Elder Law

Long Term Care Planning

Long Term Care planning is for people who are healthy now but want to prepare for the possibility of requiring costly long-term care in the future. We will work closely with you to:

  • Design a plan that can protect your life savings against expensive in-home care, and/or nursing home care.
  • Structure your estate so that you can keep many of your assets and still qualify for assistance from Medicaid, the Veterans Administration, and other sources to pay for the care you need.
Crisis Long Term Care Planning

When a person is told that they need to enter a nursing home immediately or in the very near future, without longterm care insurance, their savings and hard-earned legacy can be at risk to cover the cost of nursing home care.

Medicaid Asset Protection Planning

Although Medicaid (“Soonercare” in Oklahoma) covers the cost of long-term care for elderly individuals who need nursing home care, most people are not initially eligible because they have more resources than Medicaid allows for. Considering the high cost of long-term care, it is easy to understand why ineligibility for Medicaid assistance represents a financial crisis for most families.

We understand the laws and rules governing Medicaid eligibility and assist clients in creating a plan that allows them to protect their hard-earned assets and still qualify for Medicaid long term care. While the rules differ depending on if the client is married or single, our team has the experience and expertise to help clients and their families avoid a financial crisis, protect their legacies, and receive the care and support they need.

Veterans Benefits

We welcome the opportunity to serve those who have served our country. Many veterans and their families are eligible for veterans benefits but do not receive them.

Possible reasons why Veterans Benefits have not been received
  • Some benefits are not widely known.
  • The application and approval process is complicated and frustrating.
  • Many veterans who apply are deemed ineligible for benefits when, in fact, they are—or, with appropriate planning, could be—eligible.
VA Aid and Attendance Planning

The VA Aid and Attendance Pension Program is one of the most helpful benefits and one of the most underutilized.

  • This program allows an eligible veteran to receive over $23,000 per year for medical expenses and long term care.
  • The eligible veteran’s widowed spouse can receive more than $12,500 per year.
  • The Aid and Attendance benefit can be used to pay children, relatives, and siblings for providing in-home care.
  • It can also be used to pay for professional in-home care, assisted living and nursing home care.

The vast majority of applications are initially denied even when the veteran and/or the widowed spouse are indeed eligible. Denis Rischard is an accredited VA attorney. This means he has been given the authority by theDepartment of Veterans Affairs (VA) to prepare, present and pursue claims for Veterans Benefits before the VA.His extensive experience can streamline the process and help you receive the maximum number of benefits to which you are entitled.

To be eligible for Aid and Attendance, a veteran must meet the following criteria
  • Have served 90 days or more of active duty, with at least one of these days. served during a period of wartime.
  • Received a discharge other than dishonorable.
  • Have medical expenses and/or care needs.
  • Meet the asset/income test.

If you meet all these requirements but have too many assets and/or too much income to qualify, we may be able to assist you. One possible way is to structure your estate in such a way that you can pass the income and asset test to become eligible for Aid and Attendance.

Even if you have been denied this benefit in the past, we still may be able to help.

Special Needs Planning

Our team stresses careful and personal attention to our clients and their loved ones’ needs and circumstances. No matter your current situation, our team helps individuals and families plan for a range of scenarios that contemplate ensuring the best quality of life for you and your loved ones.

Planning for Children with Special Needs

Parents of special needs children are often concerned about the health, safety, and financial stability of their children in the long-term future. Families with special needs children are also often familiar with the strict financial limitations tied to public benefits.

Using Congressionally authorized planning tools, we can design an estate plan for you which allows you to do the following
  • Protect your child’s eligibility for Medicaid, Supplemental Security Income (SSI) and other government programs
  • Maximize the amount of public and private resources available
  • Help you plan the needs of your entire family
  • Address your concerns about your child’s safety, security, and overall best interests
Special Needs Trusts

While there are many different types of special needs trusts, in general they are used to maintain eligibility for means tested government assistance programs such as Medicaid and SSI while simultaneously providing a fund to supplement services not provided by government programs.

Funds in a special needs trust can be used to pay for education, entertainment, travel, a wheelchair-accessible van, special dental and medical care, and more. Services such as these can significantly improve your special needs loved one’s quality of life.

Our team will work with you to develop a comprehensive special needs plan capable of ensuring your loved one will receive the best possible care now, and for the rest of their life.


Rischard Elder Law’s experience with adult guardianships includes helping clients obtain guardianships for their loved ones, as well as helping defend those with capacity from unnecessary court intervention. 

Guardianships are sometimes necessary in certain special needs planning situations. We’ve helped clients craft special needs guardianships for a child who has reached, or is about to reach, the age of majority and meets the definition of impaired by reason of intellectual or developmental disability.

Elder Abuse

Elder Abuse can involve physical abuse but often manifests itself by financial exploitation of vulnerable, lonely seniors by predatory individuals and organizations. We help families navigate situations in which their loved ones have been victims of financial exploitation or manipulation, assist them in better protecting their loved one’s money, and advocate for remedies and rights of those who have been victimized. 

Rischard Elder Law maintains an excellent relationship with the Oklahoma Department of Human Services Long-Term Care Ombudsman. We can help families connect to programs and services that ensure their loved ones who are experiencing, or might be vulnerable to, abuse or exploitation, obtain the resources and support they need.

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