaid LTSS eligibility rules and countable vs. exempt assets
- Spousal protections, including the Community Spouse Resource Allowance (CSRA)
- Income planning, including Qualified Income Trusts (“Miller Trusts”) where required under Rhode Island rules
- Coordinating Medicaid planning with VA Aid & Attendance benefits and long-term care insurance
- Rhode Island’s home equity limits and treatment of the primary residence
Disaster & Emergency Preparedness Planning
True elder law planning means being prepared for the unexpected. We help Rhode Island families create a comprehensive emergency plan that includes:
- Properly executed Rhode Island powers of attorney and healthcare proxies, so trusted decision-makers can act immediately if you’re incapacitated
- Organized, accessible records of essential documents (insurance policies, deeds, account information, advance directives)
- Emergency contact and care plans for sudden hospitalizations, falls, or evacuations
- Guidance on what to do—and who to call—if a loved one suddenly needs placement in a Rhode Island nursing facility
Why Work With a Rhode Island Elder Law Attorney
Medicaid and long-term care rules are complex, state-specific, and constantly evolving. We take the time to understand your full picture and build a plan tailored to your goals, your family, and Rhode Island’s current Medicaid regulations.
Schedule a consultation to discuss your situation and learn how proactive planning can protect what you’ve worked your whole life to build.
Frequently Asked Questions
What is Medicaid Long-Term Care (LTSS) in Rhode Island?
Medicaid LTSS is a program that helps pay for nursing home care, assisted living services, and certain home- and community-based care for eligible Rhode Island residents. Because nursing home costs can exceed $10,000–$13,000 per month, Medicaid is often the only realistic way to afford long-term care—but qualifying requires meeting strict income and asset limits.
Can Medicaid take my house?
In most cases, your primary residence is exempt while you’re alive, as long as you (or your spouse) live there or intend to return. However, after the Medicaid recipient passes away, Rhode Island’s estate recovery program may place a claim against the home to recoup benefits paid. Proper planning—such as transferring the home into an irrevocable trust well in advance—can protect it from estate recovery.
What is the Medicaid look-back period?
Rhode Island has a five-year (60-month) look-back period. When you apply for Medicaid LTSS, the state reviews all financial transactions and transfers made during the previous five years. Transfers made for less than fair market value during this period can result in a penalty period of ineligibility. This is why early planning is so important.
Is it too late to plan if my parent already needs nursing home care?
No. While early planning offers the most options, crisis planning strategies—such as spousal transfers, annuities, and promissory notes—can still protect substantial assets even when care is needed immediately.
What’s the difference between a revocable and irrevocable trust for Medicaid planning?
A revocable trust offers no Medicaid protection, since you retain control over the assets and they remain countable. An irrevocable Medicaid Asset Protection Trust, by contrast, removes assets from your countable estate after the five-year look-back period, while often still allowing you to live in your home and receive trust income.
What happens to my spouse if I need nursing home care?
Rhode Island Medicaid rules include spousal protections, such as the Community Spouse Resource Allowance (CSRA), which allows the spouse remaining at home to retain a portion of the couple’s assets and income. Proper planning can help maximize these protections.
Do I need a power of attorney and healthcare proxy?
Yes. These documents allow someone you trust to manage your finances and make medical decisions if you become incapacitated—without them, your family may need to go through a costly and time-consuming guardianship process in Rhode Island Probate Court.
How much does an irrevocable Medicaid trust cost, and is it worth it?
While there is an upfront cost to establish a Medicaid Asset Protection Trust, the potential savings can be substantial—often protecting hundreds of thousands of dollars in assets that would otherwise be spent on long-term care.
When should I start planning?
The best time to start is now, ideally five or more years before long-term care is needed. However, our office also assists families facing immediate or crisis situations.