attorney in wyoming who help with medicaid

Which states have Medicaid coverage?

Recognizing that home care costs far less than nursing home care, a few other states—notably Hawaii, Oregon and Wisconsin— are pioneering efforts to provide Medicaid- covered services to those who remain in their homes.

What is Medicaid estate recovery?

Medicaid Estate Recovery forces the sale of things, like your home, that you own when you die.

What is a Medicaid Trust?

Medicaid is a program designed to assist with the ever rising costs of health care. Qualifying is not automatic, but with our assistance you can meet the requirements. You can also retire comfortably, without having to gift assets early, draw down your savings or forsake giving your hard earned wealth to family.

What is Medicaid in nursing home?

Medicaid is a joint federal-state program that provides health insurance coverage to low-income children, seniors and people with disabilities. In addition, it covers care in a nursing home for those who qualify.

What is Medicaid spend down strategy?

Many consider extreme Medicaid planning strategies such as bankruptcy or divorce. Others engage in spend down strategies which leave them with purchases they care little about and a home which will eventually be seized anyway due to the aptly named Death Tax .

Can you get Medicaid if you deed your home to your children?

While this strategy may ultimately protect the home from Medicaid Estate Recovery, it carries many risks. It’s not as simple as it seems. One problem is that deeding your home to your children will make you ineligible for Medicaid for a long period of time. You may have no way to pay for that care.

Can an attorney prepare a deed for Medicaid?

They may be able to prepare a deed for you, but that doesn’t mean they understand the Medicaid consequences and trust forms. Seek the help of an attorney who is an expert in this area of the law.

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Giving away assets too early

First, it’s your money (or your house, or both). Make sure you take care of yourself first. Don’t put your security at risk by putting it in the hands of your children. That is not a good asset protection strategy. Precipitous transfers can cause difficult tax and Medicaid problems as well.

Ignoring important safe harbors created by Congress

Certain transfers are allowable without jeopardizing Medicaid eligibility. These include: transfers to disabled children, caretaker children, certain siblings and into trust for anyone who is disabled and under age 65; a transfer to a “pay-back” trust if under age 65; and a transfer to a pooled disability trust at any age.

Failing to take advantage of protections for the spouse of a nursing home resident

These protections include the purchase of an immediate annuity, petitioning for an increased community spouse resource allowance, and in some instances petitioning for an increased income allowance or refusing to cooperate with the nursing home spouse’s Medicaid application.

Not getting expert help

This is a complicated field that most people deal with only once in their lives. Tens of thousands of dollars are at stake. It’s penny wise and pound foolish not to consult with our elder law attorney who makes his living guiding clients through the medicaid trust planning process.

Confusion about the difference between lifetime liens on property and estate recovery

There are a number of exceptions to lifetime liens on property, but for estate recovery there is only a deferral for a surviving spouse and a hardship waiver.