At Jarvis Law Office, we help West Virginia families plan wisely, protect confidently, and age with dignity.
Regardless of if you live in Charleston, Morgantown, Wheeling, or any community in between, our team of estate planning and elder law attorneys provides the guidance you need to secure your assets, qualify for Medicaid, and prepare for every stage of life with peace of mind.
According to U.S. Census data, nearly 21% of West Virginians are over age 65, one of the highest senior populations in the nation. That means more families are facing tough questions about long-term care, Medicaid eligibility, and how to make sure their loved ones are cared for without sacrificing everything they’ve earned.
Our team helps clients create living trusts, powers of attorney, and Medicaid-eligible asset protection plans that keep care affordable and family wealth intact. We coordinate directly with local institutions to align your legal and medical needs under one plan.
What Is Elder Law and Estate Planning in West Virginia
Elder law and estate planning work hand in hand to protect your health, assets, and independence as you age. Together, they make sure your wishes are honored, your care is affordable, and your family has the legal authority to act when needed.
At Jarvis Law Office, we help West Virginians prepare for life’s later stages through personalized plans that address Medicaid eligibility, long-term care, asset protection, and estate administration. Our goal is to give families peace of mind knowing they can make informed decisions and preserve what matters most.
In West Virginia, these protections are more important than ever. Nearly one in five residents is over age 65, and the average cost of skilled nursing care now exceeds $7,300 per month.
Facilities in Charleston, Morgantown, and Wheeling, including Morgantown Health and Rehabilitation, often have limited availability, with senior housing waitlists ranging from six to eighteen months in counties like Kanawha, Cabell, and Monongalia.
By planning early, you can protect your assets, qualify for vital benefits, and secure long-term care options before a crisis occurs.
Our Elder Law and Estate Planning Services for West Virginia Families
Our services include:
- Asset Protection
- Elder Law
- Care Navigation
- Memory Care Planning
- Special Needs
- Medicaid Planning
- Estate Planning
- Estate Tax Planning
- Trust and Will
- Powers of Attorney
- Veterans Benefits
- Charitable Planning
- Business Succession Planning
WE WILL SPEAK FOR YOUR RIGHTS
Contact us for a free, no obligation consultation to discuss your options. You may find that you are entitled to payment if your claim was denied or underpaid. Let Jarvis Law Office be your advocate
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Why Choose Jarvis Law Office
Families across West Virginia trust Jarvis Law Office for guidance rooted in clarity, compassion, and experience
- Trusted Across West Virginia. Families throughout West Virginia and beyond rely on our team for clarity, compassion, and proven results.
- Plain-English Promise. We explain every option without legal jargon so you always understand your choices.
- Compassionate, Personalized Care. From your first call to the final signing, we treat you like family and tailor every plan to your needs.
- Elder Law & Asset Protection Experience. We help West Virginians protect assets, qualify for Medicaid, and avoid unnecessary probate.
- Transparent Flat Fees. All costs are explained upfront with no hidden charges or surprises.
- Community Commitment. We regularly host free educational workshops on estate planning, Medicaid eligibility, and veterans’ benefits.
- 20+ Years of Experience. With decades of trusted legal service, our attorneys are dedicated to helping West Virginia families plan confidently for the future..
Why Early Planning Saves Money
Many families wait until a health crisis forces quick decisions, which often means higher costs and limited options. Proactive planning:
- Reduces the risk of Medicaid denial or lookback penalties
- Prevents unnecessary probate expenses
- Secures eligibility for WV Medicaid home and community-based waivers
- Locks in current trust and tax rules before they change
According to the West Virginia Bureau for Medical Services, the average cost of skilled nursing care exceeds $7,300 per month, while assisted living averages $4,500–$5,200 per month. Planning ahead can prevent these costs from draining your savings.
About Jarvis Law Office
Founded in 2003, Jarvis Law Office helps families across West Virginia and Ohio protect their assets, secure long-term care, and plan for the future with confidence. Our attorneys combine deep legal experience with genuine compassion, offering flat-fee pricing, plain-English guidance, and lifetime client support.
With offices serving Charleston, Morgantown, and Wheeling, we work closely with local institutions like Charleston Area Medical Center, Huntington VA Medical Center, and Mon Health to provide practical, people-first legal solutions for every stage of life.
