Lincoln Rhode Island's Trusted Nursing Home Planning Lawyers
Nursing Home Planning Attorney In Lincoln Rhode IslandA local guide for families facing long term care
When a parent or spouse starts to need more care than the family can safely provide, everything feels urgent. Where will we find the right setting. How will we pay for it without risking the home or a spouse’s stability. What happens if we need court authority to help. At Fabisch Law, we help Lincoln families answer those questions with steady counsel and lawful strategies. Attorney Matthew Fabisch is a former Rhode Island probate judge. That experience means your plan is shaped by how cases actually move through offices and courtrooms in our state, not just by how they look in a brochure. We work with families across Lincoln, including Albion, Lime Rock, Lonsdale, Manville, Quinnville, and Saylesville, and in nearby Blackstone Valley communities. Our approach is simple. We listen first, explain the rules in plain English, and map a path that matches your facts and your goals. The aim is to protect as much as the law allows, set clear timelines, and lower the stress on everyone who is helping. Planning before there is a crisis Good nursing home planning often starts long before care is urgent. We begin with a conversation about your health, your family, your assets, and your wishes. Then we build a toolkit that lets someone you trust act quickly if you become ill and positions you for Medicaid eligibility when the time comes. That toolkit usually includes a durable financial power of attorney, a health care power of attorney with HIPAA release, and an advance directive. We add a will to direct probate assets and to name an executor. When privacy, incapacity protection, or smoother transfers are priorities, we often recommend a revocable living trust that is properly funded during life. Documents matter, but function is the goal. Your plan should tell your family who to call first, where the papers live, and how to find key account information without a scavenger hunt. We write in plain English, name backups, and show you how to keep the plan updated as life changes. Crisis planning when a move is urgent Sometimes there is no runway. A hospital discharge planner needs an answer by the end of the week. A rehab stay is about to end. The caregiver is exhausted. In a crisis we triage quickly. We confirm the level of care recommendation, inventory income and assets, review transaction history for the five year look back, and outline lawful steps that fit your exact situation. That may include a spend down that improves quality of life for the applicant, completion of missing powers of attorney if capacity allows, use of spousal protections when a husband or wife will remain at home, and a complete Medicaid application with the right supporting records. We coordinate with facilities, caseworkers, and financial institutions so everyone is working from the same timeline. The goal is eligibility that follows the rules, protection of what the law allows, and less stress for the family. |
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“I live here in Rhode Island and I care about the families who call Lincoln home. I will listen first, explain your options in plain English, and build a plan that protects what matters.”
— Matthew L. Fabisch
Planning before there is a crisis
How Medicaid nursing home coverage works in Rhode Island
Nursing home Medicaid is needs based. The state reviews medical need and financial eligibility. Income and resources are counted under specific rules. Some assets are exempt. Some can be converted to exempt forms. Some must be spent for care. Some can be preserved with careful timing and the right legal tools. Rules and thresholds change over time. We confirm current figures for your case and design the plan accordingly.
Income rules can be confusing. Resource rules divide accounts and property into countable and noncountable categories. A home can be treated differently depending on equity, occupancy, and intent to return. Retirement accounts can be counted or excluded depending on how they are structured and whether they are in payout status. Small accounts that seem simple can cause delays if they are titled in a way that does not match the rest of the plan. We explain the rules in plain language, use checklists to gather records, and keep you informed so there are no surprises.
The five year look back explained
The look back is the five year review of whether assets were given away or transferred for less than fair value. If a transfer is found that should not have been made, a penalty period can be imposed. During a penalty period the state will not pay for nursing home care. The length of the penalty depends on the amount transferred and the state’s divisor at the time.
Here is how it plays out. A parent adds a child to a bank account two years before applying for Medicaid and the child withdraws funds for personal use. The withdrawal can be treated as a transfer and create a penalty unless it can be documented as a loan or as fair payment for services. A homeowner deeds the house outright to a child one year before applying. That deed will almost always be a problem unless it fits an exception such as a caregiver child exception or a transfer to a disabled child. Another family funds a properly drafted Medicaid asset protection trust more than five years before care is needed. Once the five year period is complete, those trust assets are outside the look back for the applicant. Each case turns on real facts. We review your history, explain your risk, and take lawful steps to minimize penalties where possible.
