(208) 523-4433 info@wrightlawidaho.com

The Risk to Your Estate We Must Start Talking About

by | May 18, 2026 | Uncategorized

The statistics are intimidating. According to www.medicare.org, seventy percent (70%) of seniors will need some form of long-term care. Neither Medicare nor the Affordable Care Act will pay for these costs. Nor will the typical health insurance policy. Yet the costs for this care can reach, or even exceed, ten thousand dollars a month.

So many people, even professional advisors, misunderstand how to properly address this risk. Several years ago, I received a phone call from an attorney. He told me about a senior couple he represented. They had approximately $200,000 in assets when the husband suddenly fell chronically ill. He would need long term care. They were obviously worried about how they would pay for his care.

His next words startled me. He asked, “Should I tell them to get divorced?” It was a sincere, earnest question. He was trying to help the husband qualify for Medicaid assistance while helping the healthy spouse maintain sufficient assets on which she could live. However, it is important to understand that, if one spouse needs Medicaid assistance, the other will not be left without sufficient assets on which to live.

Unfortunately, because they had done nothing to prepare until the crisis occurred, their options were extremely limited. In a worst-case scenario, if Medicaid is the only remaining option, and a couple wishes to ensure Medicaid Estate Recovery does not take all of their assets after they are both gone, divorce is actually a legal strategy that some couples consider. With the proper information, there were likely other options available to them. However, to preserve those options, these issues need to be considered before the crisis arises.

Given the daunting statistics, and the lack of easily available information about paying for long term care, it is not surprising that many seniors do nothing. They simply don’t know what to do and, therefore, are left with “planning paralysis.” However, there are steps that can be taken without a dramatic impact on your current circumstances.

The first step is to learn more about long term care issues and options available to you.

*Steve Wright is an Idaho licensed attorney. This column is provided for informational purposes only and should not be construed as legal advice, which requires a specific discussion of specific circumstances.

© 2026 Steven J Wright