Author Archives: Tyler Barrett

Medicaid is a joint federal and state program which pays medical expenses for certain categories of needy persons, including pregnant women, children and teenagers, the blind and disabled and adults aged 65 or older. Each state has the ability to establish its own eligibility guidelines within these categories of needy persons, subject to minimum federal standards. Oklahoma is referred to as an “income cap” state; if your income and resources are above the prescribed limit, then you cannot qualify for Medicaid benefits. These limits are very restrictive, as even those of modest means are often ineligible.

Medicaid is an important program for middle-class Oklahomans who require long-term care in a nursing home; Medicare does not cover the costs of long-term care in a nursing home, and with nursing home rates continually on the rise as demand for long-term care increases, most cannot afford to pay privately. However, Oklahoma’s strict eligibility limits present a challenge for those who seek to qualify for Medicaid while protecting assets for their family and loved ones. In my next post, I will look at how this challenge can be overcome in many cases through proper planning.

In the process of updating this website, my previous blog posts were deleted (luckily for my clients, I am a lawyer and not an IT specialist). So, I’d like to take the opportunity to do a reset of sorts, to let everyone know what my law firm is all about. The focus of my practice is Elder Law. What is Elder Law? That is the subject of today’s post.

The term “Elder Law” refers to the various legal issues affecting older adults and their families. Some of these legal issues include matters that are frequently age-specific, such as guardianship, age discrimination and long-term care. Yet, Elder Law also encompasses areas of the law that affect the broader population — think estate planning and probate. What’s more, seniors are not always the client; in the case of guardianship, for instance, the client is often a son, daughter or grandchild seeking guardianship to protect their elderly parent.

However one defines it, the important thing is that Elder Law practitioners be keenly attuned to the unique needs of their clients. The process of aging can be difficult, both physically and emotionally. To whom should I leave my property? How can I protect my family if I have to enter a nursing home? Do I need to give a loved one power of attorney to manage my affairs? These are not easy questions, and the answers can be very different from person-to-person.

As an Elder Law attorney, my goal is to provide compassionate, individualized representation, to listen carefully and to involve the client in all aspects of their case so they will feel as comfortable as possible with the situation. Elder Law is very personal to me; I have two grandparents who suffer from Alzheimer’s disease and dementia. I strive to treat all of my clients with the dignity and respect I expect others to display toward my own family members. If I can do that, I’ll consider it a success.