Consumer Guide to Medicaid Planning

7/31/2019 Consumer Guide to Medicaid Planning

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R E V I S

E D

U p d a

t e d t o

R e f e

R e c e n t C

h a n g e

i n t h e L a w

Richard J. HabigerHabiger & Associates Elder Law Ofce

How to Save Your Home, Protect YourAssets & Finance Your Care Without Going Broke


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the gUide to Medicaid PlaNNiNg: how to saVeYoUR hoMe, PRotect YoUR assets, & fiNaNceYoUR caRe withoUt goiNg bRoKe

c pyr 2000-2008, R r J. h r, h r & Associates Elder Law Of ce.

a r r rv , n u n r r pr u n r n p r n ny rm.

N n n n n u n r rendering of legal advice for speci c cases. In all cases, the

r r u n rv mp n prw v n ur pr v u u n ur

n rm n n u . h v r, n pr un n n y n r u j r n n rpr

e u n r n , n p r u r have a signi cant bearing on how it should be approached.

t n rm n n u r u mp x n n ur n n r pr n p n r

t pr n p n r r m n r purpu r n n y. t y r n n n r p

mp n rn y u n xp r n nbene ts law.

t u n n rm n n n r n v pu rv n n n r un n rm n purp n y.

(R v. 2008)


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Introduction Placing my mother in a nursing home was the hardest thing Iveever done. I cried all night.

t n m v m y m m r r v n n nuhome is one of the most dif cult decisions you can make.

P r p m v n m u m y m mn n n r r r m r r . or p r p p r n

a progressive disease, like Alzheimers or ALS (Lou GehrigsDisease) or Parkinsons. Maybe they have had a stroke or suffer

r m r r r y n n n r r r m v .

N m r r n, m r r n n nv v r m y un r r r .

At times like these, we believe it is important that you pause, take p r , n un r n r r n y u n

Good information is available, and you can make the right choicesr y u n y ur v n .

t XiX s s ur y a (42 Un sTitle 19) provides medical and nursing home bene ts for those

qu y. t gu n p pr v y un rm n n n r m qu n

n un r. t r qu n my e r l rn y , r r v , n r

r n r n y .

our n v un u v u r ur , n you will nd it useful also.

This guide is brought to you as a service of:

Habiger & Associates Elder Law Of ceR r J. h r, J.d., a rn y l

200 N r em r l n , su 1-b,c r n , i n 62901

618-549-4529 r 800-336-4529w : .h re rl . me-m : in @h re rl . m


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a m r n r v n n r n v r r . a 20 n ury, v r xp n yu 47 y r . Up n n r n 21 n ury, xp n y m u . a r u , m

n n r n n n ur v n r u .

One of the most dif cult transitions people face is the changer m n p n n v n n r n m v n rm r y, r nur n m . t r r m ny r

why this transition is so dif cult. One is the loss of a home...am r p r n v r m ny y r

m m r . an r n p n n . s n v pr v y nj y m , n

m v n n r r mm .

Most people who make the decision to move to a nursingm ur n m r r . s m v

hospitalized after a stroke. Some have fallen and broken a hip.Others have a progressive dementia, like Alzheimers disease,

n n n n r r r n r n m .

w v r r n, p u r r v p pr n n n nur n m ur n m r

immediate dilemma of how to nd the right nursing home. Thistask is no small one, and a huge sigh of relief can be heard

n r m un n v n m vthe nursing home. For many, the most dif cult task is just the

nn n :How to cope with nursing home bills that may total $3,000.00 to $5,000.00 per month?

How to Pay for Nursing Home Care

on n n rn p p m u num r p y r r . t r r y y u n p y nur n m :


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1. Long Term Care Insurance - i y u r r un n u v yp v r , m y n y

p y n nur n m . Un r un y, nr n ur n n y r m p pu r n up y r n m p p n nur n m n v v r .

2. Pay with Your Own Funds - t m m npeople are required to use at rst. Quite simply, it meanspaying for the cost of a nursing home out of your own pocket.Un r un y, nur n m v r n n

r un $3,000 $5,000 p r m n n r r $36,000to $60,000 per year v ry p p n r n

y n nur n m .

