Estate Planning for Seniors When it Comes to Long-Term Care

Estate planning for seniors or the elderly is a critical part of ensuring a secure future. As we age, our health will likely deteriorate, so it is prudent to plan for the possibility of long-term care. Estate planning for seniors involves the preparation of plans to protect and allocate funds for nursing homes, assisted or independent living options, or in-home renovations.  It is important to plan now to ensure enough money is set aside to pay for desireable long-term care. 

Allocating Funds for Nursing Homes and Other Senior Living Expenses

understanding medicaid look back rules
As a senior citizen it is essential to plan ahead for long-term care costs.

As a senior citizen, or those helping them, it is essential to plan ahead for long-term care costs. While there are some options available to cover the costs of nursing homes and other senior living expenses, it is important to allocate and assign your own funds by estate planning to cover them as much as possible. We never know what outside support will be available when the time comes.

The first step in allocating funds for nursing homes and other senior living expenses is to determine how much money you will need for these services. There are various factors to consider, the type of care you will need, the average cost of the facility in your area, and what you have currently available to work with. Additionally, if you are married or have a partner, it is important to include their financial situation, their health, and their family dynamics in your calculations and planning as well.

Once you have determined the amount of money you need to cover these expenses, you will probably need to create a trust or other legal entities to hold your assets. For now, you can be in control, but this is planning so in the future you can use this trust to pay for any necessary services or supplies, such as a wheelchair, walker, hearing aids, or medical supplies. You may also wish to designate funds specifically for end-of-life expenses, such as funeral costs and cremation services. By planning ahead and allocating for these expenses, you can ensure that you are able to maintain your quality of life and take care of yourself and your loved ones even after your passing.

Protecting Assets From Nursing Home Abuse

When it comes to estate planning for seniors, it’s essential to protect assets from being taken advantage of by nursing homes. Many elderly individuals rely on their assets to pay for nursing home care and other expenses, so it’s important to make sure that those assets are properly protected and managed.

There are a few key steps you can take to protect your assets. Firstly, it is important to have a clear understanding of all of the costs associated with long-term care, including any potential costs for legal services or financial advice related to estate planning. Knowing the costs upfront can help prevent any surprises or hidden fees from popping up later on.  It is important to remember, planning is always more cost effective than waiting for the crisis.

It is also important to set up trusts and other legal documents that specify how the assets should be used in the event of long-term care. This can ensure that your assets are used to pay for your medical expenses. In addition, make sure to properly organize your financial records and documents. This will help you quickly access and manage any funds that may be required for nursing home care.

Finally, you should also review your existing insurance policies to make sure they cover the costs associated with long-term care. Most health insurance plans don’t cover all of the expenses related to long-term care, so it’s important to review what’s covered before signing any documents. Making sure you have the right coverage in place can help ensure that your assets are not taken advantage of by the nursing home.

By taking the time to plan ahead and ensure you have enough money set aside for adequate senior living facilities, you can rest easy knowing that you have taken the necessary steps to ensure your future is secure. Contact us at Paths Law Firm today to discuss planning for the future and your long term care needs.

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Contact An Elder Law Attorney

We are legal experts focusing on wills, trusts, medicaid, guardianships, and asset protection for seniors and veterans in Missouri.

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Paralegal

Jennifer Scott

jennifer scott

Jennifer serves as an Estate Planning Paralegal, providing comprehensive support to the firm’s attorneys and clients. She assists in the preparation of wills, trusts, powers of attorney, and other estate planning documents, ensuring accuracy, clarity, and alignment with each client’s objectives.

Before transitioning into estate planning, Jennifer gained extensive experience as a Family Law Paralegal, this background enables her to navigate sensitive client circumstances with professionalism, discretion, and a strong understanding of family dynamics.

Jennifer is recognized for her attention to detail, strong organizational skills, and commitment to delivering a thoughtful and reassuring client experience. She approaches each matter with integrity and a focus on ensuring clients feel informed and supported throughout the process.

