The Road To Medicaid Eligibility
When most people enter a nursing home they are not eligible for nursing home Medicaid benefits.
Perhaps they are over the income limit, in many cases they are over the asset limit, and in other cases they may face Medicaid penalties from gifts they made in the last 5 years. This is where your Woodlands Elder Law Attorney can make the difference. The key to a successful Medicaid case is addressing and resolving these factors on your terms instead of giving control over your parent's life savings to someone else.
When your parent entered a nursing home they already started down the road to Medicaid eligibility, the question you have to ask is who is driving?
Within a few months we went from panic on how to proceed to breathing a huge sigh of relief. My mother is getting great care she can afford and it would not of happened without Richard Shea.
Are You Eligible For Nursing Home Medicaid?
Texas Nursing Home Medicaid has a bunch of eligibility factors you have to prove before you can win your case. Here we are going to look at three of the biggest ones which usually trip people up when applying for Medicaid.
Are You Under The Income Limit?
In order for a Medicaid applicant to be eligible in terms of their income, they must not receive more than $2,199 in income each month. If your loved one is over this limit under no circumstances will they be found eligible for nursing home Medicaid. There is a way around this income limitation however, the Miller Trust. The Miller Trust is used only for Medicaid applicants that are over the Medicaid income eligibility limit.
From our first contact, Mr. Shea treated me as if I were a family member and he quickly coordinated my mother's care
Are You Under The Asset Limit?
In order for a Medicaid applicant to be eligible in terms of resources, they must not have more than $2,000 in counted resources. If your loved one is over this limit, then contact me to learn how to protect their assets before everything is spent on nursing home costs.
If you are the spouse of a Medicaid applicant, the default rules allow you to generally keep half of your resources. There is a minimum of $23,844 and a maximum of $119,220. This does not mean you can everything up to $121,220 ($119,220 + $2,000). For example, if you have $75,000 in counted resources, under the default rules you will only be able to keep approximately $37,500. The rest will go to the nursing home.
If you work with me, odds are that you could protect a lot more than what the State of Texas will give you and in many cases a spouse is able to protect everything with the proper strategy. It is my goal to avoid any spend down of assets and to preserve the financial security of the Medicaid Applicant’s spouse. Here are some examples of what I have helped families achieve.
I cannot say enough good things about how Rich Shea helped me with the process of getting my father to qualify for Medicaid. I've hired a couple of other lawyers before and never received the response I received from Mr. Shea
Don't Have Any Penalties
A penalty is imposed for every transfer of assets by a Medicaid applicant or his or her spouse in the last five years. If your loved one has a penalizing transfer or event in the last five years (even those gifts the IRS does not tax each year) then they will not be eligible for Medicaid benefits until the penalty period expires. If this applies in your case, doing nothing about it until the money runs out is one of the worst things you can do. Speak to me today about how we can minimize the damage from previous gifts and transfers.
I Create Medicaid Eligibility
One of the most important things I do is to create and accelerate nursing home Medicaid eligibility.
- If your parent or spouse is over the income limit, I can fix that.
- If your parent or spouse is over the asset limit right now, I can protect their assets and get them under the limit.
- If your parent or spouse has made gifts and may have a Medicaid penalty, I can minimize the damage and get Medicaid as soon as possible.