Join our newsletter.

How Can an Attorney Assist with Medicaid Planning?

Fear: It’s a subject that most of us prefer not to dwell upon as we grow into our senior years—the time of life when our bodies, and occasionally even our minds, begin to betray us. But it’s worth remembering that fear is a perfectly natural emotion. It exists to alert us to possible dangers, and to help keep us safe. And yes, there seems to be more than enough unwelcome scenarios to fear as we enter the latter years of our lives.

 

Could You Afford a Nursing Home Stay?

For some of us, one of those unwelcome scenarios may involve a unexpected illness or injury that leads to a hospital stay, and then an indefinite transfer to a nursing home. Without a doubt, the sudden change to nearly every aspect of your life is reason enough to be wary of the nursing home scenario. But there’s also the issue of cost.

Depending on a facility’s location and the quality of its care, the annual fee can range anywhere from $40,000 to $180,000. There are very few of us for whom a price tag of that size is even an option.

Can Medicaid Benefits Really Help?

Thankfully, a potential does exist in the form of Medicaid benefits. But applying for those benefits and successfully receiving them, especially after the incident that landed you in a nursing home has already occurred, is complicated and difficult.

There are solutions, however, that an estate lawyer can help provide. This is a bit of an over-simplification, but the main problem with Medicaid benefits is that if you have too much money or other assets, you won’t qualify. That’s why most people end up paying out of pocket for nursing home care until their savings run out … at which point they often will qualify for Medicaid benefits. They’ll also be almost entirely broke.

An Estate Lawyer Can Help You Find Legal Loopholes

There are several Medicaid rules and laws in existence that will allow you to receive the benefits you need without giving up everything you own.

For example, there are certain assets that can be claimed as exempt on your Medicaid application, which essentially means that they won’t be counted as an asset. There are also laws that will allow you to transfer some assets to family members—real estate, for instance—without suffering a penalty.

Perhaps not surprisingly, though, the process of calculating, say, resource allowances and monthly maintenance needs allowances is nothing if not hugely complicated. A highly qualified Bucks County estate lawyer, however, can help you answer these questions.

He or she can also help you decide if adding an annuity to your portfolio, might allow you to qualify for Medicaid benefits sooner. An estate planning attorney can parse your financial situation and your medical needs, or the medical needs of a loved one, and can explain all your realistic options in easy-to-understand language.

Even If You Failed to Plan for Medicaid, an Estate Lawyer Can Still Help

There’s no need to feel guilty if you failed to plan financially for the near-inevitability of one day needing to take advantage of the benefits our government makes available through Medicaid. Even if the incident that sent a loved one to a nursing home has just recently happened, a properly qualified estate lawyer can still help you devise a plan that will get you the benefits you need while protecting your estate at the same time.

The attorneys of Penglase & Benson are adept in dealing with a variety of estate planning issues, including Medicaid planning. Determining how Medicaid can help pay for your long-term care can be complicated, to say the least. But with careful planning, a great deal of your estate can be saved and eventually transferred to your loved ones.

Although it sounds a bit ironic, you might say that receiving the Medicaid benefits you paid into all your working life and not having to go broke in the process is the best of both worlds. So please consider contacting us today to request an appointment. It may be the most valuable call you ever make.

Related News & Articles

Earlier this year, Pennsylvania passed Act 39, the state’s new wine sale law, which allows alcohol to be sold in more places than in the past. Governor Tom Wolf called it...

The advent of smartphones and social media have made it easier than ever share our lives with the rest of the world. “Here’s what I’m doing tonight.” “Look at this amazing...

Created more than 3,000 years ago, The Code of Hammurabi was one of humanity’s earliest sets of written laws. Among the things in the code was a provision that said that...

During the last week of June, the news was dominated by U.S. Supreme Court rulings on marriage equality, fair housing and health care. But another decision handed down at the state...

In the United States, credit card use is a common occurrence. The problem? When you find yourself looking at a balance due that is far larger than you can pay off...

Spend time traveling between Pennsylvania and New Jersey, you’ll start to notice little differences, on everything from gas pumps to state government. Another key difference: DUI laws. Although both states take...

In the last couple of years people have been trying to save money by reducing the amount of insurance they carry. Combined with the fact that many people have little money...

Do you have a landfill lurching over your backyard? Is your next-door neighbor a nightclub? If not, you can thank your local zoning laws.   What is zoning? What is zoning?...

Most lawyers have a policy of withholding money from the settlement, court award or verdict to pay those doctors and medical facilities that are willing to wait to be paid when...