what is a medicaid attorney

Full Answer

Is a Medicaid specialist a lawyer?

Typically, Medicaid specialists are not attorneys. As such, they cannot coordinate tangential issues, such as trusts, estates, and other Medicaid-related topics. What is an Elder Law Attorney?

Do elder law attorneys provide Medicaid planning services?

Not all elder law attorneys provide Medicaid planning services and not all Medicaid planners are elder law attorneys. It is important to find a lawyer or non-attorney, professional Medicaid planner that specializes in this area and is familiar with state law.

How much does a Medicaid lawyer cost?

Yes, you read that right: hundreds of thousands of dollars. Because Medicaid specialists and elder law attorneys specialize in Medicaid rules and the issues surrounding them, including how to plan for long-term care – how to best structure your loved one’s estate to ensure the best care for the best price. What is a Medicaid Specialist?

Do I need a lawyer or a Medicaid planner?

It is important to find a lawyer or non-attorney, professional Medicaid planner that specializes in this area and is familiar with state law. What Medicaid Attorneys Do? Medicaid attorneys play a large role in both the Medicaid application process, as well as planning for Medicaid eligibility.

Why is a power of attorney important?

Medicaid Eligibility & Importance of Powers of Attorney. To assist a loved one in becoming eligible for Medicaid, maintaining their eligibility and making Medicaid-related benefit decisions , having a power of attorney is extremely important. 1. Without a POA, an adult child or another individual applying for Medicaid on behalf ...

What does "draw out" mean in Medicaid?

The drawn-out process often means that a family must absorb the cost of caring for their loved one for an extended period when their loved one otherwise would have been eligible for Medicaid. Note, retroactive Medicaid may help to offset this situation, at least partially. 3.

How much does it cost to create a power of attorney?

There is a very minimal cost to creating a power of attorney document, particularly if one chooses to do it without the assistance of an attorney. POA forms can be found online and downloaded for free, or created via a website for $50 or less. If notarized, notary fees are generally $2 – $20 per signature.

What is a durable power of attorney?

A durable health care power of attorney (HCPA), also called a durable power of attorney for health care, healthcare proxy, or medical power of attorney, legally designates an agent to make medical decisions on behalf of the principal if he / she is unable to do so himself / herself. The decisions in which the agent can make are quite varied.

What happens if an elderly person becomes incapacitated and there is no POA?

If an elderly person becomes incapacitated and there is no POA, it may be necessary to go to court and pursue guardianship to gain legal authority of the incapacitated individual. This process may be very expensive and lengthy. The drawn-out process often means that a family must absorb the cost of caring for their loved one for an extended period when their loved one otherwise would have been eligible for Medicaid. Note, retroactive Medicaid may help to offset this situation, at least partially.

What is POA in legal?

With a POA, the authority of the legal representative may be limited. This could mean the matters in which the attorney-in-fact has legal control are very specific or the agent only has authorization for a one-time action. A POA may also give the attorney-in-fact a very broad range of authority.

Can an attorney be a POA?

While attorneys and accountants can be named as the agent, it is common for relatives, particularly the adult children, of principals to be fill this role. Creating a POA does not mean the principal no longer is able to make his / her own financial or healthcare decisions.

What is the role of a Medicaid attorney?

On the other hand, Medicaid attorneys often focus more on the legal aspects of Medicaid planning, such as creating Medicaid asset protection trusts or Qualified income trusts, which makes them the better option for this type of assistance.

How much does it cost to hire an elder care attorney for Medicaid?

After the consultation / planning conference and gathering of the facts and needs, a price for services can be quoted. Medicaid planning fees can range from $3,000 to $12,000.The following factors can all impact the cost the cost of a Medicaid planning engagement. The more complicated the case, the higher the fees.

How does Medicaid annuity work?

This strategy reduces one’s countable assets, while at the same time , protecting some of them for family. Essentially, Medicaid applicants gift approximately half of their “excess” assets (assets over Medicaid’s limit) to their loved ones and then purchase an annuity with the remaining “excess” assets. (An annuity turns countable assets ...

How long does it take for Medicaid to pay for long term care?

Medicaid attorneys and specialists also assist with crisis planning, which occurs when a senior needs Medicaid benefits within 30-60 days.

How to avoid looking back on medicaid?

One such strategy that elder law attorneys can implement is a Medicaid asset protection trust (MAPT). This type of trust not only prevents one from becoming ineligible for Medicaid due to gifting assets (if done prior to the look back period), but it also allows one to protect assets for spouses to ensure they can live independently. Furthermore, MAPTs protect assets, including one’s home, for relatives upon the death of the Medicaid recipient, as assets in this type of trust are protected from Medicaid’s estate recovery program. This means that the state cannot attempt to be reimbursed for long term care costs for which it paid for the Medicaid beneficiary via these assets.

