Making Medicaid work for you While Medicaid provides health coverage to millions of Americans, it doesn’t mean it’s easy to navigate the program. Applying for coverage and understanding eligibility requirements can be tricky, and creates situations where families aren’t getting the care they need. We have a dedicated team that does nothing but complete applications, providing reliable guidance for all case scenarios.
For example, in Texas, your annual income should be about 17 percent of the federal poverty level. But your one motor vehicle and most of your personal property are exempt from this limit.
The first step is to determine if you have a viable case. Most Medicaid attorneys will provide a free consultation at which your attorney will explain the applicable law and evaluate the strength of your case based on the facts and circumstances involved.If you have a case against Medicaid, your attorney will protect your rights by filing a civil lawsuit and seeking monetary damages. As your case moves forward, your attorney will gather facts, evidence, and identify witnesses to support your contention and represent your best interests in all legal proceedings leading to trial in federal or state civil court, whichever has the authority to hear your case under jurisdiction law.In civil court, your must prove your case on the preponderance of evidence, which means that the evidence you present more likely than not proves your claim. Your attorney will use your medical records, related expenses, and other evidence to prove your claim was improperly denied and the service, equipment, or supplies were allowed by Medicaid.
Sarah did her research, and found a nice place nearby. When she found out how much her dad’s room would cost, she was rendered speechless: almost $92,000 a year! She was even more shocked to find out this was about average, nationally speaking.
“A strong recommendation for Jason Neufeld and his Elder Law firm – very professional, patient, reliable, and experienced. When my father fell terminally ill, I became responsible for his assets and finances overnight, including the daunting task to qualify him for Medicaid. I interviewed several elder law firms but was most impressed by Jason’s client approach and practices. Throughout the process, Jason and his team provided clear guidance and support to successfully complete all the new and complex tasks required as a POA, and more importantly he enabled us to quickly achieve our goals related to Medicaid and estate planning. His fees are more than reasonable for the level of due diligence and support we received.”
If you are worried about future health care costs and want to protect yourself and your family, come to the law firm of Carol A. Nolan, Attorney at Law today. Call 630-668-6600 to schedule a confidential consultation.
Medicaid is a complex federal program that serves the needs of uninsured individuals. These people include pregnant women, disabled individuals, certain children, and senior citizens who need a caregiver. To receive Medicaid benefits, individuals must meet certain eligibility requirements. Though Medicaid is a federally funded program with policies that are put in place by the federal government, each state sets their own eligibility requirements.
Medicaid is a federal program administered by the states, so local laws can affect eligibility. Medicaid rules change all the time, creating stress and uncertainty for those who require long-term care and their families. The attorneys at Pierro, Connor & Strauss LLC provide compassionate service and direct answers to help clients navigate these changes. There are often strategic actions that can help a person qualify for assistance.
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Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations, and peer evaluations. The number provided represents the number of attorneys at the firm that have been selected to the Super Lawyers or Rising Stars lists.
If the potential client has a trusted friend, financial adviser, attorney or accountant that wants to attend, they are invited as well. We can certainly have trusted parties on speakerphone as well.
Medicaid recipients are allowed to set money aside to take care of their final arrangements. Currently, you can set aside up to $10,000 in a burial fund and still qualify for Medicaid.
All I can say is Wow ! I have never seen a team attack and solve a problem like Hurley. We lost our father and two weeks later our mother suffered a severe stroke. Nursing home costs were draining their life savings, but Hurley found a solution and got things under control. Gary G. It’s impossible to accurately describe the lost feeling of realizing you need power of attorney, updated will and general guidance all of a sudden when dealing with a parent with dementia. The firm’s responsiveness has been superb, their work flawless and their advice kind, compassionate and professional. I’ll forever know that their guidance prevented us from making many bad decisions. Neal R. Due to aging, escalating health and cost concerns for both my husband and myself, I chose to work with Hurley Elder Care to do care and estate planning. I am so very pleased with the result. I have a much improved understanding of the complexity of this process, the necessary documents, timing, regulations and the need for professional guidance. Gina M. Superb service through a difficult maze of governmental regulations and requirements which are not navigable by an individual without a depth of knowledge that far exceeds mine. Wallace M. Hurley Elder Care Law went to work for my Mother and navigated all of the Government red tape and got her approved for Medicaid in short order. I, as her POA, could not even begin to climb the mountain of paperwork on my own. David Q. Very comfortable atmosphere. They treat you like you are one of the family. Val B.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
With an office in Queens, the Law Offices of Roman Aminov specializes in estate planning, probate, and elder law. They collaborate closely with other professionals (accountants, financial advisers, etc.) to analyze each client’s unique situation and develop a tailored plan that may include durable power of attorney, last will and testament, a living trust, health care proxy, Medicaid planning, guardianships, or an irrevocable trust.
