Most People Focus on Estate Plan Documents. Instead, Focus on Goals
So often, we meet with clients who want to “get a will” or “talk about trusts.” And we’re more than happy to talk about those
So often, we meet with clients who want to “get a will” or “talk about trusts.” And we’re more than happy to talk about those
Do you need a trust? Well, it depends.
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]
Medicaid only cares about your finances on a specific date.
Medicaid only cares about your finances on a specific 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]
Need proof that the Medicaid rules are confusing? Consider: an “asset” and a “resource” are not the same thing.
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]
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]
Medicaid is in charge of dividing the pie between you and your spouse.
The primary classification of assets under the Medicaid rules is whether an asset is countable or non-countable. But there’s a special class of resources that is both countable and non-countable – an exception to the general rule: the unavailable resource. [Read More]
Sometimes resources are both countable and non-countable at the same time.
Once you’ve disclosed all your resources to Medicaid, it’s up to the state to determine which ones are countable and which are non-countable. The term “non-countable resource” is defined quite narrowly. It only includes a very small list of specific assets that the federal government has said should be disregarded by the Department of Human Services. [Read More]
Non-countable resources are exempt – they’re not used to determine eligibility.
If you’re asking Medicaid to help pay for nursing home care for a loved one, you’ll have to tell the state about everything they own. Everything. It’s the state’s job to determine whether they’re eligible based on the value of those assets that are considered countable resources. [Read More]
Medicaid eligibility hangs on the value of your countable resources
Institutionalized. Sounds kind of scary, right? Fortunately, when we’re talking about Medicaid, saying someone is the institutionalized spouse really only means that they are the nursing home resident, the person who needs Medicaid coverage. [Read More]
Medicaid applies different rules to the institutionalized spouse. Find out here if that’s you.
If you’ve transferred assets within the lookback period, the state is going to assess an eligibility penalty period based on the value of all the transfers you made within that 60-month window. The penalty period can be calculated by dividing the value of that gift by the penalty divisor. [Read More]
Iowa’s penalty divisor changes every July 1. What’s a penalty divisor? Let me explain.
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