Medicaid Planning In Lewis Center
Long-term care is often both expensive and necessary. When the time comes that you need assistance, you want to have a plan in place to pay for the care. That’s where Medicaid planning can help. Our Lewis Center Medicaid planning lawyer can help you qualify for the program without losing your assets. Then, you can still pass down assets to your beneficiaries without sacrificing care.
Initiating Medicaid planning at least five years before you anticipate needing care is crucial. Since the timing of when care will be necessary is uncertain, it’s wise to start as early as possible. Reach out to our Lewis Center Medicaid planning lawyer today for a free consultation and take the first step in securing your future care needs.
Medicaid Eligibility
Medicaid will review your application to determine your eligibility. To be eligible, you must:
- Be disabled or 65 or older
- Meet the asset requirements
- Meet the income requirements
Your Ohio Medicaid planning lawyer can help you meet the income and asset requirements. With the right strategy, you can transfer the assets and income out of your estate while still benefiting from it.
Medicaid Asset Protection Trusts
Medicaid asset protection trusts are a strategic tool for individuals aiming to qualify for the program, as assets transferred into the trust are removed from your estate and thus do not count toward Medicaid’s asset limit.
However, Medicaid enforces a five-year lookback period from the application date, scrutinizing any asset transfers made within the last five years, which could affect eligibility. Therefore, it’s crucial to consult with a Lewis Center Medicaid planning lawyer promptly to receive guidance and initiate the estate planning process early.
Medicaid-Compliant Annuities
If annuities are part of your income, it’s essential to ensure they are Medicaid-compliant to prevent them from being included in your income and asset calculations. Medicaid-compliant annuities must be non-transferable, fixed, and structured to last only for your lifetime.
Additionally, they should be arranged so that any remaining funds are directed to the state of Ohio upon your passing. To incorporate Medicaid-compliant annuities into your estate plan effectively, consulting with our Lewis Center Medicaid planning lawyer is crucial for proper setup and compliance.
Income And Asset Limits
It’s important to regularly check the Medicaid website for the most current income and asset limits, as these can change over time. As of 2021, individuals must have an income below $2,382 per month and assets less than $2,000 to qualify for Medicaid. For couples applying together, the income limit is $4,764 per month, with an asset limit of $3,000. Even if you exceed these limits, an Ohio Medicaid planning lawyer can provide valuable assistance. They can help you explore options like irrevocable trusts and other strategies to help you qualify for Medicaid.
What’s Considered Income?
The government regards all forms of received money as income, such as pensions, social security payments, and stock dividends. If you’re uncertain about your total income, it’s advisable to consult with an attorney. Our Lewis Center Medicaid planning lawyer can thoroughly examine your financial situation and develop strategies to help you qualify for Medicaid.
7 Medicaid Myths in Ohio
Myth 1: You Must Give Up All Your Assets to Qualify for Medicaid
Ohio Medicaid eligibility does not require depleting all your assets. Although strict asset limits exist, there are legal ways to protect your assets and qualify for Medicaid benefits with a proper Medicaid plan.
With the help of an experienced Ohio elder law attorney, you can preserve assets and avoid spend-downs and home liens, ensuring your assets remain yours to control. We know how much you have invested in your future and will help ensure that you — not the government – choose what happens to your assets.
Myth 2: Transferring Assets to Loved Ones Disqualifies You from Medicaid
Asset transfers are indeed subject to strict Medicaid rules. However, using proper Medicaid planning strategies, you can transfer them within the allowable time frame. You can achieve Medicaid eligibility without risking your loved ones’ inheritance.
Ohio requires a five-year “look-back period,” meaning that transfers made within five years of your Medicaid application may incur penalties. That’s why it is never too early to start your Medicaid planning. A proactive approach ensures your preparedness and protection when you need long-term care.
Myth 3: You Must Sell Your Home to Qualify for Medicaid
Let us put your mind at ease: the prospect of losing your home to qualify for Medicaid is largely a myth. Medicaid often considers a primary residence an exempt asset, allowing you to simultaneously retain your cherished home and Medicaid benefits for long-term care. The only catch? The home equity value must remain under a designated threshold, and you must show a desire to return to the residence if your health permits.
If you’re single, the home exemption applies to you as long you maintain your primary residence. Married couples can take advantage of an unlimited home exemption if one spouse continues to live in the home. Medicaid offers additional provisions for those caring for disabled children.
Are you feeling overwhelmed? An Ohio elder law attorney with experience in Medicaid planning can help you navigate the Medicaid rules and your unique circumstances to ensure your beloved home remains safe and sound.
Myth 4: If You Have Medicare, You Have Coverage for All Your Healthcare Needs
Many people wrongly believe that Medicare covers all their healthcare needs. However, while Medicare covers many services, it only covers the cost of long-term care for 100 days—if the person enrolled in Medicare meets specific requirements.
Conversely, Medicaid covers long-term care services for those who qualify, a vital resource for seniors who require ongoing care.
Myth 5: If You Receive Medicaid, Your Spouse Will Lose Everything
Ohio’s spousal impoverishment rules safeguard your loved one’s financial stability. They are designed to protect the well-being of the “at-home” partner when their spouse needs long-term care. These regulations allow the community spouse to hold onto a specific portion of income and assets, ensuring they’re well-supported while their partner benefits from Medicaid.
Don’t navigate this complex process alone. Our experienced Lewis Center, Ohio, Medicaid attorney can share savvy asset transfer advice to avoid Medicaid penalties, provide income allocation assistance to maintain the community spouse’s quality of life, and offer individualized estate planning strategies, including wills, trusts, and power of attorney documents.
Myth 6: Ohio Medicaid Only Covers Nursing Home Care
Ohio’s Medicaid program is a comprehensive care solution for eligible seniors, offering home and community-based service waivers and traditional nursing home coverage. The PASSPORT waiver program helps preserve assets and independence by providing long-term services seniors need without resorting to institutionalization. However, without proactive planning with the help of our experienced Lewis Center Medicaid attorney, you could face high long-term care costs, expensive spend-downs, or loss of assets.
Myth 7: After You Die, Medicaid Will Seize Your Home
Ohio’s Medicaid Estate Recovery Program seeks to recover funds from deceased individuals who received benefits. However, creating a trust can safeguard your family home and assets against possible recovery attempts. To ensure proper protection, consult an experienced and knowledgeable Lewis Center Medicaid attorney about your estate planning needs and goals.