Spousal protections and income rules
When one spouse needs nursing home care and the other spouse will remain at home, the law provides important protections. The community spouse can keep a resource allowance and may be allowed to keep income up to a level that avoids hardship. The exact amounts are set by law and updated periodically. We confirm the current figures for your case and plan spending and transfers accordingly. In many cases we can convert a portion of countable assets into forms that do not count against eligibility for the applicant while still supporting the spouse at home. We explain how the spouse’s income and assets are treated, how the applicant’s income is applied, and how the facility receives payment after eligibility begins.
Trusts that support nursing home planning
Trusts are tools. They help only when they solve a real problem and can be administered by your family. A Medicaid asset protection trust can help protect a residence or other property if it is established early enough because assets placed into that trust can move outside the five year count once the look back period is complete. A revocable living trust does not create eligibility by itself, but it can make incapacity management smoother and post death transfers simpler. A special needs trust can help a disabled spouse or child maintain public benefits while improving quality of life. We recommend a trust only when the benefit is real and the administration is practical.
Guardianship and capacity questions in Lincoln
If a person can no longer make safe decisions and there are no valid powers of attorney, a guardianship may be necessary. In Lincoln, the probate court sits in Town Hall at 100 Old River Road, Lincoln, RI 02865. The court’s probate information page lists contact details for the clerk and the location. A separate statewide listing reports that the Lincoln Probate Court typically meets on the fourth Monday of each month at 8:45 a.m. in the Town Council Chambers, although schedules can change, so always confirm with the clerk before you go. lincolnri.gov+1
Here is a typical path. We meet with the family to understand safety concerns and decide whether a limited or full guardianship is best. We prepare the petition and coordinate the medical evaluation. We file at Town Hall, pay the fee, and secure a hearing date. We provide notice to interested parties and confirm that the court has all required documents. On the hearing date we meet you at Town Hall and present the evidence to the judge. If a guardianship is granted, the court issues letters of guardianship that give you authority to act. Afterward we help with any required accountings or reports so you remain in compliance. We work to limit any order to the authority that is truly needed and to respect dignity in every step.
Nursing home Medicaid is needs based. The state reviews medical need and financial eligibility. Income and resources are counted under specific rules. Some assets are exempt. Some can be converted to exempt forms. Some must be spent for care. Some can be preserved with careful timing and the right legal tools. Rules and thresholds change over time. We confirm current figures for your case and design the plan accordingly.
Income rules can be confusing. Resource rules divide accounts and property into countable and noncountable categories. A home can be treated differently depending on equity, occupancy, and intent to return. Retirement accounts can be counted or excluded depending on how they are structured and whether they are in payout status. Small accounts that seem simple can cause delays if they are titled in a way that does not match the rest of the plan. We explain the rules in plain language, use checklists to gather records, and keep you informed so there are no surprises.
The five year look back explained
The look back is the five year review of whether assets were given away or transferred for less than fair value. If a transfer is found that should not have been made, a penalty period can be imposed. During a penalty period the state will not pay for nursing home care. The length of the penalty depends on the amount transferred and the state’s divisor at the time.
Here is how it plays out. A parent adds a child to a bank account two years before applying for Medicaid and the child withdraws funds for personal use. The withdrawal can be treated as a transfer and create a penalty unless it can be documented as a loan or as fair payment for services. A homeowner deeds the house outright to a child one year before applying. That deed will almost always be a problem unless it fits an exception such as a caregiver child exception or a transfer to a disabled child. Another family funds a properly drafted Medicaid asset protection trust more than five years before care is needed. Once the five year period is complete, those trust assets are outside the look back for the applicant. Each case turns on real facts. We review your history, explain your risk, and take lawful steps to minimize penalties where possible.
Spousal protections and income rules
When one spouse needs nursing home care and the other spouse will remain at home, the law provides important protections. The community spouse can keep a resource allowance and may be allowed to keep income up to a level that avoids hardship. The exact amounts are set by law and updated periodically. We confirm the current figures for your case and plan spending and transfers accordingly. In many cases we can convert a portion of countable assets into forms that do not count against eligibility for the applicant while still supporting the spouse at home. We explain how the spouse’s income and assets are treated, how the applicant’s income is applied, and how the facility receives payment after eligibility begins.
Trusts that support nursing home planning
Trusts are tools. They help only when they solve a real problem and can be administered by your family. A Medicaid asset protection trust can help protect a residence or other property if it is established early enough because assets placed into that trust can move outside the five year count once the look back period is complete. A revocable living trust does not create eligibility by itself, but it can make incapacity management smoother and post death transfers simpler. A special needs trust can help a disabled spouse or child maintain public benefits while improving quality of life. We recommend a trust only when the benefit is real and the administration is practical.
