Gifting and the Medicaid Penalty
Once again, a recent New Jersey court case has highlighted the dangers of do it yourself Medicaid planning. In the case in question, C.W. v. New Jersey Division of Medical Assistance and Health Services, 90 year old C.W. moved into a nursing home in 2007. She then transferred her
Why Won’t the Government Cover My Care?
It’s a comment we get frequently when someone calls our office just after getting sticker shock at the cost of their loved one’s long term care. Some get angry upon hearing that, if they have assets but no long term care insurance coverage, they’ll need to use their own
Family Caregiver Agreements – Acceptable? (Part 2)
Last week we were discussing family caregiver agreements in light of a recent New Jersey Appellate court decision, E.R. v. DMAHS. In that case, Mom and Daughter entered into a caregiver agreement while Mom was living in Daughter’s home. Mom eventually entered a nursing home and applied for Medicaid.
Family Caregiver Agreements – Acceptable?
When having a conversation about long term care and qualifying for Medicaid, every so often the topic turns to paying a family member to care for Mom or Dad. Is it a permitted Medicaid spend down? In many cases the discussion occurs after the services have already been provided
Qualified Income Trusts Revisited (Part 2)
Last week I said I would share with you my experiences filing applications with Qualified Income Trusts (Miller Trusts) which are required when an applicant has income over Medicaid’s strict income cap ($2199 for 2015). The rules are very technical. Income can’t be split. If I receive $1500 from
Qualified Income Trusts Revisited
It has been 7 months now since New Jersey eliminated its Medically Needy Medicaid program and as a result brought back Miller trusts. I detailed the changes in my posts of October 13 and October 20, 2014. The changes actually went into effect December 1, 2014. How have these changes
Planning Before the First Spouse Dies (Part 2)
Last week I was telling you about Mary’s call. Her mom is in a nursing home paying $11,000 per month and her sister, Terry is in a group home. Mary doesn’t want to spend down all of Mom’s assets towards her care. She wants to be able to save
Planning Before the First Spouse Dies
Mary called because her mom was in a nursing home paying $11,000 per month. Her sister, Terry, disabled and living with Mom for many years, had her own health problems and was now living in a group home. I asked about her mom’s finances. Mary told me she owned
The Problem with IRAs – The Solution
So, what is the solution to Bill’s IRA problem from last week? He has $1.2 million in IRA money and doesn’t want to risk losing it all to long term care if he gets sick. But protecting it by moving it to a trust will cause him to pay
The Problem with IRAs – Part 2)
Last week I was explaining the problem with IRAs and long term care. If you need care at $125,000 per year or more but want to protect your IRA, what are your options? It’s always easiest to illustrate by way of an example. Bill has an IRA worth $1.2