Gerhard Jr Robert C

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Certified as an Elder Law Attorney by the National Elder Law Foundation

Robert C. Gerhard, III is a certified Pennsylvania elder law attorney, one of just a few in the entire Commonwealth. Why certification? It shows his commitment to elder law.
In fact, the Pennsylvania Supreme Court's Rules of Professional Conduct mandate that only those attorneys who have obtained the "Certified Elder Law Attorney" designation can state that they specialize in elder law. Mr. Gerhard is an elder law specialist and has been honored by his peers in Philadelphia Magazine and Pennsylvania Lawyer as a "Super Lawyer" 2006, 2007, 2008, 2009, & 2010 in the field of elder law.
Attorney Gerhard is serving as Chair of the Pennsylvania Bar Association's Elder Law Section for 2010 and also as 2010 Chair of the Montgomery Bar Association's Elder Law Committee.
Mr. Gerhard was selected by peer review to be included in the 2010 edition of "Best Lawyers in America" and was recognized in the 2010 "Best Lawyers in Philadelphia" as seen in the Philadelphia Inquirer on January 29, 2010. He also in appeared in the 2009 Edition of Philadelphia Magazine as a "Five Star Wealth Manager." Attorney Gerhard was recognized by the Legal Intelligencer and Pennsylvania Law Weekly as a "Fast Track Lawyer," a leader in the field of elder law. In June 2007 the Philadelphia Inquirer gave top honors to Robert C. Gerhard, III as the 2007 Neighbor's Choice Award winner in the Montgomery County lawyer category. He has been interviewed by journalists researching articles for newspapers and other publications, including Money Magazine. Learn more...

Pennsylvania Medicaid Myths

So many times clients come to our office under the mistaken impression that there is nothing that can be done to protect assets from nursing home costs. Much of the popular literature gives readers the idea that unless assets are given away three years prior to a nursing home placement, it just about all goes to the nursing home. The answer actually depends upon the specific facts of your case. Though recently enacted legislation significantly restricts the use of some techniques, other asset protection strategies remain viable, especially for married couples where one spouse requires long-term care. Mr. Gerhard can guide you through the Medicaid application process (for home care under the PDA 60+ Waiver Program or nursing facility care) and enable you to shelter what can be protected under the law. Please visit the "testimonials" page to see what our clients have said about our work. More information...

Pennsylvania Medicaid Statistics, Including the Penalty Divisor

Client Testimonials

From time to time, Robert C. Gerhard, III receives very kind letters from clients at the end of cases. With client permission, such notes are posted on the client testimonial portion of this web site. An especially nice letter is set forth below.

LEGISLATIVE ADVISORY: The Deficit Reduction Act Will Impact Medicaid Eligibility Requirements for Pennsylvania Seniors Facing Long-term Care Crisis

The Deficit Reduction Act impacts Medicaid applications filed after March 5, 2007, with some portions of the law being applied retroactively to the date of enactment, February 8, 2006. This legislation encourages the purchase of long-term care insurance, expands the Medicaid "look-back" to five years for all gifts and changes the start date for calculating the Medicaid ineligibility period, curtails the use of some planning techniques, and limits the ability of low-income community spouse's to avoid impoverishment due to their spouse's nursing home costs. Long-term care planning options still remain for those who plan ahead. Advance asset protection planning is more important than ever. Read more about the Deficit Reduction Act...

The Highest Lawyer Rating, 2010 Peer Review Rated "AV"

Pennsylvania elder law attorney Robert C. Gerhard, III has been recognized by Martindale Hubbell with its highest rating of "AV" for legal ability and ethical standard. Generations of lawyers have relied on Martindale-Hubbells peer review system to obtain trusted information concerning members of the legal profession. When making referrals, lawyers need to have confidence in the individual under consideration. By reviewing the ratings, they can select counsel with superior ethics, as well as the desired level of professional experience. Read more...

Asset Protection Planning from Nursing Home Costs

Protecting assets from nursing home costs is on the minds of many people these days, especially in lignt of the ever-increasing cost of healthcare. The average monthly nursing home cost in Pennsylvania is currently $7,514.74. This is the number used by the Department of Public Welfare, effective January 1, 2010. The cost for nursing facility care in Philadelphia and the surrounding suburbs is even higher than the statewide average, especially when you factor in prescriptions and other ancillary costs from the nursing home.
Whether you are just planning ahead, facing an increasingly difficult time providing care at home, or have determined placement in a nursing facility to be unavoidable, Mr. Gerhard can help. Protecting a lifetime of savings, or at least as much as is legally possible, from nursing home costs does not happen by accident; it takes careful planning.
The facility's business office is unlikely to tell you how to protect your assets from nursing home costs. Nursing homes have a financial incentive to receive private payment as long as possible. In the words of one business office manager, "private pay residents float the boat." Though many honest, good people work in nursing home business offices, they work for the nursing home, not you. Mr. Gerhard works for you, not the nursing home. The nurse's station is totally separate from the business office. Federal and state law prevents nursing homes from providing any less care to Medicaid residents than to their private-pay population.
Asset protection requires examining your current circumstances, identifying your goals and objectives in light of the care required and placement options, developing a plan to achieve your goals and objectives, taking action to implement the recommendations in the plan, and periodically reviewing the plan as circumstances unfold. Mr. Gerhard assists you through the entire process.

"In the News"

"There may be more difficulty getting a loved one into a nursing home if they made gifts," cautioned Robert C. Gerhard III, a Montgomery County attorney who wrote a book on the state's Medical Assistance Rules. "It's riskier for seniors to make gifts to kids, even for seemingly acceptable reasons--say to help a child going through divorce or help a child buy a house, or a wedding present. These are things we typically help family members with, but if you do so now and need nursing home care, you may find yourself denied." Robert C. Gerhard, III as quoted in Pittsburgh Post Gazette, "Rules for Nursing Home Aid Tighten" 4/2/07, by Gary Rotstein.

Author of the Elder Law Treatise: Pennsylvania Medicaid, Long-Term Care

Robert C. Gerhard, III authored the book on Pennsylvania Medicaid as it relates to long-term care...actually two books. Updated and published again for 2010, Pennsylvania Medicaid- Long-term Care is now in its sixth edition. The text quickly became one of the best-selling works for the George T. Bisel Co, a well-respected publisher of Pennsylvania legal treatises. In July of 2007, his second text, the Pennsylvania Medicaid Long-Term Care Lawsource 2007-2008 was released at the Pennsylvania Bar Association's 10th annual Elder Law Institute. These two works are have become the leading resources on the topic of "Pennsylvania Medicaid- Long-Term Care" and are used by elder care professionals across the state. It took over three years to put the first edition of the treatise together, and I have expanded it each year to make it more comprehensive, says the author. "The second work, the "Lawsource" is a companion to the first book, providing quick access to selected primary source materials: state and federal laws, regulations, cases, and DPW policy. Mr. Gerhard is one of the Pennsylvanias leading experts concerning the legal issues of long-term care, and frequently teaches continuing legal education courses to attorneys across the state. Follow these links to learn more about the law treatise and lawsource and Mr. Gerhard's continuing legal education seminars.