Guardianship and capacity questions in Lincoln
If a person can no longer make safe decisions and there are no valid powers of attorney, a guardianship may be necessary. In Lincoln, the probate court sits in Town Hall at 100 Old River Road, Lincoln, RI 02865. The court’s probate information page lists contact details for the clerk and the location. A separate statewide listing reports that the Lincoln Probate Court typically meets on the fourth Monday of each month at 8:45 a.m. in the Town Council Chambers, although schedules can change, so always confirm with the clerk before you go. lincolnri.gov+1
Here is a typical path. We meet with the family to understand safety concerns and decide whether a limited or full guardianship is best. We prepare the petition and coordinate the medical evaluation. We file at Town Hall, pay the fee, and secure a hearing date. We provide notice to interested parties and confirm that the court has all required documents. On the hearing date we meet you at Town Hall and present the evidence to the judge. If a guardianship is granted, the court issues letters of guardianship that give you authority to act. Afterward we help with any required accountings or reports so you remain in compliance. We work to limit any order to the authority that is truly needed and to respect dignity in every step.
When a death intersects with your plan
Nursing home planning often overlaps with probate. If a spouse has died recently, or if you are handling a parent’s estate, timelines can collide. We help personal representatives secure property, publish and send required notices, inventory and value assets, resolve valid debts and taxes, and complete distributions with a full accounting to the court. If the estate qualifies as a small estate, we will tell you. If the estate owns a home that must be sold, we coordinate the sale and make sure the proceeds are handled correctly. If there is a dispute, we litigate with focus and restraint. The objective is to move the legal process forward while preserving family relationships where possible.
Local care resources in Lincoln
Legal planning works best when it reflects the places you will actually visit and the people you will meet as you put care in place. Families in Lincoln often consider in-town options and nearby Blackstone Valley resources while we coordinate the legal side of eligibility and authority. The information below is a starting point. It is not an endorsement. Services and availability change over time. Always confirm details directly with each provider.
For assisted living and memory care in Lincoln, Atria Lincoln Place, 612 George Washington Highway, Lincoln, RI 02865, offers independent living, assisted living, and memory care in a green residential setting near Route 116. Families looking for specialized memory care also consider The Lighthouse at Lincoln, 425 Albion Road, Lincoln, RI 02865, which focuses on secure memory care programming for residents with cognitive needs.
Lincoln residents often pair local senior living with nearby skilled nursing and rehab in surrounding towns. In northern Rhode Island the choices frequently include Smithfield and Woonsocket, along with facilities in North Providence and Providence. We help you compare settings and understand how placement decisions interact with Medicaid eligibility and with the legal documents that allow someone to sign on your behalf.
For programs, activities, transportation coordination, and benefits counseling, the town hub is The Center for Seniors, 150 Jenckes Hill Road, Lincoln, RI 02865, which serves older adults and caregivers across Lincoln. lincolnri.gov+1
For hospital care within a short drive, many families use Our Lady of Fatima Hospital, 200 High Service Avenue, North Providence, RI 02904, and The Miriam Hospital, 164 Summit Avenue, Providence, RI 02906, or head north to Landmark Medical Center, 115 Cass Avenue, Woonsocket, RI 02895, depending on the physician network and the type of care needed. You also have community anchors close by. Lincoln Woods State Park, 2 Manchester Print Works Road, Lincoln, RI 02865, is a familiar place for walks and fresh air during hard seasons. Bally’s Twin River Lincoln Casino Resort, 100 Twin River Road, Lincoln, RI 02865, is a well known local landmark and a frequent reference point for directions.
If you need help comparing settings or coordinating an application, we explain how care choices interact with powers of attorney, eligibility for benefits, and the rest of your legal plan, then we help you gather the records and keep the timeline on track.
A crisis timeline from hospital discharge to approval
Families often ask what the next few weeks will look like during a crisis. A common path begins with a fall or a medical change that sends a loved one to the hospital. The hospital recommends a short term rehab stay. During rehab it becomes clear that returning home will not be safe without more support. The discharge planner asks for a decision. At that point we meet with the family and collect information about income, assets, and recent transactions. We confirm the level of care recommendation and identify a facility that fits care needs and location preferences, often comparing in-town options in Lincoln with nearby choices in Smithfield, North Providence, or Providence. We prepare any missing powers of attorney if capacity allows. We outline lawful spend down items that improve quality of life. We collect bank statements, tax returns, insurance information, deeds, titles, and beneficiary designations. We coordinate the application with the facility and with the state agency. We respond to requests for additional information. We keep you informed about each step, each deadline, and what to expect next. The process is manageable when tasks are organized and everyone knows the plan.
