long term care Tag

19 Oct NEW MEDICAID TRANSFER PENALTY DIVISOR ANNOUNCED

Posted at 20:19h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration

Effective September 1, 2021, the “transfer of assets divisor” in Texas for long-term care Medicaid has increased from $213.71 to $237.93 (which represents the average daily cost of long-term care in Texas). The increased figure applies to Medicaid applications in Texas submitted on or after...

09 Feb TOP 7 MISCONCEPTIONS ABOUT LONG-TERM CARE MEDICAID PLANNING – NO PLAN IS A BAD PLAN

Posted at 09:00h in 529 plan, Asset Protection, Divorce, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Public Benefits Protection, Special Needs, Special Needs Trust, Transfer of Death, Trusts, utma

There are 109 Medicaid programs (at last count) in Texas – each with their own rules. This article concerns the errors or misconceptions common in one of those programs - long-term care Medicaid (where the government helps pay for care in a nursing home). Seven...

03 Aug BLOOD TEST TO DETERMINE ALZHEIMER’S DISEASE COULD BE READY IN 2 YEARS

Posted at 20:09h in Alzheimer’s, End of Life Care Planning, Estate Planning, Long Term Care, Michael Cohen Dallas Elder Lawyer

It was recently announced that a simple blood test could be effective in diagnosing Alzheimer’s Disease (even if the person seemed normal) 20 years before memory and thinking problems are to be expected in people with a genetic mutation that causes Alzheimer’s. Although the blood test...

23 May SUCCESS STORY OF THE MONTH – THERE IS ALWAYS “PLAN B”

Posted at 16:22h in End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Medicare, Mortgage, Social Security, Success Story of the Month

Wife needs long-term care which is very expensive (statewide average is around $6,500 per month). Medicare has very limited coverage and has been utilized to the limits resulting in husband having to private pay with his limited resources which he needs to use to take...

16 Mar IRA DISTRIBUTIONS TO BE AVERAGED TO DETERMINE INCOME FOR LONG-TERM CARE MEDICAID

Posted at 16:54h in Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Medicare, Social Security, Trusts

Although nothing has been officially announced, a reliable source from the Texas Health and Human Services has indicated the state will look at the annual distributions from an IRA and divide that amount by 12 to determine the monthly income for long-term care Medicaid eligibility....

29 Aug SENIORS HAVE LESS RIGHTS THAN TERRORISTS – NEW TEXAS LONG-TERM CARE MEDICAID TRANSFER PENALTY DIVISOR ANNOUNCED

Posted at 09:00h in Assisted Living, Elder Justice, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Nursing Home, Retirement, utma

Under our criminal justice system, guilt must be determined “beyond a reasonable doubt” as there is a presumption of innocence. However, if a senior makes a gift within five (5) years and applies for long-term care Medicaid, there is a presumption of guilt since Medicaid...

05 Aug ADDITIONAL SUCCESS STORY OF THE MONTH – THE USE OF UTMAs IN MEDICAID PLANNING

Posted at 09:00h in 529 plan, Estate Planning, Long Term Care, Medicaid Application, Medicaid Planning, Success Story of the Month, utma

Long-term care Medicaid helps pay for long-term care costs if certain eligibility requirements such as medical necessity, Medicaid bed availability, “countable” resources being below a $2,000 limit, restrictions on most uncompensated transfers if made within five years of application, etc., are met. In this case the...

11 Apr CASE OF THE MONTH – DOOR #1 OR DOOR #2?

Posted at 19:30h in End of Life Care Planning, Estate Planning, Financial Powers of Attorney, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Power of Attorney, Probate Administration, Transfer of Death

Dad, a nursing home resident in a facility that accepts Medicaid, owns highly appreciated out of state real estate that has been in the family for decades and approximately $100,000 of cash. The goals are to protect the real estate, have governmental assistance in paying...

12 Feb SUCCESS STORY OF THE MONTH – SPENDLESS SPENDDOWN

Posted at 21:18h in Divorce, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Retirement, Social Security, Success Story of the Month

Husband (the “institutionalized spouse”) enters into a nursing home in November 2018 while his 70 year old wife (the “community spouse”) lives at home. Husband has no long-term care insurance and his income is insufficient to pay for his care (generally at least $5,000 to...

17 Jan EXCEPTIONS TO MEDICAID ESTATE RECOVERY IN TEXAS – HOW TO PROTECT YOUR HOME, CAR AND OTHER ASSETS FROM REPAYMENT OF LONG-TERM CARE EXPENSES

Posted at 14:37h in Asset Protection, Beneficiary, Business, Disability Benefits, End of Life Care Planning, Estate Planning, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Probate Administration, Social Security, Transfer of Death

Although certain assets such as a home, car, mineral rights (subject to limitations) and businesses essential for self-support are “non-countable” when applying for long-term care Medicaid, there are numerous exceptions to avoid a successful claim by the State to be paid back for benefits (such...