Connecticut Estate Planning Attorneys Blog
Are you thinking of moving close to your child’s home? Close…as in an in-law apartment or addition?
Many people in their later years decide to downsize and give money to an adult child for building an addition onto the child’s home.
Articles Posted in Medicaid & Medicare
Medicaid: Don’t Try This At Home
By Kathleen Michalak
“Live long and prosper” is a blessing made famous by the TV series Star Trek.
But living a long life can be a mixed blessing, when care needs increase, and finances decrease.
When assets are depleted, Medicaid is a safety net you want to look into. It often covers the cost of long-term care either in nursing homes or in the community. Continue reading
Warning: Medicaid Eligibility Varies from State to State
By Lara Schneider-Bomzer
Have you ever been on the phone with a friend living in another state and the topic of long term care health needs comes up?
- Your friend in New York tells you that she has a neighbor who immediately received Medicaid home care benefits after transferring all her assets out of her name. She says that her neighbor created no penalty period of ineligibility by doing this.
- When you get off the phone, you think that you should speak with your daughter about transferring your assets since you could use some help paying for the home care that you need. After all, Connecticut law must be the same as New York law, right? Continue reading
Beware of Medicaid Asset Transfers: You Could Find Yourself in Court
In 2013, a new statute went into effect that can enable nursing facilities to sue you or your family for outstanding debts.
What could this mean for you?
It means that when you are considering making transfers or gifts a part of an asset protection plan, or in anticipation of applying for Medicaid, you run a higher risk of finding yourself facing nursing home litigation.
The statute outlines that the nursing facility can collect on the debt providing:
- The resident was subject to the assessment of a penalty period, which is a period of Medicaid eligibility imposed by the Department of Social Services;
- The debt recovery does not exceed the fair market value of the transferred asset at the time of transfer;
- The asset transfer that triggered the penalty period took place not earlier than two years prior to the date of the resident’s Medicaid application; and
- The nursing facility is only permitted to bring an action against the transferor or the transferee. Note that a conservator who transfers income or principal with the approval of the probate court is not subject to liability under this statute.
If, on the other hand, the nursing facility is successful in its lawsuit, Continue reading
Czepiga Daly Pope & Perri Scores Another Win for Medicaid Clients
Last month the Connecticut Supreme Court handed down a favorable decision in a case argued by attorney Carmine Perri of Czepiga Daly Pope & Perri.
Why this matters
For married couples who intend to apply for Medicaid for one of the spouses, it is now possible to protect as much of the ill spouse’s income as is necessary for the healthy spouse to remain safely in the community , even if it exceeds the Medicaid cap.
How to Apply for Medicaid (Hint: You’ll Need Big Binder Clips)
In a recent post we talked about the eligibility requirements for Medicaid and the various Medicaid planning strategies.
But how do you actually apply for Medicaid?
If your situation is simple – say you have one bank account, never been married, don’t own a home and you live on your Social Security check – it’s a matter of filling out the application and sending it to the Department of Social Services with some basic documentation.
That situation is rare, however.
Many of us have a much more complicated lifestyle and portfolio. And when this is the case, you have to be extremely careful when applying for Medicaid. Continue reading
Proposed Budget Could Prevent You From Getting Home Care in Connecticut
Governor Malloy has revealed his new budget plan to reduce a deficit close to $1.7 billion. The plan includes cuts designed to freeze the number of recipients of who may be eligible for the “Category 2” Connecticut Home Care Program for the Elders. These are recipients who need care at home, but whose asset levels exceed Medicaid eligibility requirements.
Under the Governor’s plan, the current 2,500 slots would be frozen by June 30th. If anyone were to leave the program after that, then a new person could enroll. Continue reading
