Elder Law in Canonsburg: Protecting Parents, Spouses, and Savings

The most common call we get starts the same way: “Mom is going into a nursing home and we don’t know what happens to the house.” Sometimes the call comes five years early, when the family still has every option. Often it comes from a hospital discharge planner’s office with days to decide. We help in both situations.

McKelvey Elder Law & Estate Planning serves seniors and their families in Canonsburg, Washington County, and the South Hills from our office at 224 W. Pike Street. Attorney Colt McKelvey’s accounting background is put to direct use in Medicaid planning, where eligibility is a math problem with legal rules attached.

Medicaid (Medical Assistance) Planning in Pennsylvania

Pennsylvania’s Medical Assistance program pays for nursing home care once a person’s countable assets are spent down to a small allowance. The rules that decide what you keep include:

  • The five-year look-back. Gifts and transfers within 60 months of applying can trigger a penalty period of ineligibility. Planning done more than five years out, often with an irrevocable asset protection trust, avoids this entirely.
  • Spousal protections. A spouse who stays at home keeps the residence, one vehicle, and a protected share of the couple’s assets (the community spouse resource allowance), plus a monthly income allowance. Many families spend down far more than the law requires because nobody explained this.
  • Exempt assets. The home (within limits and with conditions), personal belongings, prepaid funeral arrangements, and certain other assets do not count.
  • Crisis planning. Even when someone is already in a facility, tools such as caregiver agreements, spousal annuities, and gift-and-annuity strategies can often protect a meaningful portion of what remains. We are honest about what is and is not achievable at that stage.
  • Estate recovery. After death, Pennsylvania can seek repayment from the probate estate. Planning can limit that exposure.

We prepare and file the Medical Assistance application through the Washington County Assistance Office and handle the follow-up requests that cause most applications to stall.

Other Elder Law Services

  • Powers of attorney. A durable financial POA and health care POA are the first line of defense against guardianship. If a parent is still competent, this is the most urgent document to sign.
  • Guardianship. When a loved one can no longer make decisions and has no valid POA, we petition the Washington County Orphans’ Court for guardianship of the person, the estate, or both. We also defend against guardianship petitions that are not warranted.
  • Long-term care insurance and veterans benefits. We help families understand how existing policies and VA Aid and Attendance fit alongside Medicaid.
  • Elder abuse and financial exploitation. If a caregiver, family member, or stranger is misusing an older adult’s money, we act quickly to stop it and recover what we can.
  • Estate planning for seniors. Wills, trusts, and beneficiary updates built around care costs and PA inheritance tax. See estate planning and trusts.

When to Call

  • A parent has been diagnosed with dementia, Parkinson’s, or another progressive condition
  • You are helping a parent move to assisted living or a nursing facility in the Canonsburg, Washington, or Pittsburgh area
  • A hospital or rehab facility says discharge is coming and the next step is long-term care
  • You are 60 or older, own a home, and want to know how to protect it
  • Someone is pressuring an elderly relative to sign documents or hand over money

The earlier the call, the more we can do. But no situation is too late for a conversation.

Our Approach

Elder law is family law in the truest sense. We meet with the older adult and, with their permission, the children or spouse who will carry the plan out. We explain the trade-offs plainly, including what a strategy costs in control or flexibility. Our firm’s Christian faith shapes how we treat aging clients: with dignity, patience, and respect for their wishes even when the family disagrees.

Elder Law FAQ

How much does a nursing home cost in Washington County?

Private-pay rates at facilities in the Canonsburg and Washington area commonly exceed $10,000 a month. Savings that took a lifetime to build can be gone in two or three years without planning.

Can I just give the house to my kids?

Not without consequences. An outright gift starts the five-year clock, forfeits the stepped-up tax basis, and exposes the house to your children’s creditors and divorces. A properly drafted trust solves those problems.

Will the nursing home take my spouse’s income?

No. The community spouse keeps their own income and may be entitled to part of the institutionalized spouse’s income to reach a minimum monthly allowance.

Do you handle the Medicaid application itself?

Yes, start to finish, including responding to the County Assistance Office’s requests for documentation.

Speak With an Elder Law Attorney in Canonsburg

Call 724-276-5066 or request a consultation. McKelvey Elder Law & Estate Planning, 224 W. Pike Street, Canonsburg, PA 15317. Serving Canonsburg, Washington, Peters Township, McMurray, Cecil, Houston, Bridgeville, Bethel Park, and Upper St. Clair.