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When is Medicaid Crisis Planning Appropriate?

Posted by Andrew Byers | Jan 26, 2021 | 0 Comments

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 legal strategy that can help you qualify for Medicaid without experiencing financial ruin.

As a joint federal and state program Medicaid differs by eligibility rules and regulations in every state, and even by name. 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 will listen and 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, there are far better strategies that can be employed.

With the help of an elder law attorney, Medicaid crisis planning allows you to qualify for Medicaid nursing home/LTC 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. For married couples, there are strategies available that allow us to protect most or all of the couple's assets that would otherwise be at risk. 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 focusing on Medicaid planning. Eligibility requirements vary, calculations are complex, timing is crucial, forms can change, and regulations are amended. As an elder law attorney, I can tailor your financial situation to the best Medicaid crisis planning solution and protect your financial future. Feel free to call my office or use the "Contact Us" form on my website to send me a message.

About the Author

Andrew Byers

Andrew Byers' elder law practice focuses on the legal needs of older clients and their families, and works with a variety of legal tools and techniques to meet the goals and objectives of the older client. Under this holistic approach, I handle estate and longevity planning issues and counsel cli...

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I help seniors and their families to prevent the devastating financial effects of long term care. I assist and represent clients in and from the entire metro Detroit area, including all communities in Oakland, Macomb, and Wayne Counties.

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