Every State has statutes that permit the Long-Term Care Medicaid program to recover against a person’s estate up to the amount of benefits actually paid out. Most states limit the right of estate recovery to a person’s probate estate, which includes the house. There are States that have enhanced recovery statutes allowing for recovery against […]
The Holidays are here! For many, this is the season for giving. This is a perfect time to remind families managing the care of a disabled loved one (one who needs care with activities of daily living) about the Medicaid five-year look-back rule. Every applicant has a look-back period. It is triggered when the Long-Term […]
There are myths about gifting assets as a means of spending down to qualify for Long-Term Care Medicaid. The making of large gifts highlights them. The first myth is that as one grows older, it is wise to transfer ownership of the house to a child. “This is what seniors in the know do,” claim […]
Medicaid has a way of distinguishing the naughty from the nice in asset transfers. The Medicaid financial rules set limits on the amount of assets a person can retain to qualify for long-term care benefits. The applicant must prove how they spent down excess assets to reach the limit on assets. There are only two […]
Our parents are using their phones and tablets regularly. Generally speaking, this is great. It is not so great when they unwittingly fall victim to online scams. Many internet sources cover this issue well. I mention scamming seniors here because I see it in my Elder Law practice. Interestingly, there are some common themes in […]
All the assets, including the income of a person applying for Medicaid, are under consideration during the Long-Term Care Medicaid financial qualification process (a/k/a “Frosty”). Assets are classified initially as either protected or countable. Protected assets are NOT subject to the spend-down requirement. Countable assets ARE subject to the spend-down requirement. So, focus on keeping […]
A point of confusion for Elder Law clients engaged in the Medicaid application process is the entanglement of gift tax rules with the Medicaid gift rules. Most people are aware that an individual is allowed to make gifts up to $17,000 per person, per year, without incurring a gift tax on the transfer. This is […]
On the first day of Christmas, my true love established a Will with a Spousal Supplemental Needs Trust provision for me! Estate planning is a gesture of love for the benefit of one’s spouse and children. It is a process that puts in place a plan for who will settle your estate and for the […]
Well, it’s a new year. Maybe you are not a resolution type person. That consistency thing is tough. If you are a caregiver now or just becoming increasingly involved with your parents’ affairs, take an inventory of where key information is located. It won’t hurt to do the same for yourself. One and done, right? […]
