Discover published sets by community

A strategy where one spouse refuses to financially support the other in order to reduce the latter's assets and income, qualifying them for Medicaid. Legal considerations include potential recovery actions by the state against the refusing spouse and varying acceptability across states.

Trusts designed to hold assets in a way that helps an individual meet Medicaid asset limits. Legal considerations include the strict federal and state regulations that govern these trusts, particularly concerning their irrevocability and beneficiary control.

Emergency measures taken when an individual suddenly needs Medicaid benefits, typically when entering a nursing home. Legal considerations include quick asset restructuring and understanding immediate need requirements.

A planning technique where the Medicaid applicant retains the right to live in their home (life estate), while the remainder interest is assigned to someone else. Legal considerations include potential penalties during the look-back period and estate recovery.

Holding assets jointly with children or other family members as a Medicaid planning strategy. Legal considerations include the impact on eligibility, potential transfer penalties, and risks if the co-owner faces legal/financial difficulties.

A strategy that involves transferring assets to a disabled child without incurring a Medicaid penalty. Legal considerations include the child’s Medicaid eligibility and proper documentation to prove disability.

Legally-binding contracts between the Medicaid applicant and a service provider, often a family member, stipulating personal care services in exchange for compensation. Legal considerations include adherence to market rates, formal caregiver responsibilities, and potential impact on Medicaid eligibility.

A financial instrument allowing a homeowner (usually an elder) to draw on the equity of their home, receiving funds that do not count as income for Medicaid. Legal considerations include understanding the impact on the estate and the surviving spouse.

A financial review process used by Medicaid to find improper asset transfers made within a specified period preceding the Medicaid application. Legal considerations involve penalties, disqualification from Medicaid for a period, and proper documentation of asset transfers.

A trust allowing individuals to become Medicaid eligible by pooling their excess income with other beneficiaries to pay for care-related expenses. Legal considerations include the trust’s compliance with the law, the non-profit status of the managing organization, and the beneficiary's age.

The process for appealing a Medicaid eligibility or service decision. Legal considerations include strict timelines, providing evidence, and the potential for court involvement if the appeal is denied.

Identifying and structuring assets that are exempt from being counted for Medicaid eligibility. Legal considerations include understanding which assets are exempt, such as primary home, personal belongings, and certain types of vehicles.

A trust created to benefit a disabled individual without affecting their Medicaid eligibility. Legal considerations involve the trust's structure, ensuring it complies with federal requirements, and the use of trust funds exclusively for the beneficiary's benefit.

Federal laws that provide certain protections for the spouse of a Medicaid applicant, allowing them to keep a portion of the couple's assets and income. Legal considerations include the Community Spouse Resource Allowance (CSRA) and the Minimum Monthly Maintenance Needs Allowance (MMMNA).

A Medicaid planning strategy where an individual sets aside money in a designated account for burial expenses, which is not counted towards asset limits. Legal considerations include the cap on the exclusion amount and the need for proper account setup.

Using promissory notes or loans to convert lump sums into a stream of income for Medicaid planning purposes. Legal considerations involve the requirement that the notes be actuarially sound, have a set repayment term, and be non-cancellable.

An annuity that converts assets into income to help individuals qualify for Medicaid by reducing countable assets. Legal considerations include ensuring the annuity is irrevocable, non-assignable, actuarially sound, and provides equal payments.

A formal contract between the Medicaid applicant and a caregiver that compensates for care provided. Legal considerations include the need for the agreement to reflect fair market value for services and potential scrutiny during the Medicaid application process.

A type of trust designed to help individuals qualify for Medicaid by directing income to the trust, which does not count towards Medicaid's income eligibility limit. Legal considerations include the irrevocability of the trust and compliance with state and federal guidelines.

The process through which the state attempts to recoup benefits paid to the Medicaid recipient after their death. Legal considerations include exemptions, liens on property, and the ability to file for hardship waivers.

Waivers that allow states to provide services to individuals in home or community settings rather than institutional care. Legal considerations involve eligibility requirements and the variety of services covered by waivers.

A trust set up to protect assets from being counted for Medicaid eligibility. Legal considerations involve irrevocability, trustee powers, and potential penalties for early withdrawal.

The coordination of Long-Term Care insurance with Medicaid planning to protect assets while ensuring care needs are met. Legal considerations include understanding benefit triggers and policy exclusions.

Strategy of giving away assets to meet Medicaid asset limits. Legal considerations involve the look-back period, potential penalties, and exempt transfers (such as to a spouse or a disabled child).