Long-Term Care Facilities

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Nursing Home Medicaid for Married Couples – Getting Help with Medicaid Applications

By Hurley Elder Care Law | June 28, 2017

Applying for Nursing Home Medicaid can be confusing and stressful. We are committed to helping our clients get the care they need and securing the benefits they deserve while also reducing/minimizing the burden as much as possible. We complete the initial application, submit the complete and accurate application as soon as possible, and handle all…

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Nursing Home Medicaid for Married Couples – Asking for an Increase in Spousal Diversion

By Hurley Elder Care Law | June 21, 2017

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…

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Nursing Home Medicaid for Married Couples – Estate Planning

By Hurley Elder Care Law | June 14, 2017

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…

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Nursing Home Medicaid for Married Couples – Protecting the House from Medicaid Recovery

By Hurley Elder Care Law | June 7, 2017

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…

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Nursing Home Medicaid for Married Couples – Rental Properties

By Hurley Elder Care Law | May 31, 2017

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…

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Frightening Superbug Data

By Hurley Elder Care Law | May 25, 2017

A superbug is defined as a pathogenic microorganism, especially a bacterium, that has developed resistance to the medications normally used against it. Hospitals and nursing homes are able to keep lethal superbug outbreaks a secret, due to vague rules that give healthcare providers great leeway in deciding when or whether to report unusual clusters of…

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Nursing Home Medicaid for Married Couples –Should I divorce my spouse?

By Hurley Elder Care Law | May 24, 2017

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…

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Nursing Home Medicaid–What About IRAs?

By Hurley Elder Care Law | May 17, 2017

For many individuals, retirement savings are their largest asset. And when facing nursing home care, the rules about Medicaid and IRAs can be very confusing. So, how do IRAs (and pensions, 401(k)s, 403(b)s, etc.) affect Medicaid eligibility? Will a large IRA disqualify a nursing home resident for Medicaid? For those who are receiving payments from…

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Nursing Home Medicaid for Married Couples –The Medicaid Look Back Does Not Apply to transfers to Spouses

By Hurley Elder Care Law | May 10, 2017

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…

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Nursing Home Medicaid for Married Couples—What if we already get VA Benefits?

By Hurley Elder Care Law | May 3, 2017

The Aid and Attendance Benefit offered to wartime veterans is often used to pay for assisted living care or home care (https://hurleylaw.wpengine.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…

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