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A Medicaid professional consultant helping an elderly woman to protect her assets and money from the nursing home spend down.

Medicaid Planning Examples, Medicaid Emergency

Exempt situations that are subject to the Medicaid estate recovery

Jeanne, 68, is healthy. Jeanne is currently making plans for LTC, or long-term care. Her current assets total $300,000. It is believed that Jeanne could benefit from an elder law attorney. The attorney could help her reposition her assets, which will allow her to qualify for Medicaid benefits within a five year period. If Jeanne is in need of Medicaid sooner, the repositioning plan can be revised.
Margaret gave her son $100,000. She transferred this amount in October 2006. At that time, she was in good health. In January of the following year, she suffered a stroke and entered a nursing home facility. In February, she applied for Medicaid. She was then notified that her nursing home costs would not be covered by Medicaid due to the recent $100,000 gift given to her son. Margaret would benefit from an elder law attorney who could assist her in getting Medicaid benefits despite the gift amount.
Ally, 72, owner of out-of-state homestead. Ally entered a nursing home and then applied for Medicaid benefits. She was denied benefits on the basis of owning the out-of-state homestead. Ally consulted with an elder law attorney and was informed that she may be able to take some actions that would allow her out-of-state home to be considered exempt in regards to her eligibility for Medicaid based on her assets.
David, 85, resides at home. He is the community spouse. He has a wife who is 82 years old. His wife recently entered a nursing home. Together, the couple has assets that equal $200,000. In this case, an elder law attorney could assist David in arranging for these assets to be protected for David’s personal needs at home. This means that his wife may qualify for Medicaid benefits without having to spend down any assets.

Medicaid Emergency Eligibility Questions

It is always best to plan for Medicaid in advance. However, this is not always possible for everyone. This is why clients are urged to explore all options available to them. If a family member requires an emergency admittance into a nursing facility, elder law attorneys can help the remaining spouse or family member. Even if the individual is denied Medicaid benefits, an attorney can help.
If you have recently been denied benefits and are required to pay nursing care expenses from your own pocket, it is possible that you could save a large portion of your assets by having the initial application for Medicaid reviewed by an attorney. The elder law attorney will take a look at the levels of assets, the amount of income per month and any asset transfers or prohibited gifts. In many cases, the attorney will be able to make some changes to the estate plan that would then allow the individual to qualify for Medicaid.

Advanced Medicaid Planning – Eligibility Issues

The sooner estate planning and asset protection are discussed, the better. It is never too early to plan for the possibilities of the future. By consulting with an attorney, individuals will gain the peace of mind that results from knowing they are, and will be, financially secure as they enter old age.
Attorneys are available to prepare estate plans, which will include all instruments that will be needed to make sure that the individual will qualify for Medicaid. Existing estate plans can also be reviewed at any time and modifications may be made so that the person can become eligible for Medicaid benefits.
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