Are you or an elderly or disabled loved one in need of additional care but worried about the expense that comes with long-term assistance? 

The average cost for a Private Room in a Nursing Home in Phoenix is currently $9,338 per month! 

You may qualify for the Arizona Long Term Care System (ALTCS), which provides senior citizens and disabled individuals with monetary assistance to pay for continued care. 

While qualifying can be a lengthy and complicated process, our office assists families in planning, qualifying and applying for ALTCS benefits.

We also look for lesser-known potential benefits available, including Veteran’s Administration aid and attendance benefits, as well as how to maximize the use of Trusts to protect as much assets as we can for your family's inheritance. 

We know how expensive care can be and are committed to maximizing your benefits so you and your loved ones can look forward to the future with peace of mind.

Our Mission

We treat every client as if they are our own grandparent, ensuring they get the utmost care and planning available. 

With that in mind, our goal for each client is to:
(1) Ensure a proper estate plan is in place;
(2) Minimize out-of-pocket expenses for applicants and their spouses;
(3) Protect as much assets as the client is comfortable with, and that the law will allow; and
(4) Avoid or minimize the State of Arizona's ability to recover against the estate.

Legal Advice on Medicaid and Elder Law Matters

Late in life, mental or physical disabilities may affect one’s ability to make decisions, which is why general estate planning is a much-needed service. We can provide the assistance you need in handling various legal issues and elder care options relating to your senior’s future.

These include:

  • General estate planning using wills and trusts, including special needs trusts
  • ​Creating and establishing powers of attorney, such as general and durable powers of attorney that will designate someone to act on behalf of your elder when he or she is unable to communicate decisions
  • ​Guidance about Long Term Care Planning, Medicare/Medicaid, Arizona's Long Term Care System, Health Care Power of Attorney, and more
  • Financial Planning for Assisted Living Facilities, Nursing Homes, Income, Estate and Gift Taxes
  • ​Asset Protection so your family can maximize their inheritance
  • ​Drafting of Living Will and Care Instructions so your family knows how to best care for you!

For any questions or concerns you may have about elder care issues, you can rely on Fransua Law, LLC. Our firm focuses the majority of its practice on all aspects of estate planning so that you can have the peace of mind knowing that these matters have been taken care of by a skilled legal professional.

Legal Solutions For Your Elder Law Needs
Planning Options

Educating every person that comes to our office on their planning options is a top priority.

Medicaid is an extremely complex set of rules, exceptions to the rules, and exceptions to the exceptions to the rules. 

To help you understand the options available to you, we offer two ways to work with us:

Educational Workshop

We frequently offer Estate Planning and Medicaid Workshops throughout the community. These workshops are engaging, interactive, and designed to leave you feeling empowered by knowing the options available to best care for your family!

If you attend one of our Workshops, we will waive any future consultation fees for you as a thank you for your time. 

- What Planning Options Are Available in a Crisis;
- What Planning Ahead Helps Families Prepare for Long Term Care, 
- How Asset Protection Works in Arizona, 

We find that after clients attend our workshops they can truly maximize their use of their consultation with our attorney because they now understand how the systems work and what their options are. 

Initial Consultation

If this a Crisis situation (family member is either IN nursing home or going to a Nursing Home soon) then scheduling a consultation may be your best option.

In this 2-Hour Consultation we will:
  • Review your Current Estate Plan: This lets us know what options you have available. We will review your Will, Trust, and Power of Attorney in great detail. 
  • Determine Medicaid Eligibility: We will review your finances with you to see if you qualify for Medicaid's (1) Income and (2) Resource restrictions. If you do not qualify, we will help you figure out what needs to be done in order to qualify.
  • Determine Asset Protection Options: We will figure out if there are any assets you can protect from State Recovery so that you can maximize the inheritance you leave behind for your children and grandchildren.

Contact Us:

If you would like assistance with registering for a Workshop or Scheduling a Consultation, you can either give us a call at (480) 371-1532 or fill out the form below and a member from our team will be in touch by the end of the business day. 

