Practice Area · TennCare, Long-Term Care & Benefits
Elder Law & Medicaid Planning Attorney in Franklin, Tennessee
Protecting what you’ve built while planning for the care you or a loved one may need.
Overview
What is Elder Law and Medicaid Planning?
Elder law is the area of legal practice focused on the issues that come with aging: long-term care, benefits qualification, capacity, healthcare decisions, and passing on assets in ways that account for all of it. Medicaid planning is the piece specifically focused on qualifying for long-term care benefits through TennCare (Tennessee’s Medicaid program) without losing the home, savings, and legacy you spent a lifetime building.
Long-term care in Tennessee can cost over $100,000 per year. Without planning, that cost can consume an estate in just a few years.
Our Clients
Who We Work With
Our elder law clients fall into two groups. The first is planners: individuals and couples in their 60s and 70s who want to get ahead of long-term care costs while they still have time to structure their assets properly. The second is families in crisis: adult children whose parent has just been diagnosed, hospitalized, or admitted to a facility, and who need to move quickly to protect what they can.
Both groups can be helped. The earlier we start, the more we can protect.
Scope of Work
What We Handle
Every plan is different, but common elements include:
- TennCare qualification planning and applications
- Medicaid Asset Protection Trusts (MAPTs)
- Qualified Income Trusts (QITs) for applicants over the income limit
- Spousal impoverishment planning for married couples
- Crisis planning when care is needed immediately
- Care coordination with financial advisors, CPAs, and care managers
- Powers of attorney tuned for long-term care decisions
- Integration with existing estate plans and trusts
Where capacity has already been lost and no valid power of attorney exists, the path may run through a conservatorship before any planning can begin.
How We Work
Our Approach
Elder law is where planning meets crisis. We handle both, and we understand that families in the middle of a diagnosis aren’t looking for a lecture on what they should have done five years ago. They need practical help now.
For families with time to plan, we structure assets in ways that account for the possibility of long-term care without disrupting your current lifestyle. For families in a crisis, we work fast and focus on what can still be protected.
Both groups can be helped. The earlier we start, the more we can protect.
Tennessee Statutes
Elder Law Under Tennessee Law
TennCare eligibility runs on strict numbers and a long lookback period, and the rules reward families who plan early.
Tennessee’s Medicaid program is called TennCare, and its long-term care benefits are administered through the CHOICES program. For 2026, a single applicant must have $2,000 or less in countable assets and monthly income of $2,982 or less to qualify for nursing home coverage. The community spouse (the healthy spouse who isn’t applying) may keep up to $162,660 in assets and their own separate income.
Certain assets don’t count against the limit: the primary home (with equity limits), one vehicle, personal belongings, and an irrevocable burial trust. TennCare also applies a five-year lookback (60 months) to any asset transfers made before the application, which can result in a penalty period of ineligibility if not properly planned.
The Tennessee Uniform Trust Code (T.C.A. § 35-15-101 et seq.) governs the trust structures used in most Medicaid planning, including MAPTs. Powers of attorney used in elder law fall under the Tennessee Uniform Durable Power of Attorney Act (T.C.A. § 34-6-101 et seq.).
These figures are adjusted periodically, and the strategy that fits a given family depends on their assets, their marital status, and how much time they have.
Common Questions
Frequently Asked Questions
Will Medicaid take my house?
Not while you or your spouse are living in it. The primary home is generally an exempt asset for TennCare eligibility purposes, up to certain equity limits. What families do have to plan for is estate recovery: after the Medicaid recipient’s death, the state may seek reimbursement from the estate, which can include the home. There are structural planning strategies (like MAPTs and lady bird deeds) that address this.
What is the five-year lookback?
TennCare reviews all asset transfers made within the 60 months before your Medicaid application. Gifts and transfers for less than fair market value during that window can trigger a penalty period of ineligibility. This is why Medicaid planning done well in advance of need is so much more powerful than crisis planning.
What is a Medicaid Asset Protection Trust (MAPT)?
A MAPT is an irrevocable trust designed to hold assets so they don’t count for Medicaid eligibility while still providing you with income and some benefits. Because of the five-year lookback, MAPTs work best when funded well in advance of when long-term care is needed. Once the five years pass, the trust assets are generally protected from TennCare’s asset calculation.
How much does long-term care cost in Tennessee?
Nursing home care in Tennessee typically runs over $100,000 per year, and can be significantly higher in the Nashville and Franklin markets. Assisted living and home care are less expensive but still meaningful. This is why long-term care planning is one of the most important financial decisions most families will make.
What is the difference between Medicare and Medicaid?
Medicare is federal health insurance for people 65 and older, paid for through payroll taxes. It covers hospitals, doctors, and short-term rehabilitation, but does not cover long-term custodial care. Medicaid (TennCare in Tennessee) is a needs-based program that does cover long-term care, but only for people who meet strict income and asset limits.
When should I start planning for long-term care?
Ideally in your 60s, well before care is needed. The five-year lookback makes proactive planning far more effective than crisis planning. But even if long-term care is imminent, there are still strategies that can protect meaningful portions of the estate. The right answer is: start now, whatever “now” is.
Next Step
Ready to Get Started?
Schedule a consultation. Whether you’re planning ahead or navigating a diagnosis, we’ll walk through what’s possible and build a plan from there.