3. Medicare - t n n n ur n prpr m r y r p p 65 y r n r, r n ydisabled people, and people with kidney failure. Medicarepr v r rm n nur n m

n r y r n m r n 20 y ( n x nm x mum 100 y ) u n y y u m r mquali cation rules.

4. Title XIX Medicaid - t r n unstate administered medical bene t program which can pay for

nur n m r n n n mr m .

Since the rst two methods of private pay (i.e. using your ownun n n rm r n ur n ) r - xp n

ur u n n n r n M r n tM .

What About Medicare?

t r r n u n u Mcare nM caid .


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M r r y- un n ur n prpr m r y n r r n v u ( . ., 65). There are some limited nursing home bene ts that can

v un r M r . in n r , y u r nrthe traditional Medicare plan, and youve had a hospital stay of

r y , n n y u r m n nhome (often for rehabilitation or skilled nursing care), Medicare

m y p y for a while . (i y u r M r M n c rPlan bene ciary, a three day hospital stay may not be required qu y.)

i y u qu y, r n M rmay p y u the nursing home stay for the rst 20 days, and can continue

p y nur n m y r next 80 y , but with a deductible thats nearly $124.00 per day. 1

s m M r upp m n n ur n p p u , u y u n v upp

v r y u m y n p y u n $9,920.00. f r M r M n c r P n nrr n u r y 21 r u 100, n

r qu y n ru n nu m . s , n n r , r n M r r M r M

c r P n m y p y up 100 y r p nin r r qu y r 100 y v r , vnursing home resident must be receiving daily skilled care

n n r y mu n nu mpr v . i r nn mpr v , M r v r r n. (Once the Medicare and Managed Care bene ciary has notr v M r v r v r r 60 ndays, the bene ciary may again be eligible for the 100 days of

skilled nursing coverage for the next spell of illness.)While its never possible to predict at the outset how longM r v r r n, r m ur xp r n

r r 100 y m x mum. ev n M rv r 100 y p r , n? w pp n r

100 y v r v n u ?


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A ha poin , you are back o one of he o her al erna ives...longrm r n ur n , p y n y ur n

qualifying for Medicaid bene ts.

What is Medicaid?

Medicaid is a bene ts program authorized by Title 19 of the

Social Security Act. Like Social Security Retirement, Survivors,and Disability Bene ts (Title 2) and Medicare (Title 18), those m r r t 19 pr r m rlegally entitled

to the nancial bene ts of the program.

a s s ur y R r m n , surv v r n dBene ts and Medicare, bene ts under Title 19 of the Socials ur y a (M ) r pr m r y un y government, but unlike the other social security programs thet 19 pr r m m n r y . s tM ru v ry r m . t n rm

u n y i n t 19 M p

One primary bene t of Title 19 Medicaid is that, unlike Medicare( n y p y r skilled nursing ), M pr r

p y r n rm r n nur n m n y u quali ed. Medicare does not pay for treatment for all diseasesr n n . f r x mp , n rm y n nur n

may be caused by Alzheimers or Parkinsons disease, andv n u p n r v m r , r

n p r y M r . t y r custodial nursing y . M r n p y r unursing home stays. In that instance, youll either have to paypr v y ( . ., u n rm r n ur n r y ur n unor the resident will have to qualify for Medicaid bene ts.

Why Seek Advice for Medicaid?

a xp n n n rm r n nuthe challenge quickly becomes how to pay for these services.


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M ny p p nn r p y 3,000 - 5,000 p r m nr m r r nur n m , n n

for a while may nd their life savings wiped out in a matter of m n , r r n y r .

f r un y, M Pr r m r p. in ur m , M m n rm r n

pr r m m . bu y Medicaid bene ts requires that you pass certain tests on them un n m n y u v . t r

r M p nn n r mp . f r , y u n pn u r ur y y ur p u r r n y m y v m r r . s n , r x r m y mp n n u n . t r u

u p nn n n v , m ny p pspend more thanthey should and their family security is jeopardized.

I wish someone had told Mom about Medicaid sooner.

Exempt Assets and Countable Assets:What Must Be Spent?