What is a medicaid planner?

For persons who have Medicaid cases that are fairly simple and straightforward, a Medicaid planner, also called a Medicaid specialist or a Medicaid Advisor, might be a good option. Working with a professional Medicaid planner can be a lot more cost efficient than working with a Medicaid attorney.

How long does Medicaid look back?

The look back period is 5 years in all states except California (Medi-Cal has a 2.5 year look back).

Medicaid Eligibility

Medicaid eligibility is based on financial need. To apply for Medicaid, you must prove that your assets and income don’t exceed limits set by the government. Our elder law attorney will know how to apply for Medicaid so you can get the financial assistance you need for nursing home care. Medicaid insurance covers essential health care services.

Medicaid in Michigan

Each state (including Michigan) operates the Medicaid program locally through its social services department. This department determines Medicaid eligibility by setting limits for income and assets. Our attorney can help you fill out your Michigan Medicaid application and understand how Medicaid fits into your retirement planning.

How We Can Help

Our Norton Shores elder law attorney can help you determine your Medicaid eligibility so you can retire with peace of mind. To schedule your appointment with Medicaid attorney Douglas H. McPhail, call (231) 799-4994.

What is the difference between a Medicaid specialist and an elder law attorney?

The biggest difference between a Medicaid specialist and an elder law attorney is that Medicaid specialists are not lawyers. Likewise, elder law attorneys cannot call themselves “Medicaid specialists,” as this is not a designated law specialization.

What is a Medicaid Specialist?

A Medicaid specialist is a person or niche firm that specializes in establishing Medicaid eligibility, facilitating the application process, and even completing the actual application on behalf of the Medicaid recipient. Additionally, they can also take care of the time-consuming application follow-up and help see the Medicaid approval process through to a successful resolution.

Why Do You Need ANY Help to File for Medicaid?

The answer: Because, under certain circumstances, an expert can save you tens of thousands of dollars, if not hundreds of thousands of dollars.

What is an Elder Law Attorney?

An elder law attorney is a lawyer specializing in issues that affect the aging community. Elder law attorneys are experts in Medicaid and related issues, but their expertise extends to all broader issues related to elder care, aging, and the law – a wide-reaching, often complicated milieu of interrelated topics.

Can a nursing home help you with Medicaid?

But an assistant at the nursing home promises the added cost won’t be necessary; they’ll help with your Medicaid application. Money is tight as it is, Medicaid rules are clear, and the nursing home can help you for free.

Can an elder law attorney save you money?

If you plan to set up a trust, living will, transfer of assets , or other legal considerations related to a loved one’s Medicaid application, an elder law attorney can save you money. Lots of it. Often, elder law attorneys will employ in-house benefits specialists / Medicaid specialists, to help structure assistance and thus save you money. ...

What does an attorney do for Medicaid?

Seventh: The attorney will represent the client (s) before the Medicaid agency. Many Medicaid workers give clients and families wrong information. We see many mistakes that are not to the client’s benefit. For example, the agency will lose an application and tell the client to re-file with the result of loss of months of coverage. Your attorney will not allow that to happen.

How can the attorney help?

How can the attorney help? He can often avoid the cost and delay of probate court entirely by having the resident knowingly sign a power of attorney.

What does "spend down" mean in Medicaid?

Spend down means that the applicant has only $2,000 at the time of application. If an average suburban married couple follows the advice of most nursing homes they may spend over $100,000 at the nursing home before applying for Medicaid. The attorney should be able to help an average couple to save that $100,000.

How do attorneys charge for applications?

We might note that there are two ways attorneys charge for applications: 1) attorney asks for a retainer and bills hourly against the retainer; 2) a flat fee. Most clients prefer the latter since they know the fixed cost and the fee will be part of “spend down.”.

How long does it take to get a medicaid application?

A Medicaid application will be rejected without “documentation” of the current cash value of the asset. It can take four weeks to get the needed paperwork. When children help elderly parents, finding or recovering the documentation can be challenging and time consuming.

Should an attorney prevent a resident from being transferred out of a nursing home?

And a bonus, Eighth: The attorney should prevent the applicant/resident from being transferred out of a good nursing home, where he got post-hospital rehab, to a poor one that always has beds open because nobody wants to be there. We have prevented many such transfers and our clients stay at the good nursing home.

Who does and who should hire an attorney?

So who does and who should hire an attorney? It is the client who has significant savings in various institutions, a home and other “assets.” This person has much to lose. And, the need is doubly true if the client has a spouse. Clients do not hire an attorney to fill out a four to six page application. There is much more to do and much more to the value of the attorney’s work. Here are some considerations: