Medicaid Planning for Long-Term Care,
Disability, and Personal Injury

Medicaid is a medical assistance program that is jointly funded and administered by the federal government and state government. Medicaid provides funds to cover a person’s long-term or attendant care needs at home, in assisted living facilities, and in nursing care facilities. Medicaid eligibility depends upon a person’s medical need, income, and assets.

The increasing high costs of long-term care at home or in a care facility has made planning for long-term care a very important issue. We can assist you to plan for long-term care needs if you or a family member requires long-term care now or in the future due to a medical condition such as dementia or Alzheimer’s disease or due to a disability or injury. We can assist you to plan for Medicaid eligibility and to apply for Medicaid benefits.

Careful planning is often required to become eligible for Medicaid yet preserve assets for the person’s special needs and/or for the person’s spouse or children. Planning techniques include the use of a Special Needs Trust or careful consideration of how to spend assets that exceed the eligibility limits. If you or your spouse need to apply for Medicaid, we can assist you to maximize the assets that may be retained, known as the community spouse resource allowance. Another planning tool for Medicaid eligibility involves the transfer or gifting of assets. However, the transfer or gifting of assets should only occur after careful advanced planning due to very strict Medicaid regulations and eligibility penalties for improper transfers of assets.

Some persons with medical conditions, disabilities and injuries may have planned ahead and purchased long-term care insurance or may have disability insurance. Persons who have purchased long-term care insurance and/or who have disability insurance are much less likely to have to rely on other sources of coverage such as Medicaid. If you have long-term care insurance or disability insurance, it is important you review your policy so you know what is covered, how long you are covered and the deductibles that may apply. Many who have such coverage may still need to apply for Medicaid as the coverage or benefits may only exist for a certain amount of time or if the coverage is insufficient to cover all of the costs of care.

If you or a family member have been injured and are receiving a personal injury settlement, we can assist you by drafting the appropriate Special Needs Trust document, assessing and preserving eligibility for Medicaid and other public benefits, and guiding you on the possible involvement of the probate court.

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