Sikov and Love, P.A.Elder Law Pittsburgh Lawyer | Pennsylvania Power of Attorney Lawyer | Bethel Park Monroeville PA Wills & Trusts Attorney2026-05-28T20:49:14Zhttps://www.sikovandlove.com/feed/atom/WordPress/wp-content/uploads/sites/1103333/2023/07/cropped-SK-fav-icon-32x32.pngOn Behalf of Sikov and Love, P.A.<![CDATA[The difference between guardianship and power of attorney]]>https://www.sikovandlove.com/?p=522862026-05-26T20:51:32Z2026-05-28T20:49:14ZWhether due to age or a genetic or medical condition, those who experience cognitive decline and physical limitations generally need extra support.
When people require outside support to manage their finances or medical care, there are two common, legal ways for other adults to provide assistance, namely Power of Attorney or Guardianship. Understanding the differences between these two solutions is important for those thinking about their support needs and those concerned about a struggling family member.
Powers of Attorney empower people to choose their support
Adults have the right to decide who can assist them during their lifetime through a Power of Attorney. Financial Powers of Attorney can authorize a trustworthy person to pay bills, manage assets, including real estate, and make other important financial decisions on behalf of an incapacitated person. Medical Powers of Attorney can designate an agent to communicate with health care providers and make choices about an individual’s treatment or placement.Guardianship, on the other hand, is an involuntary process that deprives an individual of control and legal authority. Outside parties petition the courts for Guardianship when there is medical proof of their incapacity. If the courts agree that a person can no longer manage their affairs due to a physical, psychological, or other condition, the courts select another competent adult to assume guardianship authority.Like agents under Powers of Attorney, Guardians make decisions about daily care needs, medical treatment, and financial matters on behalf of those who struggle to understand their circumstances and respond to difficult situations. Many people fear the prospect of Guardianship, especially because they cannot control who the courts appoint. The litigation process generates expenses, and the court oversight involved can feel invasive. Guardianship is only granted where the person lacks sufficient supports to maintain their daily needs, which can include caregivers, family, or an agent under Power of Attorney.Establishing Powers of Attorney, specifically durable Powers of Attorney that remain in effect, even in the event of incapacity, can protect people from the risk of an involuntary Guardianship if their health and mental acuity decline later in life. An agent’s authority can also be limited by the terms in the Power of Attorney. Taking the time to prepare before a crisis occurs provides peace of mind and support for those who may have serious medical issues.Working with an estate planning attorney can help those concerned about their future support needs avoid Guardianship later in life. A lawyer can help draft Powers of Attorney that address individuals’ needs and protect them from involuntary Guardianship.]]>0On Behalf of Sikov and Love, P.A.<![CDATA[Can a nursing home take your house in Pennsylvania?]]>https://www.sikovandlove.com/?p=522922026-05-12T14:37:10Z2026-05-26T14:35:53ZOne of the most common fears families have when a loved one needs long-term care is this:“Will the nursing home take our house?”It is an understandable concern. For many people, the home is their single largest asset and carries deep emotional value. The good news is that, in most situations, a nursing home does not simply take ownership of your house. However, Medicaid rules can apply to home ownership, and planning ahead can make a significant difference.Below is a general overview of how the law works in Pennsylvania and what you and your family should know when facing this difficult situation.
The Short Answer: Not Usually - But It Depends
A nursing home itself does not take your house as payment for care. The issue usually arises when a person needs financial assistance through Medicaid to pay for long-term care.Whether your home is protected depends on factors such as:
Whether a spouse still lives in the home
Whether another qualifying family member lives there
The value of the home
Whether planning has been done in advance
Every situation is different, which is why understanding the details early can help families make better decisions.
When Your Home Is Protected Under Medicaid
To be eligible for Medicaid in Pennsylvania, you cannot have more than $8,000 (or $2,400 for higher income individuals) in countable assets. In 2026, a home worth less than $752,000 is considered an exempt asset for Medicaid eligibility. This means it will not count against you when determining whether you qualify for benefits.Common situations where the home may be protected include:
A spouse is still living in the homeIf one spouse enters a nursing home, the healthy spouse can remain in the house and take over ownership.
A dependent or disabled family member lives in the homeCertain relatives may qualify to remain in the home without affecting eligibility.
