medicaid eligibility Tag

22 Jan WHAT RISK DOES A SON HAVE FOR ABUSING MOM’S POWER OF ATTORNEY? Never take advantage of person who does the most for you!

Posted at 16:25h in Elder Justice, Estate Planning, Financial Powers of Attorney, Medicaid Planning, Michael Cohen Dallas Elder Lawyer

A financial durable power of attorney gives an agent authority to make financial decisions on behalf of the principal (the one giving the authority). However, sometimes the agent exceeds the authority granted by the principal. The repercussion may be greater than the agent may realize. Facts: Son,...

03 Nov 2026 LONG TERM CARE MEDICAID INCOME CAP INCREASE – WHEN AND HOW TO USE A MILLER TRUST

Posted at 14:34h in Long Term Care, Medicaid Planning, Nursing Home, Public Benefits Protection

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 $2,982 (as of January 1, 2026), the eligibility solution for this particular requirement is the...

21 Aug NEW MEDICAID TRANSFER PENALTY DIVISOR ANNOUNCED

Posted at 09:17h in Long Term Care, Medicaid, Medicaid Application, Medicaid Planning, Nursing Home

Effective September 1, 2025, the “transfer of assets divisor” in Texas for long-term care Medicaid has increased from $242.13 to $262.37 (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...

21 Jul ONE BIG BEAUTIFUL BILL IMPACT ON NURSING HOMES

Posted at 13:23h in Elder Justice, Elder Law, Estate Planning, Medicaid, Medicaid Planning, Nursing Home

Although the One Big Beautiful Bill signed by President Trump on July 4, 2025, may not directly impact nursing homes, such skilled nursing facilities are likely to feel the pinch. Medicaid is a joint program between the federal and state governments. Most nursing homes in...

14 May THE SOCIAL SECURITY FAIRNESS ACT IS FAIR TO SOME – BUT NOT TO OTHERS

Posted at 15:50h in Miller Trust, Public Benefits Protection, Retirement, Social Security

Many teachers, firefighters, police officers and people who received a pension due to work not covered by Social Security may receive (or have received) a Social Security benefit increase pursuant to Social Security Fairness Act signed by former President Biden on January 5, 2025 which...

19 Nov Special Needs Trust Trustee Roles

Posted at 12:10h in Beneficiary, End of Life Care Planning, Estate Planning, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Quality of Life, Special Needs, Special Needs Trust, Trusts

Special needs trusts are often established for the benefit of individuals who are disabled since the assets held in the trust are not countable (if properly drafted) for means-tested Medicaid and Supplemental Security Income programs (which often include drugs and care costs). The goal is...

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...

09 Feb SUCCESS STORY OF THE MONTH

Posted at 09:00h in Asset Protection, End of Life Care Planning, Estate Planning, Home Equity, Lady Bird Deed, Long Term Care, Medicaid Planning, Medicare, Nursing Home, Short Term Care, Success Story of the Month, Transfer of Death, Trusts

A married couple owns a homestead located out-of-state held in a trust. They move to Texas to be closer to their children since the wife needs long-term care. They have no long-term care insurance, and their liquid assets and income are insufficient to pay for...

11 Jan HOMESTEAD EQUITY LIMIT INCREASED TO $572,000

Posted at 09:00h in Estate Planning, Home Equity, Lady Bird Deed, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Transfer of Death

As of January 1, 2018, the equity limit for a homestead applicant (who is single) for the nursing home and “waiver” home care Medicaid program has increased to$572,000. Thus, if the equity limit is less than that, it is a non-countable resource in determining Medicaid...