Co-authored by Joanna C. Feldman This is a question we’re continually asked, so we’re glad we have another opportunity to clear things up. The main thing to remember is this: IRS rules are different from Medicaid rules. Under current IRS rules, you may gift up to $15,000.00 to as many people as you’d like in…

While an annuity might serve you well from a financial planning perspective, financial planners and clients must be aware of the treatment of annuities for Medicaid purposes. For Medicaid eligibility purposes, the cash value of an annuity is considered an available resource. This means that an annuity is treated like cash and if you need…

Co-authored by Joanna C. Feldman The truth is that very often, “elder law” attorney is a misnomer as it pertains to many of our clients.  For example, nearly everyone should have a comprehensive Power of Attorney. Some of our youngest clients have just become adults who come to us for a Power of Attorney before…

We have all heard the saying “life is full of regrets”.  I have compiled a list of the most common regrets that I often hear from clients, but more often, their family members, during my practicing as an elder law and special needs planning attorney.  If you have neglected any of these topics, my hope…

Coauthored by Joanna C. Feldman We’re so glad you asked this question, which shows pervasive misinformation that causes unnecessary struggle.  Based on the facts presented, it sounds like your aunt could qualify for Medicaid, which would help pay for aides at home.  This is known as community Medicaid. To be eligible for Medicaid, one cannot have…

For many families, a good portion of their wealth exists through the equity in their home.  The home may also be the most sentimental asset as it carries many memories and emotional ties.  We often counsel clients on different planning techniques to protect the home where Medicaid is contemplated to pay for nursing home or…

A 529 plan is a very common planning technique used by grandparents to fund a grandchild’s college education.  Simply stated, contributions to a 529 plan grow tax-free over the life of the plan and if used for qualified tuition costs, the distributions from the plan are also tax-free. Notwithstanding the beneficial tax treatment of a…

Contrary to popular belief, it is never too late.  An elder law attorney can work to implement many different techniques even at the 11th hour to preserve assets.  What is important is that you have a relationship with an elder law attorney.  An elder law attorney can relieve some of the anxiety natural to this time…

  In a perfect world, everyone would craft an estate and elder care plan well in advance of having to implement it˗ but the world isn’t perfect!   I have had the opportunity to work on a fair amount of cases where clients, who had no estate or elder can plan, fell ill or became…

Annuities are very complicated and often sold to individuals without considering their interplay with Medicaid eligibility.  While there are various forms of annuity contracts, an annuity is either qualified or non-qualified. A qualified annuity is like an individual retirement account in that Medicaid will not take the principal balance of the annuity so long as…

You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the best way to protect it.

Generally, in determining the Medicaid eligibility of a person receiving nursing facility services, any gifting of assets made by the applicant within the “look back period” will render the person ineligible for Medicaid for a period of time equal to the value of the gift divided by the regional rate.  Under current law, the look…

Your spouse might be able to access your bank accounts but he will be very limited in doing much else. A properly drafted power of attorney and statutory gifts rider is an absolute necessity. When an elder law attorney prepares a power of attorney and statutory gifts rider, powers are included that are not readily…

I just applied for Medicaid for my mom and dad to receive home care. I don't think either of them will move into a nursing home because they have friends and family nearby. My mom is confined to a wheelchair and needs daily assistance with eating and bathing. My dad will be starting dialysis soon. My question is, will Medicaid attach itself to my parents' home if they are receiving home aid? Currently the deed is only in my dad’s name.

The median cost of a private nursing home room in the United States has increased to $97,455 a year, up 5.5 percent from 2016, according to Genworth's 2017 Cost of Care survey.

An attorney can help you save money in the long run as well as make sure you are getting the best care for your loved one.

Often confused, the look-back period and the penalty period are two distinct concepts in Medicaid planning.  It is important to understand the applicability of each. The look-back period is the five-year retroactive period beginning on the date you enter a nursing facility.  Thus, if you enter a nursing home on November 1, 2017, the look-back…

Unfortunately, we cannot control if and when we may fall ill but we can be proactive to protect our financial assets by planning early.  The risk of requiring a nursing home within five years of creating a Medicaid Trust is generally a risk associated with waiting too long to meet with and elder law attorney….

It is worth noting at the outset that there are many types of irrevocable trusts.  I think it is safe to assume that when you reference an irrevocable trust, you are speaking of the trust that we regularly use to protect your assets if you need to apply for Medicaid in the future.  For our…

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