To qualify for Medicaid bene ts, applicants must pass somefairly strict tests on the amount of assets they can keep. Tounderstand how Medicaid works, we rst need to review whatare known as exempt n non-exempt ( r un ) Exempt assets r M pr r m take into account (at least for the time being). While the laws

n r r n , n , n n rpr m ry x mp n i n :

The Home r m p r n rm ( qu y up$500,000). t m mu pr n p p r n . t nur n m r n m y r qu r

m n n r urn m v n n v r takes place. However, in many situations, a lien can bep n m . a , m n


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x mp n nur n m rn , m rr , r p u . (s ur r n rm n

w i l My h m ?) Household and Personal Belongings u urn ur

pp n , n , n n r n .

One Car or truck, but there is a limitation on value, and an v r - m p u . Burial Space , casket, vault, headstone, and other durable

ur ( u n rv ) r p u , nur n m r n .

Funeral Services r nur n m r n n p u

pr v pur pr n x $1,500 pp u .

Irrevocable prepaid funeral arrangement , r nur n

m r n n p u , u r r m n n nv .

Cash Value of Life Insurance p n v u p r n xi v u p x $1,500 n

r, n v u n p

a r rnot exempt n r un . b m n y, pr p r y, n ny m n v u n u

n countable asset un n

v x mp . t u , un n u Cash, savings, and checking accounts, credit union share

n r un . Certi cates of deposit. U.S. Savings Bonds. Individual Retirement Accounts (IRA), Keogh plans (401k,

403 ).


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Nursing home accoun s. Prepaid funeral contracts which can be canceled. Trusts (depending on the terms of the trust). Real estate (other than the residence). More than one car. Boats or recreational vehicles. Stocks, bonds, or mutual funds.

Land contracts or mortgages held on real estate sold. Land trusts.

While the Medicaid rules are complicated and tricky, a singleperson will qualify for Medicaid bene ts as long as they only

v x mp p u n m r n $2,000 r m nin the bank. Remember, however; exempt assets are exempt

n y mp r r y. (f r ur r n rm n w i lh m ?)

Some Common Questions

Ive added my kids names to my bank account. Does Medicaid un m n y n un ?

Y . t n r m un un un y u n pr v r m n y n r u y r p r n n m n un . t ru pp

:

Savings and checking accounts. Credit union share and draft accounts. Certi cates of deposit. U.S. Savings Bonds. Many people wonder, Cant I give my assets away? Theanswer is, maybe, but only if its done right. The law has

v r p n r p p mp y v y r r M y. f r

February 8, 2006, extends the look-back period from 3 years


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5 y r ( n n m x n p n y p raggregates all gifts (even small ones) made during the look-back period, and imposes other harsh new penalties for giftsm n r r f ru ry 8, 2006. (g m pr r

r r n r un r x pf ru ry 8, 2006.)

Un r n ru , r x mp , v ry $100 v n y ur nthe ve years prior to a Medicaid application creates a period n y n p r n y

n un p r n p n - n r than $2,000 and otherwise quali es for assistance. So, even

u f r g t x y u v y $12,000 p r y r u x n qu n , $12,000 could result in a signi cant period of Medicaid ineligibility.

Giving assets away or making gifts under the new rules maybe possible in some cases; however, it is critically important

y u v v n r rn y -n n .

t u m m p n v r u y r nur n m r , M n n r qu r .

r num r r n u prnancial security of an elder, their spouse, and other family

m m r .

Medicaid Planning for Married Couples

a pr v n M r c r p a 1988 pr v n spousal impoverishment . i pp n y upt n n n y r qfor Medicaid bene ts in situations where one spouse needsnur n m r r p u r m n ncommunity (i.e., at home). The law, in effect, recognizes thatit makes little sense to impoverish both spouses when only


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n n qu y r m n r nur nr .

a r u 1988 , up mu r un r r r v . t x mp

u r r r n un m utracked by Medicaid for estate recovery purposes. (For further

n rm n n e R v ry w i l My h mThe at-home or community spouse is allowed to keep the rst$101,640 of the couples countable assets (as of January 1,2007). 2 a r un mu p n n

n $2,000 r m n r nur n m p u . tm un un - m p u

to keep is called the Community Spouse Asset Allowance(csaa).

