What If I Already Gave Away My Assets? Medicaid Mistakes You Can Still Recover From
Gifting your home or savings may seem generous—but if you need long-term care, that decision can cost you. Here’s what to do if it’s already done.

Founder / Attorney

Michael L. RutkowskiNovember 19, 2025
You come home for the holidays and notice some changes, maybe your dad’s memory isn’t what it used to be, or your mom seems more anxious. You’re not trying to take charge, but you’re genuinely concerned.
So, how do you discuss essential subjects like powers of attorney, wills, or long-term care planning without making your loved one feel like they’re losing their independence?
Begin with empathy and open communication. Compassion and clear intentions go a long way.
When families shy away from these discussions, it’s usually out of concern for keeping the peace, not a lack of caring. The intention is to avoid conflict, defensiveness, or accidental boundary crossings.
Yet, delaying the conversation doesn’t erase the need; if anything, it can make things more challenging later.
To approach these topics in a way that fosters trust, try the following:
Lead with empathy.
Start gently: “I’ve noticed a few things and just want to make sure you have the support you want, whatever that looks like.”
This is about being present, not taking charge.
Make it an offer, not a demand. Suggest: “Would you be open to reviewing your will or power of attorney together, just to ensure everything reflects your wishes?”
Emphasize independence. Let your loved one know that planning is about preserving their choices, not limiting them. Keeping legal documents up to date ensures their voice is heard and respected.
If your parent becomes unable to make decisions and doesn’t have current legal documents in place, essential choices could end up outside the family’s control. That’s why having documents such as:
…is so vital.
These tools help ensure your parents’ wishes shape future decisions rather than leaving them to the courts, an unexpected crisis, or a family member with different opinions.
Estate planning goes beyond legal forms; it’s about maintaining peace, dignity, and family bonds. Although starting these conversations may feel uncomfortable, they are often received with appreciation when handled with care.
If you’re unsure where to start or what steps to take, our team is ready to help guide you through the process with empathy and clear direction.
Whether you’re starting from scratch or reviewing an existing plan, we’re here to help you and your family take the next right step, together.
Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.
Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.

Gifting your home or savings may seem generous—but if you need long-term care, that decision can cost you. Here’s what to do if it’s already done.

Founder / Attorney
That generous gift may feel right in the moment. But without a plan, it could cost you—and your kids—much more than you think.

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Protect your home with proactive medicaid planning to avoid costly Medicaid Estate Recovery with smart legal strategies before long-term care is needed.

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