The nursing home resident intends to return homeIf there is a reasonable expectation of returning home, the property may remain exempt.
What Is Medicaid Estate Recovery?
Even though a home is typically exempt from Medicaid consideration during a person's lifetime, it may still be affected later through Medicaid estate recovery.Estate recovery is where Medicaid seeks reimbursement from the estate of the Medicaid recipient for money expended on their behalf after they pass away. Recovery may be delayed or stopped when:
Certain hardship or caregiver child exceptions may apply
Non-probate planning strategies may reduce or avoid recovery
Transfers more than 5 years before qualifying for Medicaid
When a Home Might Be at Risk
A home may be more vulnerable when planning has not been done in advance.For example:
A single individual enters a nursing home and needs Medicaid
No spouse or qualifying family member can afford to live in or maintain the home
The property becomes part of the estate after death
Even in these situations, there may still be options available.
When to Talk to an Elder Law Attorney
You should speak with an elder law attorney if you are concerned about the costs of long-term care and how that might affect your home. These decisions can have lasting financial consequences, and reliable guidance can help families feel more confident during a challenging time.]]>0On Behalf of Sikov and Love, P.A.<![CDATA[The importance of early planning: Why you should start thinking about elder care law]]>https://www.sikovandlove.com/?p=522892026-05-12T14:32:05Z2026-05-12T14:32:05ZAs we journey through life, planning for the future becomes increasingly crucial. For individuals in Pittsburgh and beyond, early elder care planning can make all the difference in ensuring peace of mind and a secure future.
At [nap_names id="FIRM-NAME-1"], we understand the complexities of elder law and the importance of preparing for the inevitable changes that come with age and experience.
The Benefits of Early Planning
Financial Security and Asset Protection
Early planning helps you make the most of your money and ensures you don’t deplete your life savings on long-term care expenses. By planning ahead, you can explore options like gifting or establishing annuities or trusts that provide financial stability and peace of mind for you and your loved ones.
Tailored Long-Term Care Solutions
Every individual’s needs are unique, and early planning enables you to customize your long-term care strategy. Whether it’s selecting the right Medicare plan or looking into independent or assisted living, starting early ensures that you have ample time to explore all available options. Our experienced attorneys can guide you through each step, ensuring that your plan aligns with your personal and financial goals.
Empowerment Through Legal Preparedness
Having the right legal documents in place is vital for effective elder care planning. Durable powers of attorney, health care powers of attorney, and HIPAA authorizations are just a few of the documents that can ensure your wishes are respected. Early planning gives you the opportunity to thoughtfully select trusted individuals to make decisions on your behalf, should you become unable to do so.
Reducing Stress and Uncertainty
Life is unpredictable, and while we cannot foresee every challenge, early planning can significantly reduce the stress and uncertainty of your future needs. By addressing potential issues now, you can focus on enjoying life, knowing that you and your loved ones are prepared for whatever the future may hold.
How We Can Help
At [nap_names id="FIRM-NAME-1"], our compassionate and knowledgeable attorneys are here to support you every step of the way. Whether you’re looking to protect your assets, navigate Medicaid planning, or establish crucial legal documents, our team is equipped to provide comprehensive elder law services tailored to your needs.With decades of experience and a commitment to serving the Pittsburgh community, we stand ready to assist you in creating a robust elder care plan. Don’t wait until it’s too late - take charge of your future today.]]>0On Behalf of Sikov and Love, P.A.<![CDATA[Special needs trusts 101]]>https://www.sikovandlove.com/?p=522732025-11-17T21:35:10Z2025-12-03T21:32:16ZTypes of Special Needs Trusts (SNT)
First-Party SNT: Funded with the individual’s own assets, like a settlement or inheritance, often with a Medicaid payback provision.
Third-Party SNT: Created by family members, funded with their assets, offering more flexibility and no payback requirement.
Pooled Trusts: Managed by nonprofit organizations, ideal for smaller asset amounts or families seeking shared administration.
Benefits of a Special Needs Trust
Preserves Benefits: Funds in the trust don’t count as personal assets for Medicaid or SSI purposes.
Flexibility: Covers supplemental needs, such as therapy, transportation, or recreational activities, enhancing quality of life.