e m n y n m r m p u . in i n , c mmun y

M n n n N a n (csMNa). t p rm community spouse to keep $2,541 in monthly income (effectiveJ nu ry 1, 2007). 3 (t i n ru r u n

n csMNa r r n n ru n m r

i mmun y p u n v $2,541 n nthen he or she is allowed to take the income of the nursing

m p u n n m un r n u r nc mmun y sp u M n n n N a n ( . ., to at least $2,541). The nursing home spouses remaining

n m nur n m . t v n

( p u y) r - m p u p n v nm n , u r u n r u mp v r m n .

t u r , u um - m p u r vp r m n n s s ur y. l u um r pr v r r m n n s s ur y $1,850. b uc mmun y sp u M n n n N a n s n


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is 2,541, he a -home spouses income is 1,706 shor eachm n .

c mmun y sp u M n n nN a n s n r

$2,541.00

At-home Spouses income 835.00s r $1,706.00

in , mmun y p u r v $1,706shortfall amount) per month from the nursing home spousess s ur y n r r m n n m , n r nursing home spouses income will then go to pay for his care

n p r n n .on n, n m n r r n r p

rn v up n pur u m y the community spouse to keep all of the household income.c n r n u .

Case Study Number 1:Medicaid Planning for Married Couples

R p n a r r vsmall town their entire adult lives. Two weeks ago Ralph, whohas Alzheimers, wandered away from home. Hours later hewas found sitting on the side of the street, talking incoherently.He was taken to a hospital where he is being treated for

dehydration. Ralphs doctor tells Alice that she needs to placeR p n nur n m .

a n R p r up ur n d pr n n y r v m n m n . t r

n $120,000, n n u n r $80,000 u ( n m r n n un r n ), r


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s v n a un $35,000cd 65,000Money Market Account 17,000Checking Account 3,000t u $120,000

Ralph gets a Social Security check for $800 each month, while Alices check is only $600. Her eyes ll with tears as she

y : a $3,400 nur n m v ry m n , ur nlife savings will be gone in less than three years! Whatsm r , a r n p y r m

, u n r r nur n mentitled to all of Ralphs Social Security check.

There is good news for Alice. It is possible she will get to keepv ry n ... r n n m

have the Medicaid program pay Ralphs nursing home costs.While the process may take a little while, the end result will be

r .

To apply for Medicaid bene ts, Alice will have to submit anpp n r u i n d p r m n hum n s(IDHS) and be interviewed by a caseworker at the local Illinoisd p r m n h r n f m y s rv (idhfsR ur c n r. i r y r n M r, a n p n n n r y

.

bu r u n u y mu r n rspend-down, which everyone talks about. Thats becausei n p M ru n to keep extra assets in order to generate suf cient additionalmonthly income to bring Alices income up to the $2,541csMNa n r . t r r , pr p r y, Alice will be entitled to keep their entire savings, there will be no spend-


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down, and Medicaid will pay for Ralphs nursing home fromthe frst month he goes into the nursing home.

Please note this will not work in every case. Thats why it ismp r n v n e r l a rn y u y u r u

the system and the Medicaid process to nd the strategiesthat will be most bene cial in your situation. So Alice will have

to get advice from someone who knows how to navigate they m. bu pr p r v , a the spend-down and keep everything for which she and Ralphhave worked so hard.

t p u n n n mp - m p u n r n r n nur

home. But Medicaid laws, like tax laws, are complex. So, likem r m v n r x , p r m n

who has knowledge of the rules and how to apply them can beused to resolve Alices dilemma.

o ur , pr p r M p nn n r r n r v n n r um n u n

.

f r x mp , m r n n v r n n p n n -- r m n p n n n r p r n . w n n n

?

Case Study Number 2:A Trust for a Disabled Child

Margaret and Sam have always taken care of their daughter,Elizabeth. She is 45, has never worked, and has never left

m . s v pm n y n r v(supp m n s ur y in m ). t y v y rrabout who would take care of her after they die. Some years

, s m n m n . h deteriorated to the point that Margaret can no longer take care


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m. N p s m n nur n m n p y n $4,000 p r m n u v n . M r r m r rr r n ny m n y r of Elizabeth.

Margaret is satis ed with the nursing home Sam is in. They v s m u v

eligible for Medicaid bene ts. Medicaid would pay his bill.h v r, r n n rm n r v rsocial worker, Sam is $48,000 away from Medicaid eligibility.M r r r y v $48,000 Elizabeth after she and Sam are gone.

t n : t r !

