Category: Long Term Care Planning/ Medicaid Planning

Is My Old Financial Power of Attorney Still Good?

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In May 2012, Ohio’s version of the Uniform Power of Attorney Act became effective, which made many older financial power of attorney forms ineffective.

A Financial Power of Attorney gives an individual of your choice the authority to make financial decisions and perform financial transactions on your behalf.

Without an effective Financial Power of Attorney in place, should you become incompetent, a loved one would have apply to become a court appointed guardian to assist you with your finances. The court process to be appointed guardian generally takes a minimum of a month and a half and … Read the rest

Actions that a Married Couples Must Take After Qualifying for Medicaid

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When a married couple is facing a health crisis for one spouse, there is a myriad of issues to sort through.  What care will be needed? Where will care be provided? How will it be paid for?

Medicaid is a government program that pays for long term care.  Oftentimes, the couple will utilize Medicaid for the spouse facing long term health care needs. There are rigid resource and income requirements to qualify for Medicaid and planning options available that are beyond the scope of this post, but have been discussed in other blog posts on this site, including http://www.perlalaw.com/medicaid-planning-with-annuities-for-married-couples/Read the rest

Child Support and Special Needs Children: The importance of a special needs trust when parents of special needs children are getting divorced or establishing a child support order.

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Individuals with special needs may be eligible for government assistance programs like SSI and Medicaid.  SSI is intended to provide financial assistance for food and shelter and Medicaid provides health insurance coverage. Child support payments impact eligibility for these programs and the establishment of a special needs trust when the child becomes an adult can be critical to maximizing child support payments and government benefits for the child.

When the child is a minor and receiving SSI:

When a minor is residing with a parent, his parent’s financial resources are taken into… Read the rest

When Can a Resident of a Rehab Facility, Assisted Living or Nursing Home be Denied Medicare Coverage?

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Medicare covers the cost of skilled nursing for twenty days and then eighty additional days on a co-payment basis for a total of one hundred days of coverage. However, sometimes a patient will be told by a facility that they do not qualify for skilled nursing under Medicare and that their benefits are being terminated early.

What is the appropriate standard for terminating coverage?

An important court decision was made in January 2013 in the Vermont case of Jimmo v. Sebelius. In that case, a lawsuit was settled between the Center for Medicare Advocacy (CMA) and Medicare contractors which dealt… Read the rest

4 Medicaid Traps- Mistakes to Avoid

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Medicaid covers the cost of long-term care, be it in a nursing home, assisted living community or care at home, if certain eligibility requirements are met.  Due to the skyrocketing costs of long-term care, many people who need long-term care will need to consider Medicaid. Medicaid mistakes are common and can be devastating for a family. The following is a summary of the most common Medicaid mistakes to avoid.

  1. Not Considering Early Planning Options

Medicaid has a five year look back period. That means that when a person makes a Medicaid application, the state will look back five years for any… Read the rest