Among the most devastating news a family can receive comes in the form of a diagnosis of dementia or physical decline of a loved one. The personal issues are profound; the financial considerations can be overwhelming. The costs of long-term care, whether at home or in a facility, can devastate a modest retirement savings. It puts in jeopardy not only the one who needs care, but those dependent on them for support. At these times, it becomes essential to understand what benefit programs can help and which don’t. For some, VA benefits provide relief; for many others, the only available option is Medicaid.
Ideally, the best time to do planning is at least 5 years before the potential Medicaid applicant becomes ill and requires assistance. But, there are still many techniques that help to protect assets, even if the client is unable to wait five years from the date of planning to a Medicaid application.
Medicaid attorneys generally do not sell irrevocable funeral expense trusts. However, they can do so through a partnership with a licensed insurance sales agent. This type of trust is a legal contract between the Medicaid recipient and an insurance company. It provides a way for one to “spend down” extra assets, while also setting money aside for future funeral / burial costs. As long as the amount of the funeral trust is under the limit for the state in which the Medicaid recipient lives, it is not counted towards Medicaid’s asset limit.
You don’t have to go broke to pay for long term care. You don’t have to lie awake at night scared to death worrying about how you’ll pay caregivers, the nursing home or assisted living residence. You’ve heard from your friends and family about Medicaid, but you’re not sure if you or a loved one is eligible for the care so desperately needed at state expense. If I’m describing you, if you’re feeling stressed, frightened and want the advice and reassurance of an experienced and caring NJ Medicaid and Elder Care attorney, I’m here for you, right now… today. Just reach out to me!
Should I hire an elder law attorney?Paying for long-term care can be incredibly difficult and often stressful. Medicaid is one option, but qualifying for benefits is more challenging than you may think. An experienced elder law attorney will be able to help you navigate the qualification requirements and limits, and make sure your income and assets are within the acceptable limits.
At Bott & Associates, LTD, our team strives to provide personalized assistance with all of your estate planning related affairs. Our estate planning lawyer has been practicing law for over 20 years, and is one of only a handful of members of the American Academy of Estate Planning lawyers, in the Chicagoland area. The American Academy of Estate Planning Attorneys is a national exclusive organization dedicated to promoting excellence in estate planning.
5. Needs test (ADLs – do they need assistance with walking, transferring from a bed or chair to a standing position, dressing themselves, bathing, feeding and toileting).
Elder Law covers traditional estate planning, such as wills and trusts, plus a broad range of legal and financial issues that arise with aging and/or disability. This can include arrangements for care, social security and retirement benefits, and protection against elder abuse (physical, emotional and financial).
If you’re in need of a Medicaid lawyer in Lower Burrell and the Alle-Kiski Valley region, Chris Harkins is the right person to contact. As a licensed lawyer practicing Elder Law, Harkins has great knowledge and experience in both Medicaid preplanning and Medicaid crisis planning.
The short and simple answer is no, a lawyer is not needed to get Medicaid. However, based on one’s marital status, financial holdings, and complexity of other relevant factors, it may be best to hire an attorney who specializes in Medicaid in the state in which one resides. As covered above, it is illegal for non-attorneys to do some aspects of Medicaid planning. However, another option is to hire a professional Medicaid planner, also called a Medicaid specialist or a Medicaid Advisor, who partners with an attorney. For persons who have Medicaid cases that are fairly simple and straightforward, a Medicaid planner might be a good option.
What does Medicaid pay for?Medicaid covers a broad spectrum of healthcare services, including the cost of doctor’s visits, dental appointments, and hospital expenses. Medicaid also covers long-term care costs, whether at home, in assisted living (in certain facilities), or at a nursing home. Prescription drugs are not directly covered, but Medicaid may pay the premium for the Medicare prescription drug plan for eligible recipients.
At The Stone Law Firm we are dedicated to helping older people and the disabled in the Houston, Texas area, obtain government benefits and access to quality care, while ensuring they have the benefit of every legal opportunity to protect assets. Houston Medicaid attorney Nancy Stone, JD, MPH has the expertise in elder law and Veterans’ benefits to help seniors and their families and caregivers obtain the best results at reasonable rates. Houston Medicaid Attorney, Accredited by the U.S. Department of Veterans Affairs Our firm provides consultation on how to pay for quality long-term care while protecting hard-earned savings, drawing from a variety of pay sources, including:
Will Medicaid pay for assisted living?With limited exceptions, Medicaid in NYS does not cover assisted living. Medicaid will pay for care at home or at a skilled nursing facility, such as a hospital, rehabilitation center, or nursing home, or for caregivers to provide assistance in one’s own home. New York does have an ‘Assisted Living Program,’ where Medicaid covers the costs of care, but most assisted living facilities do not participate in the program.
