Medicare

20 Jan 2025 Long Term Care Medicaid Income Cap Increase – When and How to Use a Miller Trust

Posted at 13:45h in Beneficiary, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Probate Administration, Public Benefits Protection, Social Security, Transfer of Death, Trusts

Applicants for long-term care and Star+ Medicaid must be below an income cap as one of the requirements for Medicaid eligibility. If the applicant’s income exceeds the income limit of $2,901 (as of January 1, 2025), the eligibility solution for this particular requirement is the...

14 Oct Success Story Of The Month – Spotting The Issues In A Medicaid Planning Case

Posted at 13:26h in 401(k), Business, Dementia, Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration, Quality of Life, Retirement, Social Security, Success Story of the Month, Taxes, Transfer of Death

Similar to tax planning, where the client often wants to pay as little taxes as possible and plan accordingly, many want to preserve as many resources as possible while obtaining Medicaid assistance so that the government will help pay for the cost of care in...

07 Oct 20 Common Mistakes When Completing A Nursing Home Medicaid Application Or Planning For Eligibility

Posted at 13:10h in Disability Benefits, Elder Justice, End of Life Care Planning, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Miller Trust, Mortgage, Nursing Home, Probate Administration, Social Security, Special Needs, Special Needs Trust, Taxes, Trusts

The cost of long-term care is great (the average is around $7,500/month in Texas). As a result, many apply for long-term care Medicaid for governmental assistance to help pay for the facility and drugs. It is not unusual for us to receive calls after either...

25 Aug IRS Announces Finalized Rule On When Inherited IRA Must Be Distributed – Pay Us Now Or Pay Us Later

Posted at 10:31h in Beneficiary, End of Life Care Planning, Estate Planning, Inheritance, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration, Retirement, Taxes

The IRS announced its final rule on when an inherited IRA must be distributed to a beneficiary. If the owner of an IRA (or other retirement account) has already reached the date (the Required Beginning Date) when he or she is required to make distributions (70...

22 Aug FDA Approves Another Drug That Slows Cognitive Decline

Posted at 09:27h in Alzheimer’s, Dementia, Medicare, Michael Cohen Dallas Elder Lawyer

In July 2024, the FDA approved Kisunla (formerly called Donanemab) which is anti-amyloid clearing treatment which slows cognitive decline by 35% (up to 60% in a separate analysis). Although the FDA rejected Eli Lilly’s request for accelerated approval of the drug in January 2023 since...

25 Jul “Home” Purchased After Buyer Is Institutionalized Counts As Resource For Medicaid

Posted at 09:18h in Beneficiary, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration

The Texas Supreme Court has ruled that a Medicaid applicant who purchases a home or an interest in a home after admission into a skilled nursing facility is not excluded as a resource for Medicaid eligibility. On the other hand, the Court suggests if the...

28 May MEDICAID PLANNING BY NON-ATTORNEY IS A CRIMINAL ACT

Posted at 15:05h in Asset Protection, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection

Adult child of a nursing home resident seeks planning to obtain governmental assistance for costly care. The facility advises the adult child, “Don’t worry, we pay a company that you have to use, that will plan for you and apply for your mom – you...

01 Apr Medicaid Estate Recovery Kill Bill

Posted at 15:01h in Asset Protection, Beneficiary, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Lady Bird Deed, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Social Security, Transfer of Death, Trusts

U.S. Congresswoman Jan Schakowsky of Illinois has proposed a bill that would end Medicaid estate recovery (Medicaid estate recovery is the process to recoup care costs such as nursing home care, care at home, medications, etc.) from the estate of the deceased Medicaid recipient. Typically,...

25 Mar 4 Ways To Use Annuities For Asset Preservation In Government Assisted Care Costs In Texas

Posted at 13:12h in Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Retirement, Social Security, Special Needs, Special Needs Trust, Taxes

Long-term care Medicaid (the government program that assists in payment of nursing home care and medication) is means-tested. The government looks at an applicant’s assets prior to obtaining eligibility for paying for long-term care. The government (Texas Health and Human Services Commission) also considers income...

01 Dec 15 Common Mistakes When Completing A Nursing Home Medicaid Application Or Planning For Eligibility

Posted at 18:03h in Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Probate Administration, Social Security, Taxes, Trusts

The cost of long-term care is great (average is around $7,500/month in Texas). As a result, many apply for long-term care Medicaid for governmental assistance to help pay the facility and drugs. It is not unusual for us to receive calls after either a facility...