Outside of the office, Jennifer enjoys practicing yoga, watching sunsets, and spending time in nature—activities that provide balance and inspiration in her personal life.

Assistant to Russell Fracassa

Peyton Osborne

Peyton Osborne

Peyton serves as the Assistant to Russell Fracassa, bringing dedication, reliability, and compassion to her role at Paths Law Firm.

With prior experience supporting small businesses in administrative and operational capacities, she has developed strong organizational skills and a sharp attention to detail that help ensure both attorneys and clients are well supported.

She is currently studying at the University of Missouri–Kansas City as an Honors Student, demonstrating a strong commitment to excellence in both her academic and professional pursuits. Peyton’s work ethic and drive are reflected in the care she brings to each task and interaction.

Outside of the office, Peyton enjoys spending time with her family, reading, and exploring new places.

Probate Paralegal

Shaye Kotze

Shaye Kotze

Shaye entered the field of civil law in 2022 and has quickly developed a strong foundation in client service and legal support.

Her academic background includes an Associate of Science degree in Healthcare Services and Informatics Administration and a Bachelor of Science in Interdisciplinary Studies, with an emphasis in Health and Human Services, Social Sciences, and Humanities.

This unique blend of legal experience and healthcare-focused education allows Shaye to approach her work with both analytical precision and genuine empathy — especially when supporting families navigating complex and sensitive situations.

Outside of the office, Shaye enjoys spending time with her husband and their one-year-old daughter. Whether she’s baking sourdough, working on arts and crafts, or enjoying time outdoors, she values creating meaningful moments with her family.

Receptionist

Malia Blosser

Malia Blosser

Malia serves as the first point of contact for many of our clients, helping create a welcoming and supportive experience from the very first phone call. As our receptionist, she assists with scheduling, communication, and ensuring that each interaction reflects the care and professionalism our firm values.

She understands that many families who contact our office may be navigating stressful or uncertain situations, and she strives to make every conversation feel comfortable and reassuring.

Outside of work, Malia enjoys spending time with her husband and their two children. She loves reading, watching movies, and baking with her kids — creating meaningful memories both at home and at work.

Of Counsel

Janeece L. Dent-Bennett

Janeece L. Dent-Bennett

Janeece Dent-Bennett was born in Lexington, Missouri, in 1960 and graduated from Lexington High School in 1979.  She graduated with a Bachelor of Science in Business Administration with a major in Accounting from University of Central Missouri in Warrensburg, MO in 1982. 

In 1985, Janeece graduated with distinction from the University of Missouri-Kansas City School of Law.

Upon graduation from law school, Janeece joined the former Shughart Thomson & Kilroy, P.C. law firm (now Polsinelli) in Kansas City, Missouri, with a primary practice in corporate and business law. 

She started her own law practice in 1989 and has since practiced law in Lee’s Summit, Missouri, serving clients throughout the state of Missouri with a primary emphasis in Wills, Trusts, Estate Planning, Probate, and Business Transactions.

Janeece is married and has 3 children.  Jillian Dent is an attorney in Kansas City, Missouri.  Nathan Dent is a Certified Public Accountant in Denver, Colorado.  Andrew Bennett is an Electrical Engineer in North Kansas City, Missouri.  Her husband Mark Bennett is an IT specialist contractor for the USDA.

Recently, Janeece closed her former solo law practice of 36 years and joined Paths Law Firm in Lee’s Summit, MO as Of Counsel.

Legal Assistant

Reese M. Lehr

Reese Lehr

With a strong background in customer service and a passion for helping others, Reese brings dedication and a positive attitude to her role as a Legal Assistant at Paths Law Firm. She supports the team by managing client correspondence, organizing policies, and stepping in wherever needed to ensure clients receive the highest level of care. Known for her strong work ethic and adaptability, Reese is always ready to tackle new challenges and contribute to the firm’s mission.

Reese is currently enrolled in the Honors Program at the University of Missouri–Kansas City, where she continues to pursue academic excellence. Outside of work and school, she enjoys spending time outdoors and cherishing meaningful moments with her family and friends. Her enthusiasm, reliability, and drive make her a valuable part of the Paths Law Firm team.

