Many people share a common misconception that Medicaid Planning is not in the best interest of nursing homes. At the same time, many nursing homes are now recognizing that without proper Medicaid planning, some residents who have spent down all of their assets are not automatically qualified for Medicaid…leaving the nursing home with a very large, uncollectible bill. And, as many of you are aware, non-spouse family members are not responsible to pay the nursing home bill for their relative. If the resident is unable to pay and they do not qualify for Medicaid, the nursing home will have a…
Sally was the “responsible daughter” and it seemed like whenever there was a family problem, it fell to her. She was the one her dad trusted the most, so years ago he named her as the agent on his Power of Attorney. He knew that she would make sure his finances were safe and that he would be well cared for. Sally visited her father at the care center nearly everyday to make sure he was getting the care he needed. She talked with the folks in the business office and made sure that dad’s bill was paid every month…
Seniors face a myriad of health, finance and legal issues that can significantly affect their lives and families for years to come. Elder Law Attorneys understand the unique needs of older adults regarding physical and mental limitations and navigating the complexities of retirement living and financial and estate planning. An elder law attorney can help with the following legal issues related to seniors: Health and personal care planning (healthcare decisions, powers of attorney, living wills, disability planning, end-of-life care) Financial planning (employment and retirement issues, asset protection, estate and gift taxes) Long-term care planning (long-term care and disability insurance, Medicare,…
Medicare will pay for the nursing home. Medicare does not pay for long term care at the nursing home. Medicare consists of four parts: A, B, C, and D and is offered to those who are at least 65 years old, less than 65 years old and disabled, or in end-stage renal failure requiring dialysis or a kidney transplant. Medicare Part A pays for hospital stays, some home health care for rehabilitation services, and inpatient rehabilitation services. There is no monthly premium for Part A as these services are covered by payments made through your lifetime payroll taxes. Medicare Part…
Many elder law attorneys advise clients to consider using annuities as a means to protect assets for the community spouse when their spouse is in the nursing home. An important decision was reached that may benefit planners and their elder law clients in achieving asset protection goals. Reversing a district court, a U.S. court of appeals holds that an annuity is an unavailable resource even if it is purchased in addition to the community spouse resource allowance, and that there is no transfer penalty for the couple’s purchase of the annuity prior to a determination of Medicaid eligibility. Morris v….
There is a tendency to view elder law estate planning as a static process i.e. once done don’t need to do anything more. However,estate planning is rarely a one-time event. Besides accounting for legal changes, the plan must be modified to account for life changes — birth, death, divorce, finances and health. Even the best of plans may be obsolete by the time they are needed, sometimes many years later. At a minimum, an estate plan should be reviewed every three years to see if any life or law changes affect it. Over time, clients may want to change their…
1. 70% of Americans who live to age 65 will need long-term care at some time in their lives! 2. It costs approximately $142,000 a year for a nursing home bed at some facilities! 3. 50% of all couples and 70% of single persons become impoverished within one year after entering a nursing home. 4. Medicare does not pay you or your family for long-term care. 5. By using proper Medicaid Asset Protection strategies, Medicaid is available to pay the nursing home costs, without forced impoverishment.
The considerations are much different for an older couple with adult children and retirement plans than for a young couple just starting out. Before deciding whether to get married or just live together, you need to look at your estate plan, your Social Security benefits, and your potential long-term care needs, among other things. Whatever you decide to do, you may want to consult a lawyer to make sure your wishes will be carried out. Here are some things to think about: Estate Planning. Getting married can have a big effect on your estate plan. Even if you don't include…
Medicaid transfer rules are something the average family should be concerned with! The facts are, as we live longer, more than half will spend time in a nursing facility. As a general rule, when assets are transferred to others for less than fair market value, this transfer will result in a period of Medicaid ineligibility. Here are four instances where transferring the family home or principle residence for less than fair market value may be permissible and not result in Medicaid ineligibility or penalty. First, the principle residence can be transferred to the spouse who is not in…
If you are providing care for your aging parent, and they are paying for your services, beware of the consequences. Medicaid, my treat the transfer of funds, from your parent to you, as a gift. Therefore, if your parents apply for Medicaid, to pay for the nursing home, they may be denied due to gifting. To prevent Medicaid from treating payments to family members as a gift, there must be a written, contract between the parties. This “care contract” must be in place before the work is performed and must specify the services and amount to be paid. The…
Frederick, MD 
301-663-9230