M r r n n u n e r l rn y u nxp r n n m r up special needs trust

and put the $48,000 in the trust to provide for Elizabeth. Assoon as she does, Sam will be eligible for Medicaid bene ts.Elizabeth wont lose her bene ts, and her nancial security is

ur .

I was so relieved to learn that I will not need tospend all of what my husband and I have worked so hard to save in order to protect our daughter.

o ur , ru mu r v r mp n M ru . a , ur r p r n v r , u y n r

of bene ts. Still, some people question making gifts before

n r n nur n m .

I Heard I Can Give Away $12,000 Per Year. Can I?

a u r r, m ny p p v r Federal Gift Tax m v y $12,000 p r ywithout paying any gift taxes. What they do not know is that


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r r Gif Tax exemp ion . i n n u rr M n rn . h v n r x mp

they wonder, Cant I give my assets away and still qualify for nursing home bene ts? The answer is maybe, but only if its

n n r n t 19 M

s , v n u , f r g t x y u

y up $12,000 p r y r u n urr n x, could result in a signi cant period of ineligibility for nursinghome bene ts. Still, some parents want to make gifts to their

r n r r v n r n . c nn u y.

Case Study Number 3:Financial Gifts to Children

After her 73-year-old husband, Harold, suffered a paralyzingstroke, Mildred and her daughter, Joan, need advice. Darkcircles have formed under Mildreds eyes, and her hair is

v . J n r n .

t r y h r n n - rm r n nur

home, Mildred said. I have some money in savings, but itsnot enough. I dont want to lose my house and all our hard-earned money. I dont know what to do.

Joan has heard about Medicaid bene ts for nursing homes,u n n r m r u n r r

to qualify for them. Joan wants to ensure that her fathersmedical needs are met, but she also wants to preserve Mildreds

.

Cant Mom just give her money to me as a gift? she asks.Cant she give away $12,000 a year? I could keep the moneyfor her so she doesnt lose it when Dad applies for Medicaidbene ts.


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J n n u n r , , n x u asset transfers n Medicaid eligibility . a

n u y r n r, n program has very speci c rules about transfers.

At the time Harold applies for Medicaid bene ts, for gifts madeprior to February 8, 2006, the authorities will look back 3

y r ny v n m . g mFebruary 8, 2006, will be subject to a 5 year look-back. They n n pp n ju v y r m n y

property to qualify for Medicaid bene ts. Any gifts or transfersr less than fair market value , r un v r n

look-back period, will cause a delay in Harolds eligibility for Medicaid bene ts.

In addition to the changes in the look-back period from 3 to 5y r , n n mu r n r u npenalty period willnot begin until the Medicaid applicant is in the nursinghome and has already spent down his assets to $2,000 .t ru r n p n m p p .

w n h r n M r ? t y n n u pv p r n r , n qu y

bene ts. But they have to set the plan up just right; the rulesare very nit-picky. They should consult a knowledgeable

v r u n xp r n M m y n .

Will I Lose My Home?

Many people who apply for Medicaid bene ts to pay for nursinghome costs ask this question. For many, the home constitutesmu r m r v n . o n

p n r r n.

Un r M r u n , m r mp r n rm n un ( n qu y


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han 500,000). This means i s value is no aken in o accounwhen calculating eligibility for Medicaid bene ts. But in 1993,c n r p -

u n m p u r r y p rnur n m . t r qu r ry r vvalue of Medicaid bene ts given to nursing home residents.

Estate recovery does not take place until the recipient of theMedicaid bene ts dies (or until both spouses are deceased in m rr up ).

a r r p n ( n , m rr , r p u ) law requires that states attempt to recover the bene ts paidfrom the recipients probate estate and in some cases therecipients non-probate estate. In Illinois, the state also attemptsto recover from the probate estate of the recipients spouse even though the spouse never received Medicaid bene ts her/

m . in r r pr r r v r, i n n n pr p r y n r p n m

or interest. The net result is the state can le a lien on them n r pr p r y M r p n n

le a claim against the recipients estate and the estate of therecipients spouse when they die. In some cases, the statem y v n r r r r n

r n r r r p r .