Office Assistant

Christine G. Yates

Christine G. Yates
Christine serves as the Office Assistant at Paths Law Firm, where she supports day-to-day operations with a strong work ethic and a positive attitude. A student at Faith Christian Academy, Christine is passionate about pursuing a future career in both business and law, with a goal of serving her community and making a meaningful impact.
 
Outside of the office, Christine is a multi-talented individual who enjoys spending time with family and friends, playing musical instruments, practicing martial arts, cooking, exploring the outdoors, and constantly learning new skills. Her energy, curiosity, and dedication make her a valued member of the Paths team.

Legal Assistant

Bailey E. Harrison

Bailey
Bailey is a skilled Legal Assistant with a focus on elder law, providing dedicated support to both clients and attorneys. With a strong background in customer service and a certification from the University of Arkansas’ paralegal program, Bailey brings exceptional organizational skills, attention to detail, and a client-centered approach to their work.
 
Committed to efficiency and professionalism, Bailey assists in navigating complex legal matters with compassion and precision. Outside of work, Bailey maintains a balanced lifestyle by reading, staying active, and spending quality time with their cats.

Community Relations

Jeane M. Fracassa

Jeane M. Fracassa

Jeane Fracassa – a dedicated and accomplished professional who retired with an impressive 38-year service record from the Kansas City Missouri Police Department. Throughout her illustrious career, Jeane served as a Civian Supervisor in the Communications Unit, where she played a pivotal role in ensuring efficient and effective communication within the department.

Even in retirement, Jeane’s commitment to community service remains unwavering. Currently, she serves in various capacities within Community Relations at Paths Law Firm. Actively engaged in the Lee’s Summit and Overland Park communities, she proudly represents the law firm.

In all aspects of her life, Jeane Fracassa exemplifies the values of community, compassion, and family. Her commitment to making a difference and her love for exploration make her a remarkable individual, whose presence brightens the lives of those she encounters. Whether at work, with family, or during her travels, Jeane’s genuine care for others and her zest for life make her a truly remarkable and inspiring person.

Attorney

Kathleen E. Overton

Kathleen E. Overton, Attorney

Kathleen Overton is an attorney and owner at Paths Law Firm. She has more than 17 years of experience advocating for those with special needs and navigating the state and federal agencies formed to help the disabled and elderly. At Paths Law Firm, Kathleen’s practice focuses on helping the elderly qualify for nursing home Medicaid, creating estate plans to protect beneficiaries, as well as a lot of time planning and forming businesses. Kathleen also enjoys helping clients form non-profit organizations and obtain 501(c)(3) tax exempt status.

 

After attending law school at the University of Oklahoma, Kathleen began representing clients before the Social Security Administration. Eventually her practice switched to federal court appeals and Kathleen spent years representing clients before the Eastern and Western District of Missouri, the District of Kansas, and the Eighth Circuit Court of Appeals. Kathleen has since focused her practice on estate planning and elder law after watching clients struggle to find ways to financially care for loved ones with special needs or aging parents.

 

Kathleen lives in the Northland with her husband and four children. She spends her free time attending soccer matches and ballet performances with her children and starting endless home improvement projects with her husband. 

DIRECTOR OF OPERATIONS

Sydney R. Morris

Sydney R. Morris

Sydney serves as the Director of Operations at Paths Law Firm, overseeing the firm’s internal processes, team coordination, and strategic initiatives. Since joining the firm in 2017, she has grown from an experienced paralegal and internal accountant into the central force behind the firm’s operational excellence. 

She graduated with honors from the University of Missouri–Kansas City in 2022 with a Bachelor of Science in Accounting. Sydney is also a proud alumni member of Bloch Launchpad, Phi Theta Kappa, and the National Honor Society.

Outside of the office, Sydney enjoys spending time with her husband, reading, baking, and going on long walks.

