In order to qualify for Medicaid Home Care or Assisted Livings Services, known as “Community Based Services”, a person cannot have non-exempt assets (or “resources”) greater than a specific dollar amount. In New York, for 2023 the resource limit is $30,180. Until the Community Medicaid lookback is implemented (expected to be implemented no earlier than … Read More
Selling Your Home in a Medicaid Trust
Can I sell my home if I put it in an Irrevocable Medicaid Asset Protection Trust? The answer is most likely, yes. If you already have a trust, the first step is to consult with your elder law attorney and confirm that both the trust rules and your local state’s Medicaid rules. The trust should … Read More
Medicare vs. Medicaid?
What is the Difference Between Medicare and Medicaid? It is a common mistake to confuse Medicare and Medicaid. While they are both government programs for healthcare, it is important to understand the difference between them. A main difference between the two programs are the eligibility requirements and the coverage each provides in relation to long … Read More
Five Ways Your Property Might Be Distributed When You Die
When you die, who will get your assets? There are several ways that property is distributed when a person dies. The distribution of the property that you own at your death (your estate) will depend on several factors, including how you owned it, what legal documents you have in place, and what your state’s intestacy … Read More
Annual Federal Gift Tax Exclusion Amount and Medicaid Lookback Period
Myth: If my annual gifts are under the annual federal gift tax exclusion amount, then no penalty can be imposed by Medicaid when I later need a nursing home or home care services. Fact: That is absolutely incorrect. Medicaid and the IRS treat “gifting” very differently and the two concepts are completely independent from one … Read More
Changes to the New York State Power of Attorney Law Are Now in Effect
Changes to the New York State Power of Attorney Law are now in effect as of June 13, 2021. On December 15, 2020, changes to the New York General Obligations Law in relation to the statutory short form Power of Attorney were signed into law, with the effective date of June 13, 2021. The new … Read More
Why You Should Protect Your Home When You Are On Medicaid
So you have successfully applied and been approved for Medicaid. Your assets are below the resource limit, and you have joined a pooled income trust to preserve your monthly income above the Medicaid limits. Why would you need an elder law attorney now? In order to qualify for Medicaid long-term care services, there are strict … Read More
Wishing to Avoid Probate Isn’t Enough
“My mom said she doesn’t want me to do probate for her estate.” The daughter of a deceased woman called me complaining that the bank wouldn’t give her access to her deceased mother’s bank accounts and she couldn’t get the money out. The bank accounts had no joint owner and no beneficiary designations (POD, TOD, … Read More