About two-thirds of the nations nursing home residents haver p n p r y M . o v u y,

R v ry m ny m . t m ru n e R v ry m M

r p n . a nur n m r n n n m n rMedicaid bene ts without having to sell the home. But Medicaidn p n n m . w n M r

, p n r n r home is part of the estate (as de ned by the Medicaid rules),

r m ur n pr n r r r m r p ym n r m .


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a r n y, n n n y m up which will accomplish the clients immediate goals of preservingassets and qualifying for Medicaid bene ts, but also one which

v r p l n n e R v ry.

s n M ru r n n y n n , yneed assistance from someone knowledgeable about these

ru n M u r qu n y.Case Study Number 4: The $140,000 Mistake

t mp x y M ru n r qu n r r p r xp n v m p .4 P p r n r

means can be nancially ruined by a misunderstanding of theM y ru . sp u r p y vu

in pr r u v u n p nn n p n un r M ru . t r r m

r p n m y v un r r accomplish speci c goals. The other case studies do not give a

mp p ur . gr r mu x r n mpand submitting the application for Medicaid bene ts. A misstep

u v ry y.h r , 79, n nur n m . h P nto know how much she would need to spend before she couldapply for Harolds Medicaid bene ts. So she spoke withsomeone who seemed to know what they were talking about.

The someone Pat talked to, an advisor, may have beena lawyer, accountant, tax advisor, insurance agent, nancialplanner, funeral home director, social worker, minister, or just

r n n r u pr u mppr n p. R r , pp r n pknew only enough to be dangerous. The person obviously didnot know more than the basics.


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The advisor had reviewed a lis of Harold and Pa s asse s, $203,780, n n u n :

Home - value $135,000 exempt asset,n un m $0.00

Cabin in Kentucky,n j n y n r up 68,000

Rental property(r n r $300.00 p r m n ) 35,000 CDS and savings. The accounts are

j n y n y h r , P nu r P m ( y r) 63,500

1995 Ford, value $3,500 exempt asset,n un m 0.00

Loan to son, evidenced by promissory

note, made ve years ago, the wholeamount is still owing; no demand for p ym n n m 5,000

2000 Conqueror 28 foot motor home 32,280t a

$203,780

t v r P n n un r mr, m , u m r u

sold and spent on Harolds nursing home costs. The advisorxp n M n y n m .

n n r n pr p r y u v . am r m u v n M one car. Pat was told she could keep the 1995 Ford. Finally,P u v $5,000 rson; the advisor said he would have to be sued in court if he

n p y. t n, r P nv r n to cash, she could keep $101,640. 2 t r , $102,140, uhave to be spent on Harolds nursing home costs.

Did the advisor make a mistake by counting assets worth$140,280? Was it a mistake to count the cabin in Kentucky, ther n pr p r y, n n, n 2000 c nqu r


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Yes, he advisor did make a mis ake by coun ing all of hoseassets. The advisor should have considered little knownMedicaid rules which can be used to help Pat keep all of these

.

t v r P , 65, r $10 p n - n, u v p y nur n

all of Harolds $1,300 monthly income except for $30. Thiswas devastating news because Pats monthly social securityn m n y $600. f v

v p n - n m r n v ry n Harold had worked to save, and being told that she would have

m n y p n - n n m p n n upP p r .

by n u n n e r l rn y x nxp r n n n M , P m y n

p n n r $102,140 r ny p r $2,200 combined monthly income. If all of the facts t the requirements

M ru ,she may not need to spend anything at all -- AND she not only will be able to keep all of her income, but she also will be able to keep all of Harolds available income

AND all of the rental income.

With competent, knowledgeable, and experienced professionalhelp, Harold and Pat can avail themselves of Medicaid bene ts

n n m n r r m y t 19s s ur y a .

Legal Assistance

a n p r n n r m y m m r m ny un u . a y u n r m ur u n M

program, the legal, nancial, and care planning issues facing pr p v nur n m r n n m y

p r u r y mp x. i y u r m y m m r n num r , r y u n xp r p.


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can you urn for ha help? I is dif cul for he consumer of legalrv n y y r v

n xp r n r qu r pr v xp r u n ur nmost dif cult time.

g n r y, nur n m p nn n n M p nn np rv pr v y m , u n , e

rn y . c n um r mu u u n n by carefully investigating the lawyers credentials.

