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Eight Medicaid Mistakes to Avoid

  1. Thinking it’s too late to plan
    It’s almost never too late to take planning steps, even after a senior has moved to a nursing home.
  2. Giving away assets too early
    First, it’s your money (or your house, or both). Make sure you take care of yourself first. Don’t put your security at risk by putting it in the hands of your children. Precipitous transfers can cause difficult tax and Medicaid problems as well.
  3. Ignoring important safe harbors created by Congress
    Certain transfers are allowable without jeopardizing Medicaid eligibility. These include: transfers to disabled children, caretaker children, certain siblings and into trust for anyone who is disabled and under age 65; a transfer to a "pay-back" trust if under age 65; and a transfer to a pooled disability trust at any age.
  4. Failing to protect the spouse of a nursing home resident
    These protections include the purchase of an immediate annuity, petitioning for an increased community spouse resource allowance, and in some instances petitioning for an increased income allowance or refusing to cooperate with the nursing home spouse’s Medicaid application.
  5. Applying for Medicaid too early
    This can result in a longer period of ineligibility in some instances.
  6. Applying for Medicaid too late
    This can mean the loss of many months of eligibility.
  7. Not getting expert help
    This is a complicated field that most people deal with only once in their lives. Tens of thousands of dollars are at stake. It’s penny wise and pound foolish not to consult with people who make their living guiding clients through the process.
  8. Not knowing the difference between lifetime liens and estate recovery
    There are a number of exceptions to lifetime liens on property, but for estate recovery there is only a deferral for a surviving spouse and a hardship waiver.

Get the answers you need now:
You may want more specific answers. You can “Ask an Elder Lawyer” or call 877-ELDER-45 and get the help you need. There is no cost or obligation.

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