What Happens if You (or a Loved One) Need Nursing Home Care and Haven’t Planned Ahead?

Name: ESTATE PLANNING – Avoid Probate and Take Control of Your Future
Start: 2026-06-22T14:00:00-04:00
End: 2026-06-22
Location: Bistro 214

When a loved one unexpectedly requires long-term nursing home care, it can feel like your world is spinning out of control — especially if no prior legal or financial planning has been done. On this week’s episode of the Elder Law Report podcast, Attorney Greg McIntyre and Attorney Jordan McIntyre sat down to discuss what steps families can take in this situation, and how proper planning can help avoid costly, stressful outcomes like guardianship.

No Planning? You Still Have Options

If a family comes to McIntyre Elder Law and no powers of attorney are in place, we may need to establish guardianship. This is a legal process where the court appoints someone to manage the affairs of an incapacitated person. While this can be a solution, it is time-consuming, often costly, and places decisions under the oversight of the court.

Despite this, there are still planning tools available — even at this stage. If the person needing care is married, attorneys can help protect a portion of the couple’s assets for the “community spouse” (the spouse remaining at home). This is known as the Community Spouse Resource Allowance, a Medicaid rule designed to prevent spousal impoverishment.

“We can sometimes do a traditional spend-down or even apply for Medicaid benefits while helping preserve assets,” Jordan explained. “But if we don’t have the right legal documents in place, we’re limited on how we can help.”

Why Powers of Attorney Are Crucial

To avoid guardianship altogether, Greg and Jordan stress the importance of preparing two key documents in advance:

General Durable Power of Attorney (GDPOA): This gives a trusted person the legal authority to handle financial and legal affairs.
Healthcare Power of Attorney (HCPOA): This allows someone to make medical and placement decisions on your behalf.

It’s important to understand that not all powers of attorney are created equal. Some may lack critical provisions — such as robust gifting authority or specific healthcare powers — that are necessary for elder law planning.

Jordan noted, “One of the first things I check is the gifting provision. If that’s too limited, it could severely hinder our ability to protect assets and qualify for Medicaid.”

Planning Saves Time, Money, and Stress

If powers of attorney are drafted properly, the process of securing benefits and protecting property becomes much more manageable. “You choose who manages your affairs — whether it’s a spouse, child, or someone else you trust — and you keep court oversight out of the picture,” Greg said.

Even if you’re already in an emergency situation, McIntyre Elder Law has a team ready to step in and help. We can pursue guardianship if necessary, then work to petition the court for asset protection strategies such as the use of a Lady Bird Deed to protect the home.

Although using a Lady Bird Deed under guardianship is a legal gray area, Greg explains that since the transfer doesn’t occur until death, the property can often be protected without issue.

How McIntyre Elder Law Can Help

After a lifetime of working hard, paying taxes, and building a home, no one wants to lose everything to long-term care costs. “We’re just trying to hold onto what we’ve worked so hard for,” Greg said. “And the system is set up with rules — you just have to know how to navigate them.”

At McIntyre Elder Law, the focus on helping families understand those rules, apply them strategically, and protect assets both during life and for future generations.

Schedule a free consultation today by visiting mcelderlaw.com/scheduling or calling 1-888-999-6600.