NURSING HOME CRISIS PLANNING
It's Not Too Late!
Often, the most overlooked planning option available is planning once someone has already been admitted to a long-term care facility like a nursing home, or is imminently moving into one. If you have a loved one entering a nursing home or already in one, and spending tens of thousands of dollars per month, IT’S NOT TOO LATE TO PLAN. The main takeaway for a family helping a loved one in crisis is elder law attorneys can often put a cap on your “spend-down,” maximize the amount of assets you will be able to preserve, and expedite your loved one’s eligibility for Medicaid benefits.
Over the years, families shared that other attorneys have said, "your loved one is already in the nursing home, so it is too late for you to do any planning or consider preserving any of his/her remaining funds/assets.” Those families are usually surprised to learn of the solutions we present to them, as they believed their problems to be unsolvable. This is why finding an experienced Medicaid attorney is critical to you or your loved one's future.
Find An Experienced Medicaid Attorney
The rules of Medicaid are complex and ever-changing. Most attorneys do not dabble in Medicaid Planning. If it is not a primary focus of their practice, they may not be up to date on the current rules and the options available to best assist you. If you want to know whether the attorney you are working with really is well-versed in Medicaid planning, ask some of these questions:
1. Have they ever filed a Medicaid application?
2. How many Medicaid applications have they filed in the last 3 months? 6 months? Year?
3. Do they know how to calculate a Medicaid penalty period?
4. What is the penalty divisor your State’s Medicaid agency uses to calculate improper transfer penalties?
Answers to these types of questions can be easily answered by an experienced elder law attorney.