Spring Is Here So Update Your Estate Plan to Reflect Life Changes

estate plan lawyer New JerseyWhether you are looking to create an estate plan for the first time or want to update an existing plan, Spring is an ideal time to meet with an estate planning lawyer to address your current legal needs and protect your legacy for the future. In this article, we have listed a few important areas of your estate plan to review and update as necessary this Spring. Continue reading “Spring Is Here So Update Your Estate Plan to Reflect Life Changes”

Utilizing A Pre-Paid Irrevocable Funeral Contract (or Trust) To Qualify For Chronic Care Medicaid

using a pre-paid irrevocable funeral trust to qualify for medicaidWhen an individual is entering a skilled nursing facility, it may be necessary to complete an application for Chronic Care Medicaid. A skilled nursing facility may cost anywhere from $15,000.00 to $25,000 per month, which can quickly lead to the depletion of available resources. Medicaid is a need-based program that assists with the cost of care in a skilled nursing facility. To qualify for Medicaid, an individual must meet certain asset and income requirements. Continue reading “Utilizing A Pre-Paid Irrevocable Funeral Contract (or Trust) To Qualify For Chronic Care Medicaid”

Do Not Use Funds from an Irrevocable Trust to Cover the Cost of an Assisted Living Facility

New Jersey irrevocable trust lawyerOftentimes, individuals will put the proceeds from the sale of a house into an irrevocable trust.  When the time comes, an elderly person may move into an assisted living facility, which can be expensive. A trustee of an irrevocable trust may look to use the funds in an irrevocable trust to cover the cost of the assisted living facility. However, the money in an irrevocable trust should not be used to pay for care in an assisted living facility.  The reason being is that an irrevocable trust is only exempt for Medicaid purposes when there are no principal distributions being made to a grantor or in this case to an assisted living facility on an individual’s behalf because doing so would violate the terms of a trust.

Continue reading “Do Not Use Funds from an Irrevocable Trust to Cover the Cost of an Assisted Living Facility”

Transfers of Assets Affect Medicaid

New Jersey Medicaid planning lawyerIf a Medicaid applicant is married and his or her spouse resides in the primary residence, then the home is an exempt resource. The spouse is entitled to keep resources of $120,900. The applicant must have less than $2,000. Any additional resources above these limits must go toward the cost of his or her nursing home care. If the applicant has a spouse, he or she may retain a portion of the other spouse’s income under certain circumstances.

Continue reading “Transfers of Assets Affect Medicaid”

Evaluation Time: Have An Advocate Present

A home evaluation is conducted by a Managed Long Term Care Company (MLTCC) after an individual has been approved for Community Medicaid by the Department of Social Services. The evaluation process can be complex and may result in difficulty due to the MLTCC failing to award a Medicaid recipient with sufficient hours. An evaluation by a MLTCC is extremely important, because it is the determining factor for which benefits a recipient is entitled to through the Medicaid program

Continue reading “Evaluation Time: Have An Advocate Present”

New Jersey Medicaid Penalty Divisor Increased For Gifts

In order for an applicant to eligible for long term care Medicaid in an assisted living facility or nursing home, there is a five-year look back period. This means that all financial records as well as any gifts made during the previous five years must be disclosed to Medicaid. In accordance with New Jersey law, if an individual or spouse made any monetary gifts over the course of the five years prior, then Medicaid would impose a gift penalty.

Continue reading “New Jersey Medicaid Penalty Divisor Increased For Gifts”

Understanding Medicaid Terms

Medicaid is a state and federal program that provides health insurance for millions of Americans, including low-income adults, children, pregnant women, elderly adults and people with disabilities. States administer Medicaid to eligible individuals, according to federal requirements. The program is a state- and federally-funded program.

When reviewing a Medicaid enrollment or renewal application there will be several terms that will be crucial to understanding how an individual may be eligible for Medicaid services. The terms, “resources,” “income,” “’set aside’ costs,” and “spousal refusal,” are defined below and should be utilized as a resource for those seeking Medicaid eligibility and renewal.

Continue reading “Understanding Medicaid Terms”

New Jersey Looks to Expand Medicaid Waiver Program

NJSpotlight.com is reporting that the state of New Jersey is seeking permission from the federal government to expand its Medicaid waiver program for another five years. The program, which began four years ago and is expected to operate until June 2017, is currently being provided to Medicaid patients who are receiving long-term care and other services. Continue reading “New Jersey Looks to Expand Medicaid Waiver Program”

Medicaid Divorce and Asset Protection

As more elderly couples face the need for significant medical care, they are also looking to protect their assets in the event one of them becomes incapacitated and requires nursing home care. This has spawned a new term: “Medicaid divorce.”

Continue reading “Medicaid Divorce and Asset Protection”