Glowing reviews from our clients...
"Couldn't have been more professional or knowledgable"
"[Aaron] is an attorney who does living trusts and estate planning. He came to our home and explained the entire process. He couldn't have been more professional or knowledgable. He drew up our trust and now we feel we made the best decision ever to protect us, our children and grandchildren. Thank you Aaron!!"
Gayle, a Mesa Estate Planning Client
"Dealing with Death is Hard Enough..."
"Dealing with death is hard enough but dealing with it when that person has absolutely nothing in place for wishes or anything really is quite difficult. I feel so blessed that my children will be worry free with only 1 phone call."
Patrick, a East Mesa Estate Planning Client
"Aaron is extremely knowledgable and made the process so easy for our family."
“I am so pleased with Aaron and Fransua Law. Aaron is extremely knowledgeable and made the process so easy for our family. The Estate Plan he created was extremely comprehensive with our numerous companies/LLC’s which brings relief to all of us! Thank you!”
Steven, a Queen Creek Estate Planning Client
"Aaron was very thorough in the process making sure we understood everything and took the time to answer all our questions."
“My wife and I just finished up our family’s estate planning with Aaron at Fransua Law, and the experience was great. Aaron was very thorough in the process making sure we understood everything and took the time to answer all of our questions. I would definitely recommend Fransua Law for anyone looking to structure their estate plan.”
Korey, a Queen Creek Estate Planning Client
Frequently Asked Questions
What is the Difference between Medicare and Medicaid?
Medicare is health insurance for people over sixty-five. It pays for hospital stays, doctor visits, and medical tests. It covers only limited skilled nursing care. Medicaid is health insurance for limited income people who meet certain economic criteria for eligibility – it does cover the costs of nursing care.
What is Medicaid Planning?
Medicaid Planning involves developing a plan to reallocate your assets in such a way that Medicaid will not take them into consideration when determining your eligibility for coverage. If nursing home care is needed in the future, you can qualify to have Medicaid pay for the cost of care, rather than depleting your own resources to cover these costs.
What is the average cost of care in a Nursing Home in Phoenix, AZ?
A well known financial planning company, GenWorth, has been completing surveys on the cost of long term care for the last 16 years. According to their data, the average cost of a Private Room in a Nursing Home is approximately $9,338 per month, ($112,056 a year).
What is the ALTCS Program?
ALTCS stands for Arizona Long Term Care System. ALTCS is a part of AHCCCS, the Arizona Health Care Cost Containment System. ALTCS is the state program that implements the Federal Medicaid program within the State of Arizona.
What does ALTCS pay for?
For a person receiving nursing home care, ALTCS pays for room and board, all medical and hospital care, prescription medications.

ALTCS offers a complete array of acute medical care services, institutional services, behavioral health services, home and community based services (HCBS) and case management services for all eligible persons. ALTCS is unique in that all covered services are integrated into a single delivery package, coordinated and managed by eight program contractors in the state.
How Do You Qualify for ALTCS or Medicaid in Phoenix?
For a person to qualify, they must:
1) Be a US Citizen or lawful resident alien,
2) Be a Resident of the State of Arizona,
3) Meet the Medical Needs Test,
4) Meet the Income Test (your income must be below certain levels)
5) Meet the Resource Test (you can only have so many assets in your name)
How Much Income Can an Applicant Have to Qualify for ALTCS?
In 2019, you can have no more than $2,313 of monthly income. If you have more than that, then you will need to utilize a Miller Trust to qualify.
If one of us is already in a nursing home, is it too late to protect our assets?
No. It is never too late to protect your assets. The sooner you get started with Medicaid Planning, however, the more you can protect. Contact us today to find out more.
If my Spouse goes into a nursing home, will I have to give away all or most of my assets to keep them from being taken to cover the cost of care?
This question goes to the heart of our Estate Planning mission. Fransua Law LLC uses patent pending Trusts to ensure your assets will not be taken to cover the cost of nursing home care. Our trusts permit you to maintain full control and access to your income while ensuring your assets are not counted towards your eligibility for Medicaid.
I've heard Medicaid or ALTCS can take our house for reimbursement. Is that true?
No, they cannot take your house, nor do they want to. This is one of the Three Myths Of Medicaid. While Medicaid does require the spouses of beneficiaries to contribute some portion their available assets (above a level determined by the state of Arizona) to the cost of care, the federal Spousal Impoverishment Protection law excludes your family home from that calculation.

