Medicaid Planning
Here’s a great question that we received just the other day: My mom lives in an assisted living community and my dad lives in a nursing home. If my dad goes on Medicaid, will she be allowed to keep any of his income? Yes, Medicaid has a Monthly Maintenance Needs Allowance (MMNA) that allows the…
Most of our married clients come to our office with existing estate planning documents. They have Wills, Trusts, Durable Powers of Attorney and Advance Directives for Health Care that name the spouse as a beneficiary or responsible party. When a couple is dealing with the unfortunate situation of having one spouse in the nursing home…
A nursing home resident can own a home and still qualify for Medicaid. The home, however, can be subject to Medicaid estate recovery after the resident dies. When Medicaid helps pay for nursing home care, the state must attempt to recoup from the beneficiary’s estate whatever amount was paid on the resident’s behalf; this is…
Here’s a great question that we received just the other day: My wife has moved into a nursing home. In addition to our home, we own two rental properties. Our income is good, but it is not enough to pay for the nursing home. We are receiving mixed information about whether or not she can…
Every once in awhile we are asked about using divorce as a Medicaid planning tool. The reasoning goes that if the well spouse has over $120,900, that spouse may want to avoid spending those assets on nursing home care as well as the Medicaid Estate Recovery. A “Medicaid Divorce” could do just that. So should…
Many have heard of the Medicaid Look Back, but few fully understand this aspect of Medicaid. When someone applies for Medicaid, they are asked about any gifts or transfers of assets for the 5 years (or 6o months) prior to applying for Medicaid. This is the government’s way of deterring people from purposefully impoverishing themselves…
The Aid and Attendance Benefit offered to wartime veterans is often used to pay for assisted living care or home care (https://hurleyeclaw.com/practice-areas/veterans-aid-attendance/). What if a couple is living in an assisted living community and receiving the VA Aid and Attendance Benefits when nursing home care is needed for the wartime veteran? In a situation like…
This whole month we have been exploring Nursing Home Medicaid eligibility questions for Married Couples. The Medicaid rules are confusing, and this is especially true for married couples. In recent blogs and newsletters, we have addressed income issues for married couples when one spouse is seeking Nursing Home Medicaid. Adding to the complexity, let’s consider…
We have mentioned that many nursing home residents pay their whole income, minus $50, to the nursing home leaving Medicaid to pay the remainder of the nursing home bill. In addition to the $50 personal needs allowance, Georgia allows its nursing home residents who are receiving Medicaid benefits to also pay certain bills out of…
We are continuing our series of newsletters and blogs on Nursing Home Medicaid for Married Couples. The eligibility rules for Medicaid can be confusing, and this is especially true if the person seeking Medicaid has a spouse. In today’s blog, we want to address how the QIT (the Qualified Income Trust, or Miller Trust) is…
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