Frequently asked questions
Do we need a trust to qualify for Medicaid
Not always. A trust can help if it is established early and if it solves a real problem. Many people qualify without one. We recommend a trust only when it adds clear value and your family can administer it.
Can we protect the house
Possibly. There are lawful strategies that can protect a residence, especially when a spouse is at home. A Medicaid asset protection trust can also help if started early enough. Do not transfer a home without advice about penalties and tax consequences.
What is the five year look back
It is the review of transfers in the five years before applying for nursing home Medicaid. Gifts or below market transfers during that time can create a penalty. We review your history and take lawful steps to minimize risk where possible.
How are retirement accounts treated
Treatment depends on titling and whether the account is in payout status under the rules. Some accounts are counted and some are excluded. We analyze the exact accounts you hold and advise on lawful options.
What happens if we need guardianship
We prepare the petition, coordinate the medical evaluation, provide notices, and appear with you in Lincoln Town Hall. We limit any order to what is truly necessary and focus on dignity in the process.
How long does Medicaid approval take
Timelines vary. They depend on the completeness of records, responsiveness of third parties, and the state’s current workload. We set a realistic timeline, organize tasks, and follow up until a decision is issued.
Will our family members be personally responsible for payment
In most cases, family members are not personally liable for a resident’s nursing home bill unless they sign a personal guaranty or misuse a resident’s funds. We review all paperwork before you sign and explain your responsibilities.
What happens after approval
The facility submits claims to Medicaid and applies the resident’s income as required. We continue to advise on renewals, changes in health status, and updates to your plan so that benefits remain in place.
Why Lincoln families choose Fabisch LawFamilies do not hire us for a stack of forms. They hire us for judgment, clarity, and calm. Attorney Fabisch’s background as a former Rhode Island probate judge gives your case a practical edge. We design plans that work in the real world, keep matters moving, and explain each step so there are no surprises. When probate or guardianship is necessary, we handle those filings with the same steady approach. When litigation is unavoidable, we pursue solutions that protect the estate and the relationships that remain.
Start the conversation
If you live in Lincoln and you are planning ahead, or if you are already facing an urgent move to long term care, we are ready to help. We will listen first, map your options, and build a plan that fits your facts, your family, and your goals.
Nursing home planning often overlaps with probate. If a spouse has died recently, or if you are handling a parent’s estate, timelines can collide. We help personal representatives secure property, publish and send required notices, inventory and value assets, resolve valid debts and taxes, and complete distributions with a full accounting to the court. If the estate qualifies as a small estate, we will tell you. If the estate owns a home that must be sold, we coordinate the sale and make sure the proceeds are handled correctly. If there is a dispute, we litigate with focus and restraint. The objective is to move the legal process forward while preserving family relationships where possible.
Local care resources in Lincoln
Legal planning works best when it reflects the places you will actually visit and the people you will meet as you put care in place. Families in Lincoln often consider in-town options and nearby Blackstone Valley resources while we coordinate the legal side of eligibility and authority. The information below is a starting point. It is not an endorsement. Services and availability change over time. Always confirm details directly with each provider.
For assisted living and memory care in Lincoln, Atria Lincoln Place, 612 George Washington Highway, Lincoln, RI 02865, offers independent living, assisted living, and memory care in a green residential setting near Route 116. Families looking for specialized memory care also consider The Lighthouse at Lincoln, 425 Albion Road, Lincoln, RI 02865, which focuses on secure memory care programming for residents with cognitive needs.
Lincoln residents often pair local senior living with nearby skilled nursing and rehab in surrounding towns. In northern Rhode Island the choices frequently include Smithfield and Woonsocket, along with facilities in North Providence and Providence. We help you compare settings and understand how placement decisions interact with Medicaid eligibility and with the legal documents that allow someone to sign on your behalf.
