Does Medicare take your assets?

Medicare, as a rule, does not cover long-term care settings. So, Medicare in general presents no challenge to your clear home title. If you are likely to return home after a period of care, or your spouse or dependents live in the home, the state generally cannot take your home in order to recover payments.

What to know about Elder and special needs law?

Elder and special needs law encompasses many different fields of law. Some of these include: Preservation/transfer of assets seeking to avoid spousal impoverishment when one spouse enters a nursing home Social Security and disability claims and appeals Supplemental and long-term health insurance issues

Is it illegal to structure assets to qualify for Medicaid?

It is not illegal to structure one’s assets in an effort to qualify for Medicaid nursing home benefits. Elder law attorneys advise their clients on the Medicaid law and what can and cannot be done legally within the law. Some people, however, believe it is wrong to do legal Medicaid planning.

Why is it important to know elder law?

It is important for attorneys working with seniors, people with disabilities, and their families and loved ones, to have a broad understanding of the laws that may have an impact on a given situation to avoid future problems. Elder and special needs law encompasses many different fields of law.

How to find an attorney for elder law?

1 How long has the attorney been in practice? 2 Does his or her practice emphasize a particular area of law? 3 How long has he or she been in this field? 4 What percentage of his or her practice is devoted to elder law or special needs planning? 5 Is there a fee for the first consultation, and if so how much is it?

How to find an elder or special needs attorney?

If you know any attorneys, ask them for a referral to an elder or special needs law attorney. An attorney is in a good position to know who handles such issues and whether that person is a good attorney. Such persons are often the best and safest sources of referrals.

It is not illegal to structure one’s assets in an effort to qualify for Medicaid nursing home benefits. Elder law attorneys advise their clients on the Medicaid law and what can and cannot be done legally within the law. Some people, however, believe it is wrong to do legal Medicaid planning.

What can an elder law attorney do for You?

Elder law is a subspecialty of estate planning. Elder law attorneys help individuals and their families plan for retiree benefits, healthcare and long-term care, Medicaid and Medicare coverage, and home care and nursing home care.

How are assets counted in Medicaid asset limits?

(For your state’s thresholds, click on Find an Attorney, then your state, and then “Key Medicaid Information”.) All assets are counted against these limits unless the assets fall within the short list of “noncountable” assets. These include the following: