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

As you exit the courthouse, you feel drained but relieved. The judge ordered your child’s other parent to pay you a weekly child support amount calculated according to your state guidelines....

The Unthinkable has Happened After meeting your soul mate, joining together in the union of marriage, and then further cementing that union with the birth of a child, you’ve both decided...

There’s a reason so many of us fail to write a living will while we’re still alive. Considering our own death can be a terrifying thing. But if you’re reading this...

One of the most often asked questions in a Chapter 7 bankruptcy is “what will happen to my property?” The answer depends on whether the property is “secured” or “unsecured.” Unsecured...

WHY BUDGET? You may have yawned (or cringed) when you read the title of this article, but please keep reading. This information is important for anyone who has ever worried about...

Now is the time of year that everyone is falling. We must get at least one to two calls a week. Everyone has the same question: “I fell and hurt my...

Moving across the country is a significant life event that brings new opportunities and challenges. One critical aspect often overlooked during this transition is the need for estate planning adjustments after...

In almost all personal injury cases, your attorney will be paid by keeping a percentage or portion of the final settlement, court award or verdict resulting from your injury. The percentage...

You drive this road every day. You know every turn, every stoplight, every sign. Every day, it’s pretty much the same drive. Then one day, it’s a different drive. You have...

“I don’t need a Will right now. I’ll get to it when I’m older.” Is this something that has gone through your mind? If so you are not alone. The majority...