When is medicaid crisis Planning appropriate?

from Forever Young February 2023

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STORY: C. BRIAN CRANE, ESQ., LUSCHAS, NAPARSTECK & CRANE, LLP

Medicaid is a joint federal and state program available to individuals who meet certain asset requirements that help them pay for long-term care (LTC) costs. Long-term care often creates devastating financial impacts on Americans, particularly the elderly, and for those family members who lose hours of income (and more) while providing care for their loved ones. The Medicaid system is still one of the best options to afford long-term care. Medicaid crisis planning is a strategy that can help you qualify for Medicaid without experiencing financial ruin.

As a joint federal and state social safety net Medicaid differs by eligibility rules and regulations in every state. Unfortunately, people often wait until a catastrophic event brings about sudden illness, disability, or other medical crises before planning long-term care. Under duress, a family system may take advice from misinformed individuals, such as non-attorneys or attorneys who do not practice elder law. Perhaps unwittingly, these people tend to give the worst advice: spend everything you have until you qualify under the Medicaid eligibility rules. Though this approach can work in certain situations, there are far better strategies.

With the help of an elder law attorney, Medicaid crisis planning allows you to qualify for Medicaid nursing home benefits without spending down all of your life's assets. Working with an elder law attorney to devise a personal Medicaid crisis plan is a logical and financially prudent approach to long-term care and allows you or a loved one to use legally approved strategies to qualify for Medicaid before spending everything you own on the high cost of nursing home care.

If you have a loved one who is either in a nursing home or about to enter a nursing home, that is the time to speak to an elder law attorney. There are legal strategies that allow a person who needs long-term care to divest themselves of some of their assets, and use the rest to pay for their care until Medicaid eligibility is met. The sooner an elder law attorney is employed, the quicker Medicaid eligibility can be met. However, it’s never too late, even if you or a loved one are already in a nursing home.

The level of complexity involved in Medicaid crisis planning deems it necessary to retain an elder law attorney, preferably one specializing in Medicaid planning. Eligibility requirements vary, calculations are complex, timing is crucial, forms are ever-changing, and laws are amended. Call 570-784-4654 to schedule an appointment with a Certified Medicaid Planning Attorney.

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