29 Nov 2024 Long Term Care Medicaid Income Cap Increase – When And How To Use A Miller Trust

Posted at 17:58h in Beneficiary, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Probate Administration, Social Security, Trusts

Applicants for long-term care and Star+ Medicaid must be below an income cap as one of the requirements for eligibility. If the applicant’s income exceeds the income limit of $2,829 (as of January 1, 2024), the eligibility solution for this particular requirement is the creation...

27 Nov Maximum Resource Limits For Spousal Medicaid In 2024 (How To Keep More For The Well Spouse If Ill Spouse Needs To Go Into Nursing Home)

Posted at 17:41h in Disability Benefits, Divorce, Estate Planning, Home Equity, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Social Security

As we live longer, there is a greater likelihood of disability and the need for long-term care. However, most Americans have inadequate resources or income for such care and also lack long-term care insurance or similar insurance products. As a result, some elderly and disabled...

13 Sep Transfer Of Home Exceptions Without Medicaid Transfer Penalty

Posted at 15:44h in Asset Protection, Beneficiary, Disability Benefits, End of Life Care Planning, Estate Planning, Home Equity, Inheritance, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Power of Attorney, Probate Administration, Public Benefits Protection, Social Security, Transfer of Death

Home, sweet home - the most valuable asset of many. However, if you need financial assistance for long-term care, you have to be careful when making a transfer. Long-term care Medicaid (which helps pay for skilled nursing care that many seek since Medicare has limited coverage...

26 Jul FDA Grants Approval for Drug that Slows Memory Loss

Posted at 13:33h in Alzheimer’s, Dementia, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration

A milestone event in the fight against Alzheimer’s Disease occurred on July 6 when the FDA gave approval for a drug (Leqembi) that not only slows memory loss for those with Alzheimer’s Disease, but it was granted funding approval by the Centers for Medicare &...

04 Jul Success Story Of The Month: 96-year-old Gambles $ On Medicaid Planning And Wins

Posted at 09:54h in Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Quality of Life, Social Security, Special Needs, Special Needs Trust, Success Story of the Month

Although it is normally not recommended that a 96-year-old buy any type of annuity, the facts below illustrate how a 96-year-old was willing to bet his money on a plan that included the purchase of a Medicaid-compliant annuity that saved him $6000 a month for...

29 May Palliative Care VS Hospice Care – 7 Documents to Prepare for End-Of-Life Planning

Posted at 11:15h in Dementia, End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Guardianship, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Quality of Life, Wills

If you have an illness that is likely to limit your life due to the illness being serious and chronic (such as heart failure, Chronic Obstructive Pulmonary Disease, cancer, dementia and Parkinson’s Disease), would you like to improve your quality of life by having: (1)...

11 Apr Future Success Story Of The Month? Will A QLAC Within An Ira Become The Latest Tool To Save Money In Care Costs?

Posted at 13:01h in Beneficiary, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Probate Administration, Retirement, Social Security, Success Story of the Month

Recent changes under the Secure Act 2.0 that became effective January 1, 2023 may make a QLAC (Qualified Longevity Annuity Contract) a planning option for long-term care Medicaid which helps pay for nursing care and care at home. A QLAC is an annuity within your retirement...

10 Apr Who Is Eligible For Free Care At Home?

Posted at 13:08h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Short Term Care, Social Security

There are several public benefit programs whereby the government will pay for caregivers to come to where you reside. Many are familiar with Medicare that pays for various therapists after a hospitalization stay, but many are unaware that Medicaid has a couple of programs that...

06 Mar Success Story Of The Month Medicaid’s Love It Or List It?

Posted at 10:57h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Mortgage, Nursing Home, Probate Administration, Social Security, Success Story of the Month, Taxes

Sometimes there is a simple solution for asset preservation when applying for long-term care Medicaid – whether the applicant is either in a nursing home that accepts Medicaid or is living at home. If eligible for Medicaid, the government will help pay for those care...

07 Dec 2023 Long Term Care Medicaid Income Cap Increase – When And How To Use A Miller Trust

Posted at 12:48h in Beneficiary, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Probate Administration, Social Security, Trusts

Applicants for long-term care and Star+ Medicaid must be below an income cap as one of the requirements for eligibility. If the applicant’s income exceeds the income limit of $2,742 (as of January 1, 2023), the eligibility solution for this particular requirement is the creation...