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 |  IL Licensed Attorney · ARDC

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Estate Planning + Probate

Probate & Estate Administration · Illinois

Elder Law & Medicaid Protect Your Assets Before a Crisis Forces the Issue

Nursing home costs in DuPage County exceed $10,000 per month. Without proactive Medicaid planning, a long-term care event can devastate a lifetime of savings in months. Brad Plaschke helps Illinois families protect what they’ve built — before it’s too late to act.

The Cost of Inaction

The Numbers Every Illinois Family Needs to See

$120K+

Annual nursing home cost, DuPage County, IL

5 yrs

Illinois Medicaid look-back period for asset transfers

70%

Americans who will need long-term care after age 65

$2K

Illinois Medicaid asset limit for an individual applicant

Without a Plan

Medicaid requires you to spend down to $2,000 in assets before qualifying for nursing home coverage. Your home, savings, and investments are consumed. Your spouse may be left with minimal resources. Assets you intended to pass to your children are gone.

With Proactive Planning

An irrevocable Medicaid trust established 5+ years before applying can protect your home and significant assets from the Medicaid spend-down requirement — preserving your family’s inheritance and ensuring your spouse’s financial security.

"The 5-year look-back period is unforgiving. Families who contact me after a parent has entered a nursing home often have almost no planning options left. The families who plan early preserve everything."

— Brad Plaschke, Managing Attorney · ARDC #6225854

Elder Law Services We Provide

Comprehensive Senior Legal Planning

01

Medicaid Pre-Planning

Irrevocable Medicaid asset protection trusts, asset repositioning, and spend-down strategies designed well in advance of a nursing home admission — before the 5-year look-back begins.

02

Crisis Medicaid Planning

When a loved one is already in or entering a nursing home, options narrow — but don’t disappear. Brad evaluates what can still be protected under Illinois Medicaid rules and implements an immediate strategy.

03

VA Benefits Planning

Illinois veterans and surviving spouses may qualify for Aid & Attendance benefits — up to $2,300/month for care costs. Brad assists with qualification structuring and application for eligible clients.

04

Guardianship & Conservatorship

When a loved one lacks capacity and there are no valid powers of attorney in place, Illinois guardianship provides a legal framework. Brad guides families through the DuPage County circuit court process.

How It Works

Our Elder Law Planning Process

01

Week 1

Situation Assessment

Brad reviews current health status, assets, family structure, and timeline. This determines whether pre-planning or crisis planning is appropriate and what strategies are available.

02

Week 1–2

Strategy Design

A personalized plan is designed — potentially including an irrevocable trust, asset transfers, spousal protection strategies, and coordination with Medicaid eligibility rules.

03

Week 2–3

Document Drafting & Review

Trust instruments, deed transfers, and ancillary documents are drafted and reviewed in plain language. Every provision is explained so the family understands the plan completely.

04

Ongoing

Implementation & Monitoring

Asset transfers are executed, the look-back clock begins, and Brad monitors the plan for changes in Medicaid rules or family circumstances that may require adjustment.

Frequently Asked Questions

What is the Illinois Medicaid look-back period?

Illinois Medicaid reviews all asset transfers made within the 5 years prior to a nursing home Medicaid application. Gifts, transfers to trusts, or other asset movements made within that window may result in a penalty period during which Medicaid will not pay for care. Planning must begin before this window opens — ideally 5+ years before any anticipated need.

Yes, with proper advance planning. An irrevocable Medicaid trust can hold your home outside of your countable assets — as long as it was established at least 5 years before you apply for Medicaid. If planning happens too late, Illinois may place a Medicaid estate recovery claim on your home after your death. Early action is critical.
Illinois Medicaid’s “spousal impoverishment” rules allow the community spouse (the one remaining at home) to keep a Community Spouse Resource Allowance — typically up to approximately $148,000 in countable assets (2026 figure) plus the primary residence and vehicle. Brad helps couples maximize protection of the community spouse’s resources within these rules.
An irrevocable Medicaid asset protection trust holds your assets in a trust you no longer legally own or control. Because the assets are no longer “yours” under Medicaid rules — and assuming the 5-year look-back has passed — they are excluded from the Medicaid asset calculation. You give up ownership but typically retain the right to income generated by trust assets during your lifetime.
Often not entirely. While options are significantly more limited once nursing home admission has occurred, strategies such as annuities, promissory notes, and spousal asset reallocation may still be available to protect a portion of the estate. Brad will give you an honest assessment of what can still be accomplished in a crisis planning situation.

What Families Say

“Brad’s Medicaid planning saved our family’s home when my father needed nursing care. We had set up the trust five years earlier on Brad’s recommendation — it was exactly the right advice at exactly the right time. The house stayed in the family.”

Thomas W.

Naperville, IL

“My mother was facing a nursing home admission and we thought everything was at risk. Brad found strategies we didn’t know existed and protected more than we thought possible even at that stage. His knowledge of Illinois Medicaid rules is remarkable.”

Carol B.

Aurora, IL

“Brad helped my father qualify for VA Aid & Attendance benefits — over $2,000 a month toward his assisted living costs. We had no idea this benefit existed. The financial relief for our family has been significant.”

John F.

Bolingbrook, IL

Don't Wait Until a Crisis Forces the Issue

Medicaid planning must be in place before it’s needed — not after. Schedule a free review to understand your options while you still have them.

Attorney advertising. Not legal advice. No attorney-client relationship created by this website. IL ARDC #6225854.