Why experience — especially in long-term care and elder law — makes a difference.

Today, estate planning is being marketed everywhere.

You can:

• Buy documents online
• Get a “free” estate plan through a financial advisor platform
• Use a lawyer you may never meet
• Download forms and fill them in at home

The message often sounds reassuring:

“An estate plan is an estate plan.”

But that simply isn’t true.

Some estate plans are designed only to distribute assets at death.
Others are built to address aging, incapacity, long-term care, Medicaid eligibility, and family protection.

Those are very different goals.

Before you sign anything, here are nine questions every Arkansas family should ask.

1. Who Is the Attorney Responsible for My Plan — and Will I Meet Them?

If you don’t know the name of the attorney drafting your documents, that’s a concern.

Estate planning is not just paperwork. It requires judgment, customization, and follow-up. You should know who is responsible for your plan and have the opportunity to speak with them.

2. Does This Plan Address Long-Term Care — or Only Death?

Most estate plans focus on what happens after you die.

But statistically, many people will face:

• Incapacity
• Assisted living
• Nursing home care
• Medicaid planning issues

If your plan doesn’t address long-term care planning, it may leave a major gap.

3. Does My Power of Attorney Actually Allow Medicaid Planning?

Many older powers of attorney lack the specific authority needed to engage in Medicaid planning or asset protection strategies.

If long-term care becomes necessary, an inadequate document can force families into guardianship proceedings — an expensive and avoidable outcome.

4. Has Anyone Explained the Five-Year Look-Back Rule to Me?

In Arkansas, Medicaid reviews transfers made within five years of applying for long-term care benefits.

As last provided by our firm, Arkansas uses a Medicaid gifting penalty divisor of $8,853 per month to calculate penalty periods for improper transfers. This divisor is used solely to determine the length of ineligibility — it is not the average private-pay nursing home cost. Private-pay rates vary significantly depending on the facility and level of care. These figures are typically updated each April in Arkansas, so confirm current numbers with Arkansas DHS or by calling 479-601-4119.

If your estate plan involves gifts, trusts, or deed transfers, it should be reviewed through a Medicaid lens.

5. Who Helps Me Fund and Maintain My Trust?

Creating a trust is only the first step.

Has someone:

• Helped retitle assets properly?
• Reviewed beneficiary designations?
• Coordinated the trust with retirement accounts?
• Scheduled periodic reviews?

An unfunded trust often fails when it’s needed most.

6. How Does This Plan Protect My Spouse?

Married couples face unique Medicaid and income rules.

A plan that does not account for spousal impoverishment protections may leave the healthy spouse financially vulnerable if long-term care becomes necessary.

7. Does This Strategy Consider Medicaid Estate Recovery?

Qualifying for Medicaid is not the end of the story.

In Arkansas, estate recovery may apply after death. The way assets are titled and how they pass at death can affect exposure.

If no one has discussed estate recovery, the plan may be incomplete.

8. What Happens If My Life Changes?

Ask:

• How are updates handled?
• Is there a review process?
• Will I meet with the attorney again?
• Or am I on my own after signing?

Estate planning is not a one-time transaction. It is an ongoing relationship.

9. How Much Experience Does the Attorney Have in Elder Law?

Estate planning and elder law overlap — but they are not identical.

An attorney may draft wills and trusts regularly yet have little experience with:

• Medicaid applications
• Long-term care planning
• Asset protection under state-specific rules
• Guardianship proceedings
• Estate recovery claims

Experience matters — especially when planning intersects with aging and long-term care.

The Growing Trend Families Should Understand

More financial advisors now advertise estate planning services where documents are prepared by a remote attorney the client never meets.

Online platforms offer convenience and low cost.

For some very simple situations, that may be adequate.

But when planning must work through incapacity, long-term care, Medicaid eligibility, and estate recovery — the margin for error becomes much smaller.

Not all estate plans are built for that reality.

What Comprehensive Planning Looks Like

A well-designed elder law-focused estate plan should:

• Coordinate incapacity planning and asset protection
• Address potential long-term care needs
• Consider Medicaid eligibility rules
• Anticipate estate recovery
• Protect a spouse at home
• Align with probate procedures
• Include periodic review

That level of coordination comes from focused experience.

At Generations Legal Group, elder law is not an add-on service. It is the core of what we do. With over 27 years of experience in this area — and an associate with more than 15 years — our focus is helping Arkansas families plan for the realities of aging, not just the distribution of assets at death.

Frequently Asked Questions

1. Is an online estate plan ever appropriate?

For very simple situations with no long-term care concerns, online documents may meet basic needs. However, they are typically not customized for Medicaid planning, spousal protections, or Arkansas-specific procedures.

2. Why shouldn’t my financial advisor handle my estate planning?

Financial advisors play an important role in investment planning. However, estate planning involves legal analysis, state-specific Medicaid rules, probate procedures, and drafting authority. It is important that a qualified attorney — whom you can meet and consult — is directly responsible for your legal plan.

3. How often should an estate plan be reviewed?

Generally every 3–5 years, or sooner if:

• There is a health change
• A spouse enters long-term care
• Assets change significantly
• Laws are updated

Medicaid rules and planning thresholds change periodically, and planning should be reviewed accordingly.

Final Thought

Estate planning is not just about having documents.

It is about having the right documents — built for the realities of aging and long-term care.

Before you sign anything, make sure you’re asking the right questions.

If you would like your existing plan reviewed — or are considering putting one in place — you can contact Generations Legal Group at 479-601-4119. We serve families throughout Northwest Arkansas and are expanding across the state.

H. Todd Whatley, CELA*, LLM Elder Law

Owner, Generations Legal Group and The Elder Law Coach

Email: Todd@GenerationsLegalGroup.com

479-601-4119

2701 SE J St., Suite 109, Bentonville, AR 72712

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