The problem with the existing long-term care system in Florida (and the US in general) is that the very wealthy can afford to privately pay for home-health care, assisted living facility care, or skilled nursing home care. The indigent already qualify for Medicaid’s long-term care benefits. Its the middle class who get the short end of the stick (in a long-term care planning context only). These are the clients I am best able to help – because Elder Needs Law, PLLC can put together strategies that will allow our clients to get long-term care benefits immediately or in the near future rather than having to wait five years or having to lose everything first.
Note that it is not illegal for someone other than an attorney to assist you with the application, as long as you request them to do so. That being said, not all attorneys are knowledgeable about this very narrow area of specialization. Medicaid programs differ so much between states that most Medicaid attorneys are only familiar with the rules and regulations in the state(s) where they are licensed to practice law. If you decide that your situation warrants a lawyer’s help, be sure to look for a certified elder law attorney who has specific education and experience in the area of Medicaid planning for your state.
A considerable amount of planning is needed prior to filing for Medicaid. Planning is needed to ensure the protection of life savings and assets without having to spend down to almost nothing. Contact Pierro, Connor & Strauss, LLC to schedule a free consultation with a Medicaid lawyer who can help you pay the exorbitant cost of long-term care while also protecting your assets.
At Monahan Law Group, LLC, our Medicaid and estate planning lawyers will assess your situation and assist you in reorganizing your assets to increase your chances of qualifying for Medicaid. We provide legal guidance to individuals in Chicago and throughout Illinois.
What does Medicaid pay for?Medicaid covers a broad spectrum of healthcare services, including the cost of doctor’s visits, dental appointments, and hospital expenses. Medicaid also covers long-term care costs, whether at home, in assisted living (in certain facilities), or at a nursing home. Prescription drugs are not directly covered, but Medicaid may pay the premium for the Medicare prescription drug plan for eligible recipients. Do I need Medicaid if I have Medicare or private insurance? Unfortunately, Medicare will not cover the cost of long-term care at home or in a skilled nursing facility. Neither will private health insurance. Medicaid is the only government benefit that will cover these costs. Will Medicaid pay for assisted living?With limited exceptions, Medicaid in NYS does not cover assisted living. Medicaid will pay for care at home or at a skilled nursing facility, such as a hospital, rehabilitation center, or nursing home, or for caregivers to provide assistance in one’s own home. New York does have an ‘Assisted Living Program,’ where Medicaid covers the costs of care, but most assisted living facilities do not participate in the program. What are the income and asset limits when an individual would like to qualify for Medicaid?The income and asset limits change annually. Please see our current Medicaid qualification handout. If a family member needs to go to a nursing home and he or she still owns a home, will they take my family member’s home?There are special rules which can help protect the family home for many clients. Pierro, Connor & Strauss can advise on the best techniques to protect this important asset. Will the nursing home take all of my family member’s assets if we have not done any planning?The rules surrounding how to qualify for Medicaid are complex and vary depending on the applicant’s assets. Under the current Medicaid rules, we can often assist families to preserve a large percentage of their assets, even when they have not previously completed any planning. When is the best time to do Medicaid planning?Ideally, the best time to do planning is at least 5 years before the potential Medicaid applicant becomes ill and requires assistance. But, there are still many techniques that help to protect assets, even if the client is unable to wait five years from the date of planning to a Medicaid application. What is a “penalty period”?A “penalty period” is a period of time an individual would be ineligible for Medicaid because he or she has made uncompensated gifts or transfers in the five-year period prior to a Medicaid application. Do “penalty periods” apply to all Medicaid applications?No. Currently, a “penalty period” is only assessed against gifts or transfers when an individual applies for a “Chronic Care” Medicaid. This is Medicaid if the applicant is in a hospital, rehabilitation center, or skilled nursing center (nursing home). A new 30 month look-back period has been approved for “Community” Medicaid applicants (care at home). IT is believed that this new look-back period will likely go into effect no earlier than April 1, 2022.
Yes, you read that right: hundreds of thousands of dollars. Because Medicaid specialists and elder law attorneys specialize in Medicaid rules and the issues surrounding them, including how to plan for long-term care – how to best structure your loved one’s estate to ensure the best care for the best price.
