Filter Articles

Elder Law Articles

Medicaid Spend Down: Convert Assets into Exempt Resources

Another technique for accelerating an applicant’s qualification for Medicaid and/or preserving family assets is to convert assets that would otherwise be counted toward the Medicaid resource eligibility limits (countable assets) into non-countable (or exempt) resources.

Medicaid Spend Down: Family Caregiver Contracts

Qualifying for Medicaid often involves accelerating expenditures to reduce an applicant’s countable resources down to the required level. One technique for spending down assets to accelerate qualification is through the use of a Family Caregiver Contract.

What Transfers are Exempt from the Medicaid Transfer Penalty?

In order to discourage Medicaid applicants from artificially impoverishing themselves (through gifting) to financially qualify for Medicaid, a penalty is imposed on asset transfers for less than fair consideration that occur within a defined time period generally referred to as the “look-back period”. However, not all transfers are subject to this penalty.

What Assets are Exempt for Medicaid Eligibility?

In order to qualify for Medicaid financing of long-term care services, an individual must be medically and financially eligible. The financial requirements limit the amount of “countable” resources and income that an individual can have and still qualify for Medicaid financing. But what are the "non-countable" resources?

Another Benefit of Medicaid Qualification: PA Filial Support Law

The obvious benefit of qualifying for and using Medicaid for long-term care costs in Pennsylvania is to preserve assets for the next generation. Another, lesser known benefit is to protect your children from the financial burden of your nursing home bills, because of Pennsylvania's Filial Support Law.

In-Home Waiver for Medicaid

Information and steps to apply for waiver services in Pennsylvania.

Why Use Trust Planning?

This article shows the benefits of multi-generational asset protection planning, using trusts.

Medicaid Application Checklist

Applying for Medicaid, or Medical Assistance, for long-term care costs can be daunting. The following checklist provides a list of items you or your loved one will need to complete the Medicaid Application in Pennsylvania.

Powers of Attorney: What Are They and Why Do They Matter?

Powers of attorney (POAs) are an essential document in planning for a client’s potential incapacity and/or long-term care needs. This article discusses financial powers of attorney and their utility in connection with an elderly client’s needs.

Medicaid Eligibility: Can I Gift Cash To My Children?

When meeting with clients and prospective clients, we often get questions about the gift tax, gift tax exemptions, and how a gift of cash affects Medicaid eligibility. To properly understand how these items interact, each needs to be understood separately before taking them together.

What Is Estate Recovery?

Among the many terms that arise in connection with Medicaid planning is the concept of Estate Recovery, which is the process by which the government recoups part of the Medicaid benefits paid on behalf of a Medicaid applicant during his or her lifetime.

Is the Home an Exempt Asset?

Clients frequently want to know whether their home (or in some cases their parents’ home) is an “exempt” asset for Medicaid purposes. The answer is a resounding “Yes, but …”.

Look-Back Period vs. Period of Ineligibility

Elder law is a complicated area of legal practice, and thus clients sometimes confuse certain concepts that are similar, but distinct. An example of this is the difference between the five year look-back period and the period of ineligibility for Medicaid that is caused by transfers within the look-back period.

MEDICARE vs. MEDICAID: What’s the difference?

Clients and even certain professional often confuse MEDICARE and MEDICAID. The terms refer to types of benefits that are radically different.

Types of Special Needs Trusts

Last month’s article discussed the concept and utility of special needs trusts – a type of trust that is commonly used to benefit disabled persons who are receiving (or may in the future receive) mean-tested public benefits. Here we will review the different types of special needs trusts.

30 articles total

Legal Advice Disclaimer The content of this website is provided for general information purposes only. It should not be used as a substitute for consulting an attorney for legal advice regarding the reader's own affairs. Knox McLaughlin Gornall & Sennett, P.C. is not responsible for the content provided on any third-party website which may be accessed via links provided by this site.