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Your Financial Stability Could Be At Risk
Long-term
care is defined as a stay of 90 days or longer in a nursing home, convalescent care facility, or similar facility. Long-term care goes
beyond medical care and nursing care to include all the assistance
you could need if you ever have a chronic illness or disability that
leaves you unable to care for yourself over an extended period of
time.
The annual
cost of nursing home care averages $54,000. These costs can be expected
to rise. Combine this with the average nursing home stay of 30 or
more months, and it's easy to see how high nursing home costs and a
lengthy stay could rapidly deplete your assets.
Medicaid allows you to spend
down your assets on any item for your own benefit. In some states, you can
reduce debts - buy clothing, a television, a wheelchair, or a walker - put a new
roof on your home, or buy a car for your own use.
You may also convert
countable assets to non- countable assets. For instance, you may buy a burial
plot, create a prepaid burial fund, purchase an annuity, remodel your home, buy
new furniture or pay off your mortgage. You may also be able to obtain a fair
hearing appeal to qualify for Medicaid without spending down
assets.
In many cases, people may
end up disposing of what they've worked hard to accumulate, spending frivolously
or leaving a spouse or family member with relatively little savings on which to
live. By learning what assets are counted for eligibility in your state and
examining your state's Medicaid eligibility requirements and other long-term
care funding options, you can make informed choices that can help preserve your
assets and protect your family's future.
When you apply for benefits
your assets will be reviewed to determine if you're eligible. Each state has
different restrictions.
- Income Cap
Some states set monthly income limits, or " Caps,"
for persons entering nursing homes. Texas is an income-cap state and if your
gross monthly income exceeds the established limits, you will not qualify for
Medicaid even if all assets are depleted.
If you live in an income-cap state and your income
exceeds your state's income limits, there are steps you may take to satisfy the
restrictions, such as establishing a Qualified Income Trust or popularly known
as a Miller Trust.
- Spend
Down
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- Most state have spend down
provisions, and eligibility is primarily dependent on the amount of your assets.
Assets are counted jointly for married couples, and each state has stringent
restrictions on the amount of countable assets you can own. When you apply for
Medicaid, your assets are classified as either countable or non-countable.
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Countable Assets - Considered in determining
eligibility. |
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- Non-Countable Assets - Not
considered in determining eligibility. Non-countable assets are some times
referred to as exempt.
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What Types Of Assets Are Non-Countable?
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Principal residence with home
equity restrictions. |
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Individuals - The principal residence is exempt as long
as the equity value is within limits and you specify on your Medicaid
application that you intend to return home when your health improves.
Unfortunately the Medicaid Estate Recovery Program may effect your home at
death. |
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Married couples - The principal residence is not counted if your
spouse still lives there and the home equity is within the limits.
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One car of any
value for a married couple. |
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Household goods and personal
effects of any value. |
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Prepaid burial plots
(irrevocable). |
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All whole life insurance
policies with a total cash value of $1,500 or less. |
Elder Advisory Services
is the Medicaid Planning services of Peter G. Milne, a consulting elder
law firm that assists in the Medical Assistance Program, commonly referred to as
Medicaid, as well as comprehensive estate and tax planning and wealth
preservation.
Since 1995 we
have successfully provided individualized services to seniors and their family
members and assistance in understanding options to meet their needs. We
particularly focus our attention in estate preservation planning and assessing
your current situation in light of the established Medicaid guidelines.
Contact
Richard Hicks today at (903) 526-4600 or
complete our Request for Information form below. Ask how we may be able to help your family as
you plan for their (or your) long term care needs.
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