How A Medicaid Planning Lawyer Can Help

Aging can be a difficult process, but it is much easier when your medical care is taken care of. Many people qualify for Medicaid, which can greatly assist families who are caring for an elderly loved one. It is crucial to ask for help if you are struggling. It is always important to speak with a lawyer who is able to communicate in your own language so that you can be certain nothing gets “lost in translation.” Continue reading to learn about some of the ways that an experienced Denver, CO Russian speaking Medicaid planning lawyer from Legacy Law Group can help you and your family.

What Happens If One Spouse Needs Care? 

Sometimes, only one person in a marriage needs assistance as they get older. Medicaid can feel overwhelming and confusing, as you really need to qualify for it financially. If only one person needs extensive care, you should speak with a Denver Russian speaking Medicaid planning lawyer to determine how to best go about this. Your lawyer will want to help you keep as many of your assets as possible without it affecting the spouse who will either continue to stay home by themselves, or stay home while the other partner gets in-home care covered by Medicaid. 

What Does Medicaid Cover? 

It can be confusing trying to determine what kind of rules and regulations are in place for something like Medicaid. It is important to speak with a Denver Russian speaking Medicaid planning lawyer if you are confused. Not only will your lawyer be able to help you better interpret this care, but your lawyer can also speak with you about the quality of life you and your family currently have, and possibly suggest ideas that will improve this for everyone. Medical care is crucial to living a long, full life. Do not let the confusion of a plan get in the way of this! Your lawyer will be well-versed in Medicaid rules, and can help you figure out the best lifestyle plan for you and your entire family. 

As a Denver, CO Russian speaking Medicaid planning lawyer can explain, planning for Medicaid eligibility while preserving assets is a complex and delicate process. Medicaid is a government program that provides healthcare coverage to low-income individuals, including long-term care services for seniors. To qualify for Medicaid, an individual’s income and assets must fall within specific limits. Here are ways in which a lawyer can assist you in planning to avoid spending down assets for Medicaid while ensuring that you meet the program’s requirements:

Medicaid Eligibility Assessment

A lawyer specializing in Medicaid planning can assess your financial situation and determine your current eligibility for the program. They will help you understand the income and asset limits specific to your state, as Medicaid rules can vary from one state to another.

Asset Protection Strategies

Medicaid planning lawyers are well-versed in legal strategies to protect your assets while still qualifying for Medicaid benefits. Some common asset protection techniques include:

• Irrevocable Trusts: Establishing an irrevocable trust can help shield assets from Medicaid’s asset calculations. Once assets are transferred into an irrevocable trust, they are no longer considered part of your countable assets for Medicaid eligibility purposes. However, this should be done well in advance of applying for Medicaid, as there is a look-back period during which any recent transfers may still be considered.
• Spousal Asset Protection: For married couples, a lawyer can help maximize asset protection through spousal strategies. The spouse who needs Medicaid may transfer assets to the other spouse to ensure that the non-applying spouse’s financial security is maintained.
• Personal Care Agreements: A Denver Russian speaking Medicaid planning lawyer can assist in setting up personal care agreements, also known as caregiver contracts, which allow individuals to pay family members or caregivers for services provided. This can be a legitimate way to spend assets down while receiving necessary care.
• Annuities: In some cases, the purchase of certain annuities can be a strategy for converting countable assets into income, which may help meet Medicaid income requirements.

Asset Valuation And Exemptions

An experienced lawyer can help you understand how Medicaid calculates the value of your assets. Some assets are exempt from consideration, such as a primary residence (in certain circumstances), personal belongings, and a limited amount of life insurance. Your lawyer can guide you in identifying exempt assets and valuing non-exempt ones accurately.

Medicaid Application Assistance

Medicaid applications can be complex and time-consuming. A Medicaid planning attorney can assist you in completing and submitting the application correctly to maximize your chances of approval. They will ensure that all required documentation and financial disclosures are accurate and complete.

Look-Back Period And Penalty Period

Medicaid has a “look-back” period during which any asset transfers made for less than fair market value are scrutinized. If such transfers are identified, a penalty period of ineligibility may be imposed. A Medicaid planning lawyer can help you navigate the complexities of the look-back period and assist in developing a strategy to avoid or minimize penalties.

Crisis Planning

In some situations, individuals may require long-term care or nursing home services urgently, and they haven’t engaged in Medicaid planning in advance. A skilled attorney can provide crisis planning to help protect as many assets as possible in these time-sensitive situations.

Consulting with a Denver Russian speaking Medicaid planning lawyer can be invaluable for individuals and families seeking to protect their assets while ensuring Medicaid eligibility for long-term care coverage. These attorneys have the expertise to develop tailored strategies that align with your financial goals and legal requirements. Medicaid planning is a complex area of law, and professional guidance from the team at Legacy Law Group Colorado can help you make informed decisions and safeguard your assets for future healthcare needs.

Contact Us Today

Reach out to the experienced Medicaid planning lawyers at Legacy Law Group today. The sooner you retain legal counsel, the sooner you will be able to start living your best life. Whether you need Medicaid for yourself or for a loved one, it is important to know what kind of care you are entitled to and how to best reap the benefits that are in place from the government. As long as the person who is seeking Medicaid assistance is above the age of 65, there is a chance that Medicaid could be a good option for you. There are certain criteria that you must meet in order to be eligible, however. Contact us today to learn more! Do not hesitate – it is not worth putting your health on hold. You should always try to get the best possible health care you are able, and we would love to see what would be a good solution for you.