Making the decision to move yourself or a loved one into assisted living or a nursing home is never easy. There are emotional, medical, and financial considerations — and it’s easy to feel overwhelmed by the process.

But there’s one step that’s often overlooked, and it could cost you more than you think:

Meeting with an elder law attorney before signing any paperwork.

Here’s why this step is absolutely critical — and how it can protect your rights, your finances, and your future.

1. Admission Agreements Are Legal Contracts — and You Shouldn’t Sign One Blindly

The admission agreement is one of the first things you’ll be handed when entering a care facility. It might seem like a standard form, but it’s actually a legal contract — and it can include some surprising (and problematic) clauses, like:

• Waivers of liability if something goes wrong
• Arbitration clauses that limit your legal options
• Language that makes family members financially responsible
• Restrictions on your ability to leave the facility or make care decisions

An elder law attorney can review the agreement, explain every part in plain English, and negotiate or remove any unfair terms. Don’t sign until you know exactly what you’re agreeing to.

2. Protecting Your Assets: You’ve Worked Hard — Don’t Lose It All

Nursing home care is expensive. It’s not uncommon for families to burn through savings quickly trying to cover long-term care costs.

A skilled attorney can help you:

• Understand what care options are available and what they cost
• Legally protect assets through trusts or other planning tools
• Preserve resources for a spouse or family
• Avoid penalties for improper transfers

With the right planning, you don’t have to lose your life savings just to get the care you need.

3. You Have Rights — But You Need Legal Representation to Protect Them

Federal and state laws guarantee important rights for assisted living and nursing home residents. These include the right to dignity, privacy, autonomy, and protection from abuse or neglect.

But rights only matter if someone is there to defend them.

Having an attorney means:

• You have someone who can advocate for your best interests
• You’re not pressured into signing away your legal options
• You can take action quickly if care is inadequate or your rights are violated

Red Flag: If a facility tells you that you can’t involve an attorney or discourages legal representation — consider that a serious warning sign

4. Medicaid Applications Are Legal Minefields — and Mistakes Are Costly

Many people rely on Medicaid to pay for long-term care. But applying for Medicaid is not just filling out a form — it’s a complex legal process with strict rules.

A qualified elder law attorney will:

• Help you legally qualify for Medicaid
• Navigate the 5-year “look-back” period
• Structure spend-downs correctly
• Avoid penalties for asset transfers
• Represent you in appeals, if needed

Trying to handle this on your own — or hiring someone who isn’t a lawyer — can lead to delays, denials, and serious financial consequences.

5. Beware of Non-Legal Medicaid Application Services

Here’s something not everyone knows: Only attorneys are legally allowed to provide legal advice.

That includes:

• Advising on how to protect assets
• Interpreting Medicaid eligibility rules
• Drafting legal documents (like trusts or power of attorney)

Yet some facilities push residents to use non-lawyer companies to handle Medicaid applications. These services cannot give legal advice — and when they try, they’re breaking the law and putting your application at risk.

Bottom line: You should never enter a facility that prohibits you from hiring an attorney or steers you toward unqualified, non-legal providers.

Final Thoughts: Legal Help Isn’t Optional — It’s Essential

There’s so much at stake when entering an assisted living or nursing home — your health, your dignity, your money, your future.

An experienced elder law attorney can:

• Review contracts
• Protect your assets
• Guide your Medicaid planning
• Ensure your rights are respected every step of the way

Don’t sign anything. Don’t commit to anything. And don’t move in anywhere — until you’ve had legal advice from a qualified attorney.

Your future care deserves nothing less. Contact us today to get started.