For programs, activities, transportation coordination, and benefits counseling, the town hub is The Center for Seniors, 150 Jenckes Hill Road, Lincoln, RI 02865, which serves older adults and caregivers across Lincoln. lincolnri.gov+1
For hospital care within a short drive, many families use Our Lady of Fatima Hospital, 200 High Service Avenue, North Providence, RI 02904, and The Miriam Hospital, 164 Summit Avenue, Providence, RI 02906, or head north to Landmark Medical Center, 115 Cass Avenue, Woonsocket, RI 02895, depending on the physician network and the type of care needed. You also have community anchors close by. Lincoln Woods State Park, 2 Manchester Print Works Road, Lincoln, RI 02865, is a familiar place for walks and fresh air during hard seasons. Bally’s Twin River Lincoln Casino Resort, 100 Twin River Road, Lincoln, RI 02865, is a well known local landmark and a frequent reference point for directions.
If you need help comparing settings or coordinating an application, we explain how care choices interact with powers of attorney, eligibility for benefits, and the rest of your legal plan, then we help you gather the records and keep the timeline on track.
A crisis timeline from hospital discharge to approval
Families often ask what the next few weeks will look like during a crisis. A common path begins with a fall or a medical change that sends a loved one to the hospital. The hospital recommends a short term rehab stay. During rehab it becomes clear that returning home will not be safe without more support. The discharge planner asks for a decision. At that point we meet with the family and collect information about income, assets, and recent transactions. We confirm the level of care recommendation and identify a facility that fits care needs and location preferences, often comparing in-town options in Lincoln with nearby choices in Smithfield, North Providence, or Providence. We prepare any missing powers of attorney if capacity allows. We outline lawful spend down items that improve quality of life. We collect bank statements, tax returns, insurance information, deeds, titles, and beneficiary designations. We coordinate the application with the facility and with the state agency. We respond to requests for additional information. We keep you informed about each step, each deadline, and what to expect next. The process is manageable when tasks are organized and everyone knows the plan.
Frequently asked questions
Do we need a trust to qualify for Medicaid
Not always. A trust can help if it is established early and if it solves a real problem. Many people qualify without one. We recommend a trust only when it adds clear value and your family can administer it.
Can we protect the house
Possibly. There are lawful strategies that can protect a residence, especially when a spouse is at home. A Medicaid asset protection trust can also help if started early enough. Do not transfer a home without advice about penalties and tax consequences.
What is the five year look back
It is the review of transfers in the five years before applying for nursing home Medicaid. Gifts or below market transfers during that time can create a penalty. We review your history and take lawful steps to minimize risk where possible.
How are retirement accounts treated
Treatment depends on titling and whether the account is in payout status under the rules. Some accounts are counted and some are excluded. We analyze the exact accounts you hold and advise on lawful options.
What happens if we need guardianship
We prepare the petition, coordinate the medical evaluation, provide notices, and appear with you in Lincoln Town Hall. We limit any order to what is truly necessary and focus on dignity in the process.
How long does Medicaid approval take
Timelines vary. They depend on the completeness of records, responsiveness of third parties, and the state’s current workload. We set a realistic timeline, organize tasks, and follow up until a decision is issued.
Will our family members be personally responsible for payment
In most cases, family members are not personally liable for a resident’s nursing home bill unless they sign a personal guaranty or misuse a resident’s funds. We review all paperwork before you sign and explain your responsibilities.
What happens after approval
The facility submits claims to Medicaid and applies the resident’s income as required. We continue to advise on renewals, changes in health status, and updates to your plan so that benefits remain in place.
Why Lincoln families choose Fabisch LawFamilies do not hire us for a stack of forms. They hire us for judgment, clarity, and calm. Attorney Fabisch’s background as a former Rhode Island probate judge gives your case a practical edge. We design plans that work in the real world, keep matters moving, and explain each step so there are no surprises. When probate or guardianship is necessary, we handle those filings with the same steady approach. When litigation is unavoidable, we pursue solutions that protect the estate and the relationships that remain.
Start the conversation
If you live in Lincoln and you are planning ahead, or if you are already facing an urgent move to long term care, we are ready to help. We will listen first, map your options, and build a plan that fits your facts, your family, and your goals.
By Matthew Fabisch, Esq. - Former Rhode Island Probate Judge • Founder, Fabisch Law • Trusts & Estates Attorney • Father of Four
Fabisch Law
401-324-9344
Rhode Island Main Office
2 Dexter St.
Pawtucket, Rhode Island 02860
East Bay, Rhode Island Office
555 Metacom Avenue
Bristol, Rhode Island