Mr. Marshall, an Elder Law Attorney and CPA, provides high level legal and tax services to families faced with nursing home and estate planning. He also specializes in ways to protect your assets.


S. Eric Marshall
Attorney At Law & CPA
2802 Mishawaka Avenue
South Bend, Indiana 46615

Phone: 574-234-4564
Toll Free: 800-966-8399
Fax: 574-234-1304
Email




 


Our Elder Law practice includes the following services:

  • Wills and Trusts
  • Estates and Probate Administration
  • Guardianships
  • Medicaid and Asset Protection Planning
  • Estate and Inheritance Tax Returns
  • Durable Powers of Attorney and Living Wills
  • Nursing Home and Personal Injury Litigation

Issues In Elder Law: Medicaid in Indiana...and what you need to know before going to the Nursing Home.

MEDICAID is the federal and state program, operated by the local
Division of Family & Children, that pays Nursing Home expenses for the needy.

How do I become eligible?
You must be 65 or disabled.

How do I apply for Medicaid?
You must apply at the Division Of Family & Children in your County.

When should I apply?
As soon as possible, since Medicaid can go back 3 months.

What will I need for the appointment?
You will need to gather the institutionalized person's (IP) social security & Medicare cards, birth certificate, marriage license, bank statements, stocks and bonds, property Deeds, car titles, Power of Attorney, tax returns, and other items as needed.

How much money can I keep?
If the IP is not married, then YOU must spend-down to $1,500.

How much income can I keep?
The general rule is that all of the IPs income, including social security and pension, must go to the nursing home, except for a $35 personal needs allowance (PNA)

What if the IP is married?
If married, the at-home spouse can keep the house, a car, and 1/2 of the other assets up to approximately $80,000. And, the at-home spouse can keep up to approximately $1,300 of total income, and more if there are high living costs.

May I make gifts or transfer assets to my children?
No. Medicaid penalizes you for making certain gifts and transfers within 3 years of applying for Medicaid (5 years if from a  Trust).

How do I keep more of my money?
You should meet with an Elder Law Attorney, since there are techniques to protect your assets.