Future Security: Ensures long-term financial support, even after you’re gone.
Additional Planning Tools
Beyond SNTs, other legal tools support a smooth transition:
Guardianship: If your loved one cannot make decisions independently, a guardianship may be necessary to manage their medical or financial affairs. We guide families through Pennsylvania’s Orphans’ Court to establish appropriate guardianships.
Powers of Attorney: A mental health or financial power of attorney allows you or a trusted individual to act on your loved one’s behalf without full guardianship.
Medical Directives: Ensure your loved one’s healthcare preferences are honored, especially in emergencies.
ABLE Accounts: A special tax-advantaged account for individuals with disabilities to pay for certain housing, education, and medical expenses.
Integrating Long-Term Care and Asset Protection
Transition planning often overlaps with elder law and long-term care considerations, especially if your loved one requires ongoing support. Pennsylvania’s high care costs - which can average $12,000 monthly for nursing homes - highlight the need for asset protection. Strategies like SNTs, combined with Medicaid planning, can safeguard family resources while ensuring your loved one qualifies for benefits. Our attorneys analyze your financial situation to develop comprehensive plans, incorporating tools like irrevocable trusts or strategic gifting to meet Medicaid’s five-year look-back requirements.
Common Questions About SNTs for Minor Children
Q: When should I start planning?A: Begin before your child turns 18 to avoid disruptions in benefits or decision-making authority. Early planning maximizes options.Q: Can my child inherit money safely?A: Yes, with an SNT, inheritances can be protected without affecting Medicaid or SSI eligibility.Q: What if my child receives a settlement?A: A first-party SNT can hold settlement funds, preserving benefits while providing for their needs.
Plan for Your Loved One’s Future Today
Transitioning to adulthood with special needs requires careful planning to protect benefits and ensure lifelong care. At [nap_names id="FIRM-NAME-1"], our Pittsburgh special needs planning attorneys are dedicated to crafting personalized solutions, from special needs trusts to guardianships. Contact us at [nap_phone id="LOCAL-CT-NUMBER-Local CTN"] or through our online form to schedule a consultation and secure your loved one’s future with confidence.]]>0On Behalf of Sikov and Love, P.A.<![CDATA[Transition planning: From minor to adult with special needs in Pennsylvania]]>https://www.sikovandlove.com/?p=522712025-11-17T21:37:45Z2025-12-01T21:30:21ZAs a parent or guardian of a child with special needs in Pennsylvania, preparing for their transition to adulthood is a critical step. Turning 18 brings legal and financial changes that can affect eligibility for government benefits like Medicaid and Supplemental Security Income (SSI).
At [nap_names id="FIRM-NAME-1"], our Pittsburgh attorneys have been serving families since 1952, and work with special needs individuals to ensure their future is secure. This article outlines key considerations and tools, such as special needs trusts, to protect your loved one’s benefits and quality of life.
Why Transition Planning Matters
When a child with special needs turns 18, they gain legal independence. Without proper planning, an inheritance, personal injury settlement, or even well-meaning gifts could disqualify them from benefits like Medicaid or SSI. Transition planning, even before your child reaches adulthood, ensures your child’s financial and care needs are met while preserving their benefits.
Key Challenges at Age 18
Loss of Parental Authority: At 18, parents have a much harder time making legal or medical decisions without a power of attorney or guardianship.
Benefit Eligibility Risks: Assets over $2,000 (for SSI) can disqualify your child unless placed in protective structures like a special needs trust.
Care Continuity: Ensuring consistent access to medical care, therapies, and support services requires proactive legal planning.
The Role of Special Needs Trusts
A special needs trust (SNT) is a powerful tool to provide for your child without jeopardizing government benefits. Assets in an SNT are not counted toward Medicaid or SSI eligibility, allowing your child to receive inheritances, settlements, or gifts while maintaining access to critical programs. At [nap_names id="FIRM-NAME-1"], we craft tailored estate plans to fit your family’s unique needs, ensuring funds are available to special needs family members for expenses like medical care, education, or personal support that government benefits don’t cover. Contact us at [nap_phone id="LOCAL-CT-NUMBER-Local CTN"] or through our online form to schedule a consultation and secure your loved one’s future with confidence.]]>0On Behalf of Sikov and Love, P.A.<![CDATA[Divorce over 50 in Pennsylvania: Safeguarding against long-term care costs]]>https://www.sikovandlove.com/?p=522692025-11-17T21:38:03Z2025-11-19T19:48:50ZAsset Protection Strategies
When assets are split following a divorce, this can affect your savings meant to cover long-term care costs. We assist our clients in maintaining their long-term estate plan despite changes in circumstances:
Irrevocable Trusts: Shield assets from nursing home costs after five years.
Immediate Annuities: Convert assets into income to qualify for Medicaid.
Long-Term Care Insurance: Cover care costs to reduce strain on savings.
Exempt Resources: Use assets for prepaid funerals, a newer car, home repairs, paying down mortgages, home loans or other debt payoff to meet Medicaid limits.
Strategic Gifting: Transfer assets carefully to avoid penalties.
Common Questions
Medicare vs. Medicaid: Medicare is insurance that covers short-term care; Medicaid covers long-term care but requires meeting asset and income limits. We can help you qualify post-divorce.
When to Plan: Start at least five years before needing care to maximize options, though solutions exist for urgent needs.
Protect Your Future Today
Divorce doesn’t have to jeopardize your estate or long-term care plans. Our elder law attorneys at [nap_names id="FIRM-NAME-1"], create strategies to protect your financial future and ensure your wishes are carried out. Contact us at [nap_phone id="LOCAL-CT-NUMBER-Local CTN"] or via our online form to schedule a consultation and secure your legacy.]]>0On Behalf of Sikov and Love, P.A.<![CDATA[Divorce over 50 in Pennsylvania: Estate and elder law considerations]]>https://www.sikovandlove.com/?p=522662025-11-17T19:48:30Z2025-11-17T19:48:30ZDivorce after 50 - often called "gray divorce" - can significantly impact your estate and elder law plans. In Pennsylvania, where long-term care costs can average $12,000 per month, a divorce can complicate asset protection and estate planning.
At [nap_names id="FIRM-NAME-1"], our Pittsburgh attorneys, serving clients since 1952, help you navigate these challenges to safeguard your future.
Why Update Your Estate Plan After Divorce?
A divorce significantly affects your estate plan. Pennsylvania law may revoke a former spouse’s benefits in a will, but other documents require manual updates to avoid unintended outcomes. Key reasons to revise include:
Preventing a former spouse from inheriting or having control of assets
Avoiding family disputes
Adjusting for new tax laws or financial changes
Protecting your current family structure
Life Changes Triggering Updates
Divorce affects multiple aspects of your estate plan:
Beneficiary Designations: Update life insurance, retirement accounts, and payable-on-death accounts.
Powers of Attorney: Replace a former spouse as your decision-maker.
Trusts and Assets: Amend trusts or retitle property post-division.
Discuss divorce-related changes in assets or family dynamics.
Revise documents to align with current wishes and Pennsylvania law.
]]>0On Behalf of Sikov and Love, P.A.<![CDATA[The importance of early planning: Why you should start thinking about elder care law]]>https://www.sikovandlove.com/?p=521832025-04-11T14:40:56Z2025-04-11T14:40:56ZAs we journey through life, planning for the future becomes increasingly crucial. No matter where you are in life, early elder care planning can make all the difference in ensuring peace of mind and a secure future.
At [nap_names id="FIRM-NAME-1"], we understand the complexities of elder law and the importance of preparing for the inevitable changes that come with aging. Here's why starting your elder care planning early is essential.
The Benefits of Early Planning
Financial Security and Asset Protection
One of the primary concerns as we age is ensuring that the assets we have accrued during our lifetime are protected. Early planning allows you to safeguard your assets, ensuring that you don’t deplete your life savings on long-term care expenses. By planning ahead, you can explore options like establishing annuities or trusts that provide long-term financial stability and peace of mind.
Tailored Long-Term Care Solutions
Every individual’s needs are unique, and early planning enables you to customize your long-term care strategy. Whether it’s selecting the right Medicare plan or planning for nursing home care, starting early ensures that you have ample time to explore all available options. Our experienced attorneys can guide you through each step, ensuring that your plan meets your personal and financial goals.
Empowerment Through Legal Preparedness
Having the right legal documents in place is vital for effective elder care planning. Powers of Attorney, health care directives, and family care agreements are just a few of the documents that can ensure your wishes are respected. Early planning gives you the opportunity to thoughtfully select trusted individuals to make decisions on your behalf should you become unable to make those decisions due to an illness or condition.
Reducing Stress and Uncertainty
Life is unpredictable, and while we cannot foresee every challenge, early planning can significantly reduce the stress and uncertainty of future elder care needs. By addressing potential issues now, you can focus on enjoying life knowing that you won’t need to plan in the middle of a crisis.
How We Can Help
At [nap_names id="FIRM-NAME-1"], our compassionate and knowledgeable attorneys are here to support you every step of the way. Whether you’re looking to protect your assets, navigate Medicaid planning, or establish crucial legal documents, our team is equipped to provide comprehensive elder law services tailored to your needs.With decades of experience and a commitment to serving the Pittsburgh community, we stand ready to assist you in creating a robust elder care plan. Don’t wait until it’s too late—take charge of your future today. If you’re ready to start planning for your future, or if you have questions about elder care, reach out to our office to schedule a consultation and take the first step towards securing a brighter tomorrow]]>0On Behalf of Sikov and Love, P.A.<![CDATA[4 estate planning considerations for LGBTQ+ individuals]]>https://www.sikovandlove.com/?p=521092025-01-29T21:41:34Z2025-01-29T21:41:34Zthings to consider.
Estate planning helps when you are not married
Married couples enjoy certain benefits, such as shared ownership of most marital property and protections for making emergency medical decisions. Since Pennsylvania eliminated common law marriage after 2004, unmarried couples cannot automatically receive these benefits.
Estate planning documents can give you and those closest to you many of the protections of married couples, including who can use your funds to pay your bills or who can work with your doctors if you can’t do so yourself. An estate plan can offer guidance on your wishes and ensure that they are carried out by those you trust the most.
Making medical decisions
It is important to consider who will make medical decisions if you become incapacitated. Through a medical power of attorney, you can designate your partner or someone else as your medical agent. Without an authorized agent or guardian, Pennsylvania law dictates that one’s closest relatives can make decisions when you are incapable of making those decisions yourself.
Making financial decisions
Likewise, a financial power of attorney can be used if someone needs access to bank accounts or to make other financial transactions, such as when dealing with real estate. Unlike medical decision-making, if you don’t choose an agent, your friends or family may need to seek guardianship over you to manage your finances, which involves notifying your closest relatives.
Dying intestate
If you do not have a Will, you are considered to have died “intestate.” Property that passes into your estate would then pass to your lawful spouse and children, including adopted children. If you do not have a spouse or children, then it will pass to your parents or other next of kin. Depending on your situation, this may not be what you want.
Without an estate plan, your wishes may ultimately be decided by courts or the government instead of you. It is important for everyone, including LGBTQ+ individuals, to know your options and build an estate plan that works for your life circumstances.]]>0On Behalf of Sikov and Love, P.A.<![CDATA[What is a mental health power of attorney?]]>https://www.sikovandlove.com/?p=520932024-12-16T15:54:13Z2024-12-16T15:54:13ZWho can benefit?
Mental health POAs protect many individuals, especially those dealing with mental health issues such as:
Bipolar disorder
Schizophrenia
Severe depression
Anxiety disorders
PTSD
Pennsylvania has two types of mental health documents: declarations and powers of attorney.
A declaration allows you to specify your treatment preferences in advance. A power of attorney appoints an agent to make decisions on your behalf. They can be done as a combined document.
Necessary steps for a mental health power of attorney
To create a mental health POA, you must be at least 18 years old, not under guardianship and not presently involuntarily committed. A mental health POA is valid for two years but remains in effect if you are still incapacitated when it expires.
Providers must follow your POA unless it contradicts accepted medical practice, their policies or the requested treatment is unavailable. If they cannot comply, they must notify you or your agent and try to transfer you to a provider who can.
Consulting a skilled estate planning attorney can be invaluable for these intensely personal and vital decisions. An experienced lawyer can help you understand the options, draft appropriate documents and ensure that others respect your wishes. This guidance can provide peace of mind for you and your loved ones, ensuring that your mental health care aligns with your values and needs.]]>0