How do you nd a law of ce that has the knowledge and experiencey u n ? Y u m y n r r mm n n

r n v r v pr n p nur nissues. Who did they use? Were they satis ed with the servicesthey received? Hospital social workers, Alzheimers and other support groups, accountants, and nancial professionals can

ur r mm n n .

t v u r pr p r y, y u n y r v u n p r r r pr

planning. Dont hesitate to ask the lawyer what percentage of r pr nv v r r p nn n , r y u m y

ask how many new elder care planning cases the law of cen m n . t r n rr n r, u r

a good chance that a law of ce that assists with two nursingm p m n week is likely to be more up-to-date and

knowledgeable than an of ce that helps with two placements y r.

Ask whether the lawyer is a member of any Elder Law planning

organizations. Is the lawyer involved with committees or bar organizations that are involved with nursing home planning? If , y r p n u r y n m

d y r ur n nur n m p nn n ? ito whom? (For example, if the lawyer is asked to teach

r y r u e r l n nur n m p nn n v ry n y r n r

knowledgeable by people who should know.)


24/2822

The leading na ional organiza ion of Elder Law a orneys is heN n a my e r l a rn y (Naela), 1604 N rCountry Club Road, Tucson, Arizona 85716 520-881-4005 .n . r . w m r m m r p n a m

n ur n rn y n xp r n epractitioner or is up-to-date and knowledgeable about nursing

m p nn n , m m r p

has some interest in the eld. In addition, the Academy runsr - y u n n r m y r y r y urr n n p r

nursing home planning. Attending these sessions takes timen mm m n n p r y r n

y r y up n nur n m umay want to look for an attorney who is a member of NAELA

n r n y n v r un r n . t m r n rn y n

y r y n r n , r r y ur ur n rnbe knowledgeable about the latest techniques and strategies

r n v r n n M ru .

There are several other organizations which may be helpfulin making a decision. The attorney members of the newly

rm l c r P nn n l f rm a n (lcPlfa),6341 East Brian Kent Drive, Tucson, Arizona 85710 520-546-1005, . p . r use nurses and social workers,

rn y , pr v r mu -u n r r n r n rn . t sp N

Alliance (SNA) is a national network of lawyers dedicated toDisability and Public Bene ts Law and can be found on the

http://specialneedsalliance.com .

in n , y ur n n n n rnknows this area of the law, who is committed to helping others,

n n y u n un qu n n ny u n y ur m y.


25/2823

Conclusion

t r r num r r n u qufor Medicaid bene ts and still preserve some or all lifetime

v n . t p u n m y n pr .

t r r . t y r m r . t y r

p r n m r r pr r m legally entitled under Title 19 of the Social Security Act to the bene ts of thepr r m. a n ur n ,

My husband worked hard all of his life. Healways played by the rules, paid the bills, and did without so we could put a little aside when we could.He has paid his dues!

Y u v r p n y u u y u n . h v r, M ru r m

and the strategies for dealing with those rules are dif cult mp m n . M p nn n r qu r r

knowledge of the current rules and practices of the system.Work with a knowledgeable and experienced Elder Law

Attorney one who knows the rules and has had substantialxp r n n M y m n

you accurately in order to maximize the bene ts to which your y ur v n n , n n n M

application-documentation-veri cation process as well.

1 t M r u n r J nu ry 1 y r.2 t M ru v rn m un home spouse is allowed to keep change at least once each year.3 Similarly, the Medicaid rule which speci es the amount of incomethe at-home spouse may keep can change several times each year.4 Talk with a knowledgeable advisor who keeps up on the latest

n n M ru . c n n ru ur rr u u y r.


26/28

NOTES:


27/28

NOTES:


28/28

br u y u pu rv :

Habiger & Associates Elder Law Of ceR r J. h r, J.d. a rn y l

200 N r em r l n , su 1-bc r n , i n 62901

618-549-4529 r r n il: 800-336-4529w : .h re rl . m

e-m : in @h re rl . mDedicated to Helping Your Loved One Getthe Care and Bene ts They Deserve While

Legally Protecting Your Familys Assets

Consumer Guide to Medicaid Planning

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Transcript of Consumer Guide to Medicaid Planning