Due to aging, escalating health and cost concerns for both my husband and myself, I chose to work with Hurley Elder Care to do care and estate planning. I am so very pleased with the result. I have a much improved understanding of the complexity of this process, the necessary documents, timing, regulations and the need for professional guidance. Gina M.
No, this is simply not true and even though some families do spend virtually all of their savings on nursing home care, Medicaid does not require it. There are a number of strategies that can be used to protect your family’s financial security. In addition, there are also many assets that are considered exempt for Medicaid eligibility purposes.
“The special needs of my older clients are significant and highly complex,” says Mr. Niemann. “If you’re going to help service these special and vulnerable people, you must have a substantive grasp of the law, including rules related to Medicare/Medicaid and other government benefits.
Sign a Durable Power of Attorney to authorize your agent to manage your assets and income if you are unable to do so and implement Medicaid planning to protect your assets. Sign a Health Care Proxy and Living Will in which you authorize someone to make medical decisions on your behalf and instruct your family and doctor about life prolonging medical procedures when there is no chance of medical recovery. Update Your Will to provide that your estate will not go directly to your spouse if he or she is in a nursing home. Create an Irrevocable Living Trust. Protect Your Home. There are many ways to protect your home, including the $859,000 equity exclusion, transfers to certain family members, life estates, trusts, reverse mortgages and home equity loans. New York State Partnership Long Term Care Insurance Policy allows you to access Medicaid after the insurance runs out, regardless of the amount of assets that you own. Set-Up a Prepaid Funeral Account with a Funeral Home. Use IRAs and Pensions. Certain Properly Documented Gifts may not be subject to the Medicaid penalty rules. Maximize Spousal Allowances and Transfers. If one spouse enters a nursing home, the other spouse is entitled to protect certain assets and income. Establish Caregiver Agreements (Personal Service Contracts) to pay your relatives for helping you. Make Transfers for the Benefit of Disabled Friends or Children. Spend-Down Your Assets.
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As an irrevocable trust, it cannot be changed or cancelled. The trust must also have the following features: The trust must be set up in Georgia no earlier than the first month that an applicant seeks to qualify for Medicaid. The only deposits into the trust must be the applicant’s income (such as Social Security, pension, annuity payments and interest income). To receive deposits and make payments, the trust must have its own checking account (with no fees). The trust cannot hold any assets, such as a house or other investments. Any funds remaining in the trust at the beneficiary’s death, under the terms of the trust, must be used to reimburse Georgia Medicaid for benefits received by the beneficiary.
Will I have to spend down all my money before I can receive Medicaid? No, this is simply not true and even though some families do spend virtually all of their savings on nursing home care, Medicaid does not require it. There are a number of strategies that can be used to protect your family’s financial security. In addition, there are also many assets that are considered exempt for Medicaid eligibility purposes.
For more complicated cases – for example, if your loved one is married (and his/her spouse does not require nursing home care), owns real estate, has significant savings or retirement accounts, etc. – you will likely benefit from the services of an elder law attorney.
Will I Lose My Home? Many people who apply for Medicaid benefits to pay for nursing home costs ask this question. For many, the home constitutes much or most of their life savings. Often, it is all the couple has to pass on to their children. Under the Medicaid regulations, the home is an exempt asset (so long as the equity value is less than $585,000). This means its value is not taken into account when calculating eligibility for Medicaid benefits. But in 1993, Congress passed a little‐debated law that affects hundreds of thousands of families with a spouse or elderly parent in a nursing home. That law requires states to try to recover the value of Medicaid payments made on behalf of nursing home residents. Estate Recovery does not take place until the recipient of the benefits dies (or until both spouses are deceased if it is a married couple). Then, federal law requires that states attempt to recover benefits paid from the recipient’s probate estate and in some cases non‐ probate estate. Generally, the probate estate consists of assets that the deceased owned in his or her name alone without beneficiary designation. The non‐probate assets include assets owned jointly or payable to a beneficiary. About two‐thirds of the nation’s nursing home residents have their costs paid in part by Medicaid. Obviously, the Estate Recovery law affects many families. The asset most frequently caught in the Estate Recovery web is the home of the Medicaid recipient. A nursing home resident can often own a home and receive Medicaid benefits without having to sell the home. But upon death, if the home is part of the probate or non‐probate estate, the state may place a lien on the property in the amount necessary to reimburse the state for the Medicaid payments that were made. The state of Georgia has a Medicaid Estate Recovery Pro‐ gram. Fortunately, there are ways to protect your property in Georgia or to at least minimize your exposure to Estate Recovery. Since Medicaid rules are constantly changing, you will need assistance from an elder law attorney about these rules. Contact us to discuss your specific situation so that we can find ways to help.