They can, however, potentially put a lien on your house if you are single. Again, this is something that you should give us a call for.
What is the Resource/Asset Limit for AZ Medicaid Applicants?
For an unmarried applicant, $2,000 in the maximum amount of excess resources that ALTCS counts. There are a number of assets that ALTCS will not count, such as the first $500,00 of equity in an applicant's personal residence, and others.  We highly recommend meeting with us to find the maximum amount of exceptions for your estate.

For a married applicant, the story is a lot different.. The State has an interest in seeing that only patients without means can qualify for the ALTCS program. But the State also has an interest in seeing that the spouse who will remain at home in the community ("the Community Spouse") is not impoverished in the process. So the Community Spouse is permitted to retain assets according a certain limit set by the State- but it's not as much as you would think or expect. 
Should I give away my assets to my kids/friends to qualify for medicaid?
No! There are two problems that come up when you do this. First, ALTCS will penalize you for the uncompensated transfer, and second you will lose control over that asset.

ALTCS penalizes uncompensated transfers by restricting when you become eligible for Medicaid based on the dollar amount that you transferred.  The more you transfer, the longer it will take for you to qualify for medicaid- which means the more money you will be responsible for to pay for long term care.

When you give away assets, you lose control over them. That means you cannot demand them back. And worse, if the person you give them away to is subject to creditors, then the item you just gave away could be seized by the creditors. 
Can I protect my assets by transferring them to my kids?
No. If your children get into financial trouble, the assets become available to their creditors. If your children go through divorce, the assets may become available to their spouses through divorce settlements. If your children have health problems, the assets may be at risk, as well. In any case, by transferring your assets, you are losing control of them. For more information on asset protection options, contact us today.
Are my assets safe in a revocable living trust?
No. The general rule of law holds that whatever you can access, others may access as well. Assets in a revocable living trust are open and available to you; therefore, they are also open and available to Medicaid. What would make your assets safe is an irrevocable living trust, such as the Medicaid Trusts we offer. These allow you to retain access to and control of your assets, while protecting them at the same time. For details on this and other Medicaid Planning Issues, contact us today. 
How can an attorney help me or my family with Medicaid Planning?
An attorney that focuses on this area of law can be extremely beneficial for you. We help maximize all your income and asset exemptions, which helps you qualify for medicaid faster. If ALTCS has an issue with your application, we can then assist with any appeals. Also, we are in a unique situation as an Elder Law and Estate Law firm in that we can also help draft Trusts and Power of Attorneys that can maximize your family's asset protection options- which leaves more money behind for your children and grandchildren! 
Why do I need help obtaining Medicaid coverage? Isn't it just a matter of submitting the application?
Many people apply for coverage without any help. But beware – Medicaid will not tell you how to protect your assets. What we offer is knowledge, skill, and experience to help you follow all the proper application procedures, and handle all of the necessary legal correspondence with your local ALTCS office. More importantly, we offer a range of options for protecting your assets should you need nursing home care. We will see your case through to its conclusion and work hard to produce a positive outcome for you and your family.
How much will it cost to protect my family and my assets?
We offer our services on a specific fee schedule based on your particular needs. (Often times, once we become familiar with your personal and financial situation, we are able to protect your assets with less work than what was originally anticipated.) 

Our services are designed to pay for themselves over a relatively short time. For example, our Foundation Medicaid plan with Trust is approximately the same as the average cost of one month’s stay in a skilled nursing facility. By helping you obtain Medicaid qualification and protect your personal assets, this plan can effectively cover that amount many times over.
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