Category Archives: Elder Law
Understanding Medicaid’s Long-Term Care Spousal Impoverishment Rules
The prospect of long-term care often brings with it many financial concerns. As we experience our declining health or that of an aging family member, we begin to realize that long-term care needs at home or in a facility could be necessary. When looking into local senior home care services and skilled nursing facilities,… Read More »
What You Should Know About Long-Term Care
Research shows that roughly one in seven adults aged 65 or older will need long-term care at some point in their later years. Meanwhile, tens of millions of Baby Boomers in the United States are growing older and living longer. It seems inevitable, then, that the future of long-term care will be undergoing significant changes. The… Read More »
Could Medicaid Payback Rules Come to an End?
Amid recent reports from such prominent news outlets as The New York Times and Associated Press about the negative impact of Medicaid estate recovery on families, the idea of ending this practice altogether has resurfaced. What Is Medicaid? Medicaid is a public assistance program that seeks to provide health insurance coverage for Americans with limited means. To be… Read More »
2024 Standard Protections for Spouses of Medicaid Applicants
Each fall, the Centers for Medicare & Medicaid Services (CMS) renews the federal guidelines that seek to protect individuals whose spouses are applying for or receiving Medicaid long-term care benefits. These protections, known as the Spousal Impoverishment Standards, help to support the financial well-being of seniors who continue residing at home while their spouse on… Read More »
Protecting Your House After You Move into a Nursing Home
When people start thinking about aging and the looming potential for needing long-term nursing care that comes along with it, one of the primary questions people have is: can a nursing home take your house? While you generally do not have to sell your home in order to qualify for Medicaid for nursing home… Read More »
Can a Nursing Home Hold Friends or Family Members Responsible for a Resident’s Care?
If your loved one is entering a nursing facility, you may worry whether you could be liable for their care as the nursing home responsible party. Under federal law, a facility cannot require a family member or friend to co-sign an admission agreement and take on personal liability. However, nursing homes around the country… Read More »
Strategic Medicaid Planning with an Elder Law Attorney
The United States Medicaid program provides health insurance to low-income individuals and families. However, because of the steep costs associated with long-term care, strategic Medicaid planning is a growing trend for individuals with higher net worth as an alternative to spending down assets to qualify for benefits. Individuals can plan to meet eligibility requirements… Read More »
Medicaid-Compliant Annuity (MCA) for Married Couples
An annuity is a financial product that pays a fixed amount of money every year, generally for the rest of the annuity owner’s life. Most annuities are deferred, meaning the payout doesn’t occur until a later date. However, you can receive immediate payouts if you purchase a Medicaid-Compliant Annuity (MCA). When you buy a… Read More »
Claiming the Guardianship of an Elderly Parent
Often an aging parent will lose their ability to think clearly to make informed and meaningful decisions regarding their life. This growing inability may occur due to Alzheimer’s disease, other forms of dementia, mental illness, stroke, brain injury, or other severe health or disability conditions. In the absence of your parent preparing for their… Read More »
Qualifying for Medicaid: A Five Year Look-Back Without Penalties
Nearly everyone will need long-term care at some point in their lives, so planning is vital. While we cannot predict the timing or level of care, we can take steps to prepare for an unexpected medical and financial crisis to help reduce the stress on ourselves and our family members. The cost of care… Read More »