FINANCIAL MANAGER

René A. Fracassa

René A. Fracassa

René is the Financial Manager at Paths Law Firm overseeing all aspects of revenue, expenses, and financial planning. She is also responsible for general office management, including assisting in many of the administrative matters that periodically arise. 

René earned her Bachelor of Science in Hotel and Restaurant Management from Central Missouri State University in Warrensburg, Missouri and soon thereafter worked her way through management at The American Restaurant where she worked almost 17 years before relocating to the country of China.

In her spare time, René is currently quite active managing multiple generations of her family, including parents and grandkids.  René has had great impact on the lives of many women teaching discipling and teaching and abundance of Bible Studies. Her former career in management and event planning trained her well to juggle all the activity.

MARKETING MANAGER

Hilary R. Tichota

Hilary Tichota

Hilary plays a vital role in managing the Marketing Department at Paths Law Firm.  She is excellent at bringing new ideas and sharing valuable resources with the law firm and our community. Hilary has been with the law firm since the beginning, working in nearly every role which is invaluable in her marketing endeavors as she brings a unique set of skills into the Marketing Department.

Hilary is nearly complete in her Bachelor’s of Arts Degree in Marketing at Park University.  She has earned the honor of being listed in National Honors Society, Phi Theta Kappa, and the Dean’s List. Hilary is always looking for new and innovative ways to share the law firm’s message.

ATTORNEY

Russell A. Fracassa (Rusty)

Attorney Russell A. Fracassa

When asked what he wants to do, his reply was “I just want to sit at the kitchen table and work directly with people.” Rusty enjoys working with clients providing experienced advocacy and supporting them through their unfamiliar and overwhelming situations. Due to all the challenges faced by seniors, it is essential to work with an experienced elder law attorney who has expertise in the law, issues, and concerns affecting seniors and their families.

Rusty brings more than 30 years legal experience and expertise working for seniors and their families as an elder law attorney in Kansas City and surrounding. Prior to law school, Rusty was an accountant and his first couple years practicing law was as a tax attorney. This provides invaluable experience in his current practice of law. Rusty’s focus is helping protect seniors’ assets from taxes and long-term care costs, benefit qualification, and navigating more complex family scenarios in their estate planning.

Rusty has personally experienced the loss every parent fears, caring for a spouse suffering with cancer and the treatment, and working with aging parents through all stages of their lives.  He intimately understands the challenges faced by individuals and their caretakers when capacity or health declines, how to prepare for it, and the legal matters while in the midst of it.  He may not be able to eliminate his client’s grief, but he strives to provide clients with peace of mind.

In 2010, Rusty’s faith and love led him and part of his family to China as Christian missionaries. He and his wife, went permanently, but ended up dedicating 3 years to that ministry. They returned to Missouri to help with grandchildren after a family tragedy and later began anew with Paths Elder Law. The goal is providing compassionate care through legal advocacy.

Rusty has multiple degrees and advanced study spanning his Bachelor’s of Arts in Business Administration – Accounting at Rockhurst College (now Rockhurst University), Masters of Arts in Accounting and in Intercultural Studies, as well as his Juris Doctorate from the University of Missouri at Kansas City School of Law.

When Rusty is not practicing law, he enjoys spending time with his family, grandchildren, and excessive eating at local restaurants.

Practice Areas

  • Wills and Trusts
  • Estate Planning
  • Asset Protection
  • Medicaid Benefits
  • VA Benefits
  • Probate
  • Guardianship and Conservatorships
  • Education

 

BSBA and Master’s in Accounting, Master’s in Inter-Cultural Studies, and Doctorate in Juris Prudence

  • Rockhurst University
  • Liberty University
  • University of Missouri – Kansas City


Admissions to Practice

  • Missouri


Professional Memberships and Affiliations

  • State Bar of Missouri
  • National Academy of Elder Law Attorneys (long-time Member)
  • Elder Counsel (Charter and Ongoing Member)
  • Missouri Association of Trial Attorneys (Past Member)
  • Kansas City Metropolitan Bar Association
  • Missouri State Bar Committees – Elder Law, Estate Planning, Probate