- 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
MEDICAID is the federal and state program, operated by the local
Division of Family & Children, that pays Nursing Home expenses for the needy.
You must be 65 or disabled.
You must apply at the Division Of Family & Children in your County.
As soon as possible, since Medicaid can go back 3 months.
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.
If the IP is not married, then YOU must spend-down to $1,500.
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)
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.
No. Medicaid penalizes you for making certain gifts and transfers within 3 years of applying for Medicaid (5 years if from a Trust).
You should meet with an Elder Law Attorney, since there are techniques to protect your assets.
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