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Orange City Estate Planning Blog

Watch Your Language: Trust

One of the most common questions I hear during our Mutual Interviews is, “Do I need a trust?” And the typical lawyer answer is, “It depends.” In order to answer that question, we need to start by defining what a trust actually is. [Read More]

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Watch Your Language: Snapshot Date

When you first submit a Medicaid application for nursing facility care (and Elderly Waiver, in Iowa), DHS takes a “snapshot” of your financial status as of the date you first moved into the nursing home. This is called the “snapshot date.” [Read More]

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Watch Your Language: Asset

In the Medicaid world, the term “asset” is used when discussing Medicaid’s transfer penalty rules. As a result, “asset” includes both income and resources. [Read More]

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Watch Your Language: Resource

The third test in the Medicaid application process considers whether the applicant has too many resources. But what is a resource?[Read More]

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Watch Your Language: D.R.A.

In 2005, Congress passed legislation which, among many, many other things, changed the way a Medicaid applicant’s resources and past transfers are considered. This bill is called the Deficit Reduction Act of 2005 and was signed by the President on February 8, 2006.[Read More]

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Watch Your Language: Income

The Medicaid definition of “income” comes from federal law and reads as follows: Income is “[a]nything a person receives either in cash or in kind that can be used to meet the person’s basic needs of food, clothing, or shelter.” [Read More]

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Watch Your Language: Attribution

Here’s how the Iowa Medicaid manual describes an attribution: “When one spouse enters a medical institution or applies for a home- and community-based services waiver, […] resources are attributed to the ‘community spouse’ to protect sufficient resources for the community spouse’s maintenance.” What does that mean in normal english? [Read More]

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