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    <title type="text">Law Office of Elizabeth Forgotson Goldberg</title>
    <subtitle type="text">Law Office of Elizabeth Forgotson Goldberg</subtitle>

    <updated>2026-07-01T09:40:23Z</updated>

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        <entry>
            <author>
									                    <name>On Behalf of Law Office of Elizabeth Forgotson Goldberg</name>
				            </author>
            <title type="html"><![CDATA[Can a will cover long-term care and Maryland Medicaid eligibility?]]></title>
            <link rel="alternate" type="text/html" href="https://www.forgotsonlaw.com/blog/2026/07/can-will-cover-long-term-care-maryland-medicaid-eligibility/" />
            <id>https://www.forgotsonlaw.com/?p=255722</id>
            <updated>2026-06-25T19:47:23Z</updated>
            <published>2026-07-01T09:40:23Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Some retirees may feel like their existing estate plan is completely sufficient because they have a standard last will and testament in place. However, while a basic will outlines what happens after you pass away, it provides absolutely no protection for your living years. If you face an unexpected medical crisis or require nursing home care, a traditional will cannot…]]></summary>
			                <content type="html" xml:base="https://www.forgotsonlaw.com/blog/2026/07/can-will-cover-long-term-care-maryland-medicaid-eligibility/"><![CDATA[Some retirees may feel like their existing estate plan is completely sufficient because they have a standard last will and testament in place. However, while a basic will outlines what happens after you pass away, it provides absolutely no protection for your living years.

If you face an unexpected medical crisis or require nursing home care, a traditional will cannot shield your assets or help you qualify for Medicaid. True security requires looking beyond death to plan for your lifelong care needs.
<h2>Traditional estate planning vs. long-term care planning</h2>
The core statutory distinction between traditional estate planning and long-term care planning centers on when these legal protections take effect. Traditional estate planning focuses primarily on asset distribution after death. It utilizes standard wills and basic trusts to transfer property to heirs efficiently.

Conversely, long-term care planning establishes vital legal and asset <a href="https://www.investopedia.com/long-term-care-planning-gen-x-11702560" data-wpel-link="external" rel="external noopener noreferrer">protections while you are still living</a>. It governs your quality of life, manages healthcare decision-making during incapacity and structures your finances to meet strict Medicaid thresholds without forcing you to <a href="https://www.forgotsonlaw.com/wills-and-incapacity-planning/" data-wpel-link="internal">exhaust your life savings on care</a>.
<h2>Why you need to plan for long-term care</h2>
A dangerous mistake many families make is assuming a standard will protects their savings from being entirely consumed by modern long-term care facility contracts and nursing home costs. However, this thinking may drain your retirement accounts to pay for private medical care.

Because a traditional will only takes effect after you pass away, it does nothing to limit your out-of-pocket bills during your lifetime. This misstep leaves your hard-earned wealth fully exposed to expensive monthly nursing home rates.
<h2>Getting the care you deserve as you age</h2>
Planning for the future is about more than just managing money; it is about deciding how you want to live your daily life as you grow older. To prepare effectively, it is wise to take some time to talk openly with your loved ones about your living preferences in the future. Initiating these practical family conversations today may help you secure comfortable and dignified care when you are older.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Law Office of Elizabeth Forgotson Goldberg</name>
				            </author>
            <title type="html"><![CDATA[What happens if a parent becomes incapacitated without a DPOA in Maryland?]]></title>
            <link rel="alternate" type="text/html" href="https://www.forgotsonlaw.com/blog/2026/06/what-happens-if-parent-becomes-incapacitated-without-dpoa-maryland/" />
            <id>https://www.forgotsonlaw.com/?p=255725</id>
            <updated>2026-06-25T19:44:07Z</updated>
            <published>2026-06-25T08:35:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[If your parent is showing signs of cognitive decline, they may not make sound decisions on their affairs. As their child, it is possible not to have authority over your parent’s bank accounts or make their medical decisions. Drafting a durable power of attorney (DPOA) can help address this, but understanding how it works under Maryland law is crucial. Outlining…]]></summary>
			                <content type="html" xml:base="https://www.forgotsonlaw.com/blog/2026/06/what-happens-if-parent-becomes-incapacitated-without-dpoa-maryland/"><![CDATA[If your parent is showing signs of cognitive decline, they may not make sound decisions on their affairs. As their child, it is possible not to have authority over your parent’s bank accounts or make their medical decisions. Drafting a durable power of attorney (DPOA) can help address this, but understanding how it works under Maryland law is crucial.
<h2>Outlining what a DPOA can do for your family</h2>
A DPOA is a legal document that allows your parent to name you as their agent. You can handle their money, real estate properties and business matters. They can also name you in their advance directive, which lets you make medical decisions if they become too sick.

Your legal authority depends on whether they assigned general or limited powers. A general POA means you have <a href="https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=get&amp;section=17-105&amp;enactments=false" target="_blank" rel="noopener external noreferrer" data-wpel-link="external">full control over their affairs</a>, while a limited POA restricts you to certain tasks.

DPOAs take effect immediately when your parent signs it. However, they can also opt for a springing DPOA, which only triggers after a doctor certifies that they are incapacitated.
<h2>Avoiding procrastination with a purpose</h2>
You may think that DPOA is unnecessary until your parent suddenly cannot decide on important matters. If you decide to draft the document at this point, it might be too late. In Maryland, they can no longer legally execute a DPOA if they do not have the mental capacity to understand what they are signing.

As a result, your family may enter court guardianship proceedings. This emotionally stressful process can be costly, only to learn that you cannot decide who controls your parent’s life and finances.
<h2>How legal counsel can protect your family</h2>
Early intervention can help you address the issue while your parent still has legal capacity. An experienced elder law attorney in Maryland can <a href="https://www.forgotsonlaw.com/power-of-attorney/" target="_blank" rel="noopener" data-wpel-link="internal">draft customized incapacity planning documents</a> tailored to your family's unique needs. They will ensure all paperwork meets Maryland's strict guidelines, establishing clear decision-making authority.]]></content>
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