Medicaid rules are extremely complex and confusing and virtually impossible to understand without experienced legal assistance.
The United States Supreme Court has called Medicaid laws “an aggravated assault on the English language, resistant to attempts to understand it.” Schweiker v. Gray Panthers, 453 U.S. 34 (1981). One United States Appeals Court has called the Medicaid Act one of the "most completely impenetrable texts within human experience” and “dense reading of the most tortuous kind.” Rehab Association of Virginia v. Kozlowski, 42 F. 3d 1444, 1450 (4th Cir. 1994)
Those statements were made 20 years ago! Since that time Medicaid laws have undergone a number of changes, and none of them have made things simpler!!
Without proper planning and legal advice from an experienced elder law attorney, many people spend much more than they should on long term care and jeopardize their future care and well being as well as the security of their family.
With proper planning couples can obtain Medicaid assistance without having to deplete their life savings. With proper planning a spouse who is able to stay at home can keep all of the couple’s assets and much or all income, while Medicaid pays for the nursing home. The most important goal is typically to ensure that the spouse remaining at home is able to live the remaining years of his or her life in utmost dignity and not have to suffer a drastic reduction in his or her standard of living.
For a single or widowed person the most important reason to engage in asset protection planning it to be able to enjoy the highest quality of life possible in the event you are forced into a nursing home. For instance, money that we protect for a client in the process of getting him or her qualified for Medicaid can be used, once they are receiving Medicaid benefits, to provide them with an enhanced level of care and a better quality of life while they are in a nursing home. For instance, we will often encourage the families of our clients to use protected assets to hire a caregiver or helper to keep the family member company, or use it to purchase services or items that Medicaid doesn’t cover, such as dental work, vision aids, hearing aids, personal clothing and toiletries, etc.
For Disabled Children
There are asset protection strategies that will allow an individual to protect a home and an unlimited amount of assets for the benefit of a disabled adult child or other family member.
Contact us today for Medicaid planning consultation