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Richard F. Dawahare

ElderLaw Lexington/McClelland & Associates, PLLC

Richard F. Dawahare

ElderLaw Lexington/McClelland & Associates, PLLC

Richard F. Dawahare

ElderLaw Lexington/McClelland & Associates, PLLC

Richard Dawahare has enjoyed a multi-faceted career since graduating from the University of Kentucky College of Law in 1979.  Mr. Dawahare then embarked on a 28-year career in retail clothing store business, first with Macy's, then 26 years with Dawahare's until the chain's closing in the fall of 2008.  Throughout much of this period Richard did pro bono legal work as a volunteer, primarily in domestic relations. 

Richard began his full-time legal career as a solo practicioner focusing on family law, elder care, estate planning and probate.  He regularly works in Guardianship Court, ans serves as a Guardian ad Litem for neglected and abused children in Family Court.  Mr. Dawahare has also done appellate work and is licensed to practice in Federal Court.

At ElderLawLexington, the firm of McClelland & Associates, PLLC, Mr. Dawahare will focus on Veteran's Benefits Law in order to help our veterans and their families get all the benefits they've earned and richly deserve. 

Firm Description

ElderLawLexington, the firm of McClelland & Associates, PLLC, is a practice focused on counseling aging clients and special needs families regarding asset protection, guardianship, special needs planning, public benefits, probate and estate administration. He is personally a fiduciary and special needs trustee in multiple cases for disabled clients. Robert McClelland is a member of the Kentucky Bar Association's Elder Law Committee; National Academy of Elder Law Attorneys, Inc.; the Special Needs Alliance, LLC; ElderCounsel, LLC, the Bluegrass Estate Planning Counsel and WealthCounsel,LLC, a national collaborative of the top estate attorneys. He was conferred with a Master of Laws Degree by Stetson Law School of Tampa, Florida and the Center for Excellence in Elder Law at their May, 2013 graduation ceremony.  He is also one of only two certified Elder Law attorneys in the state of Kentucky. 

 

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1795 Alysheba Way
Suite 2102
Lexington, KY 40509

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Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

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How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

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Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

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Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

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Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

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Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

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Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

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Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

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Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

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ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

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Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

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Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

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Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

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Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

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Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

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Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

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Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

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Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

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Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

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Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

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