Do You Need a Lawyer for Nursing Home Assistance?

Law Office of David Waterstradt • June 13, 2025

When Is the Right Time to Talk to an Elder Law Attorney?

No one enjoys that part of life when our parents or loved ones grow so old they can’t take care of themselves. In many cases, even if you want to, you don’t have the time to care for someone who requires twenty-four-hour assistance, like those suffering from dementia.

But these moments are inevitable, especially if you have aging parents, and there are times when we have no choice but to find a good nursing home for them to live out their final years. Navigating this process is overwhelming, which is why you’re considering legal help. In this blog, we’ll go over nursing home assistance and whether or not you need a lawyer.

So, Do I Need a Lawyer?

Yes. You do. It’s smart to consult with an elder law attorney when trying to find a nursing home for yourself or a loved one. This is especially true when it comes to asset protection and Medicaid planning. A good elder law attorney will help you understand your rights and assist with complex legal issues like contracts. In the long run, a lawyer can save you money.

Why a Lawyer Is Beneficial

Medicaid Eligibility

As we age here in the United States, Medicaid becomes a significant source of funding for nursing home care. But becoming eligible can be a complex process subject to specific rules. An attorney can help you prepare your application and ensure you meet the requirements. They can also help you understand the rules, so you know what you’re signing when you find a place.

Asset Protection

We all collect certain assets as we age, and many of us would like to leave a portion to our families. Nursing homes are notoriously expensive and can drain a person's finances. A lawyer will help you protect your assets through trusts or other legal arrangements. This ensures that your loved one’s care is funded, but your assets are protected for the future.

Rights and Admission Agreements

Admission agreements for nursing homes can be complex. It’s important to understand your rights, your loved one’s rights, and the facility’s obligations. A good lawyer will review your agreement—including the fine print—and advise you about its implications so you know your rights are protected.

Medicaid Appeals

Sometimes a Medicaid application is denied. A lawyer will help you appeal that denial by explaining the reasons and gathering the necessary evidence for your appeal.

Legal Disputes

If your loved one is suffering from abuse or neglect in a nursing home, a lawyer can represent them and pursue legal action. It’s the only way to seek compensation and justice for you or your loved one.

Estate Planning

If you’ve accumulated assets, it’s essential to create a comprehensive estate plan to address long-term care needs and ensure your assets are distributed according to your wishes.

When Is the Best Time to Consult an Attorney?

The following situations are great times to consult an elder law attorney:

If you don’t know whether you meet Medicaid eligibility requirements.
If you have assets you want to protect.
If you want to understand your rights and obligations.
If you suspect nursing home neglect or abuse.
If a nursing home is contacting you for debt collection.
If you want a comprehensive estate plan.

Need a Nursing Home Planning Attorney in Muskegon, MI?

If you live in Fremont, Norton Shores, Whitehall, or Coopersville, MI, and you’re considering nursing homes and have legal questions, contact certified elder law attorney David Waterstradt. David also has thirty years of experience in veterans’ law, wills, trusts, and estate planning. Protect your assets and get the care you need with David Waterstradt on your side.

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