Medicaid Planning

The purpose of our Medicaid planning practice is to help clients with loved ones in need of long-term care preserve the maximum amount of assets they have accumulated during their lifetime. We help individuals in need of placement in a skilled nursing facility qualify for Medicaid, thus avoiding (1) a spend-down of life savings in the face of the astronomical costs of long term care and, in turn, (2) the impoverishment of the healthy spouse.

The already high and ever-rising cost of nursing home care can be crushing and make practically anyone faced with this difficulty feel ill-equipped to adequately shoulder this burden. But there are solutions available. With our help you can confidently move forward to get your loved one the care they need while preserving assets.

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Finding Effective Ways to Maintain Your Assets

We help families navigate the thorny and complicated process of qualifying for Medicaid while simultaneously avoiding a nursing home spend down. Our attorneys routinely provide clients with effective and innovative options for the overall preservation of assets based on the individual's or family's unique situation.

  • Navigate the five year look-back period
  • Protect substantial assets for most families
  • Avoid estate recovery and keep your home
  • Creative solutions for complex situations
Financial planning documents

Frequently Asked Questions

Common questions about Medicaid planning and asset protection

You do not have to spend all of your assets before you qualify for Medicaid. While technically as a single person you have to 'spend down' to $8,000 or $2,400 (depending upon your monthly income) before you are eligible for Medicaid, advanced planning, through the aid of an attorney who is knowledgeable in this area, can help you avoid spending all of your hard earned assets on the cost of a nursing home. The law is more flexible for married couples and it is possible that with proper planning you may be able to retain the majority of your assets.

The five year look-back period is where the government 'looks back' at any potential gifts you made during this time in an overall attempt at imposing a penalty period (or period of ineligibility) preventing you from receiving Medicaid benefits, leaving you to pay out-of-pocket for the cost of long term care.

One of the biggest fears a family can have is losing their home. The prospect of qualifying a loved one for Medicaid who is in need of long-term care oftentimes has the effect of amplifying these anxieties. We can put these fears to rest. There are advanced legal techniques such as the creation of life estates that will permit you to keep your home until you die and avoid the imposition of a Medicaid lien when your heirs go to sell the property.o sell your home.

Medicare will only pay for a maximum of 100 days in a skilled nursing facility and only the first 20 days are covered in full. Medicaid on the other hand will pay the entire cost of long-term custodial care in a nursing home if the person qualifies.

When you go into a nursing home you can give assets to your spouse and still qualify. The law permits a spouse to keep up to a current maximum of $104,400 in assets. In fact, the present state of the law will also permit even a greater amount under certain circumstances. Proper guidance from a qualified elder law attorney will help you get all you are entitled to.

Ready to Protect Your Assets?

We will work with you to plan and implement the most effective ways for you to preserve as much of your assets as possible.

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(215) 886-1881
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