West Virginia Probate, Medicaid, and Care Laws Explained
Estate and elder law planning in West Virginia requires understanding how state-specific laws affect your property, eligibility, and care options. At Jarvis Law Office, we simplify these processes so families can make confident, informed decisions that protect their rights and assets.
West Virginia Probate Laws
West Virginia’s probate system is governed by WV Code §44-1 et seq., which outlines how estates are administered when someone passes away.
- Probate Thresholds:
If an estate’s total value is under $100,000, it may qualify for small estate administration, which simplifies court involvement. - Executor Appointment:
Executors must file within 30 days of death to open probate with the County Commission Clerk (e.g., Kanawha County Courthouse, Monongalia County Courthouse). - Avoiding Probate:
Using revocable living trusts, joint titling, and Lady Bird deeds, families can bypass probate entirely, reducing costs and delays that often last 6–12 months. - Probate Taxes:
While West Virginia repealed its estate tax, families may still face federal estate tax if assets exceed federal limits ($13.61 million in 2025).
West Virginia Medicaid Rules
Medicaid in West Virginia is administered by the WV Bureau for Medical Services (BMS). The program helps seniors cover nursing home and in-home care expenses, but strict income and asset limits apply.
| Category | Individual Limit | Married (One Spouse Applying) |
| Countable Assets | $2,000 | $2,000 for applicant + up to $154,140 for community spouse |
| Monthly Income Cap | $2,829 | Reviewed case-by-case |
| Lookback Period | 5 years | Applies to both spouses’ asset transfers |
| Home Exemption | Up to $713,000 equity | If spouse or dependent resides there |
| Vehicle Exemption | One vehicle of any value | Must be used for transportation |
Our attorneys prevent this by using Medicaid-compliant trusts and spend-down strategies that preserve assets while confirming eligibility.
Medicaid Waiver & Care Programs
For seniors who wish to remain at home or in assisted living rather than entering a nursing facility, West Virginia offers several Medicaid Waiver Programs, including:
- Aged & Disabled Waiver (ADW): Pays for in-home personal care, home modifications, and respite services.
- Assisted Living Waiver (ALW): Helps pay for room, board, and care at assisted living facilities such as Harmony at Southridge and Rolling Meadows Place.
- Personal Care Services (PCS): Covers in-home support for seniors with daily living challenges.
- Money Follows the Person (MFP): Helps transition individuals from nursing homes back into community settings.
Our firm assists with both initial waiver applications and annual renewals, coordinating directly with local DHHR offices and county Medicaid coordinators.
Our Client Process Across West Virginia
- Discovery Call: Share your concerns and goals in a free, no-pressure consultation.
- Planning Session: Review your options with an attorney who explains everything in plain English.
- Drafting Documents: We prepare wills, trusts, powers of attorney, and directives tailored to your needs.
- Review & Signing: Finalize your plan with clear explanations so you leave confident, not confused.
- Ongoing Support: Lifetime phone-call support and plan updates whenever your life changes.
Areas We Serve in West Virginia
We provide elder law and estate planning services across West Virginia, including:
- Charleston
- Morgantown
- Huntington
- Wheeling
- Parkersburg
- Beckley
- Fairmont
- Clarksburg
- Martinsburg
- Princeton
- Bluefield
- Weirton
- Elkins
- Bridgeport
- Moundsville
- St. Albans
- Nitro
- Vienna
- Oak Hill
- Summersville
- Point Pleasant
- Weston
- Lewisburg
- Ripley
- Spencer
- Grafton
- Buckhannon
- Keyser
- Charles Town
- Ranson
Local Resources We Work With in West Virginia
- Charleston Area Medical Center (CAMC) – Charleston, WV
- Huntington VA Medical Center – Huntington, WV
- Mon Health Medical Center – Morgantown, WV
- Good Shepherd Nursing Home – Wheeling, WV
- Eastbrook Center – Charleston, WV
- Harmony at Southridge Assisted Living – Charleston, WV
- The Crossings at Morgantown – Morgantown, WV
- Kanawha County Courthouse – Charleston, WV
- WV Bureau for Medical Services (BMS) – Charleston, WV
- Charleston Vet Center – Charleston, WV
Talk to a West Virginia Elder Law Attorney Today
Protect your family, your home, and your future, before a crisis forces difficult decisions.
At Jarvis Law Office, our West Virginia elder law and estate planning attorneys make the process simple, affordable, and stress-free.
Schedule your free consultation today.
