It is always helpful to have a “cheat sheet” on hand to quickly reference your state’s Medicaid planning figures when advising a new client or preparing a new case. However, while some figures you may use quite frequently, others may be referenced less often. As such, it is important to understand the meaning behind … Continued
A recent decision handed down from the New Jersey Supreme Court states that the institutionalized spouse maintains an interest in previously gifted property that has been returned only to the name of the community spouse. Breaking Down the Case Facts In a case out of Monmouth County, a married institutionalized applicant was denied Medicaid … Continued
When you have a senior client seeking Medicaid benefits, existing annuities can pose a problem. Certain annuities may be deemed a countable asset, while others may count as a divestment. In some cases, your client’s annuity may be sold on the secondary market, and they can use the resulting funds to purchase a Medicaid … Continued
As CEO of a wealth management firm and author of the book, “The Medicaid Roadmap,” many of my trusted referral sources are elder law and estate planning attorneys. One of the biggest frustrations attorneys report to me is how much time they spend qualifying whether a prospective client is a fit for their practice … Continued
In a recent case out of Massachusetts, a trial court held that MassHealth must be named the primary beneficiary on annuities purchased by the community spouse of a Medicaid applicant. Prior to this decision, practitioners relied on the Dermody decision to avoid naming the state as a beneficiary on Medicaid Compliant Annuities in Massachusetts … Continued
In a recent case out of Ohio, a Medicaid applicant was denied benefits because she owned two pieces of land valued over her resource limit. Despite being unable to sell the property, an Ohio appeals court affirmed the ruling. Let’s delve into Cowan v. Ohio Dept. Jobs & Family Servs. Read More: The … Continued
While many individuals may outlive their Medicaid Compliant Annuity (MCA) term, some may pass away before the contract term ends. So, what happens then? Well, it depends on a few important factors, including who owns the annuity, who is listed as the primary beneficiary, and what state you’re in. If you have a client … Continued
The Medicaid planning process, from developing a strategy that works for a specific case to assisting with the Medicaid application, often involves legal procedures and requires legal advice. That’s why we work specifically with attorneys on Medicaid planning cases and always recommend non-attorneys work with an attorney who is permitted to give legal advice. … Continued
In a recent case out of Minnesota, Pfoser v. Harpstead, the state Supreme Court affirmed the decision of the court of appeals, thus affirming the district court’s decision to reverse a transfer penalty imposed by the Commissioner of the Minnesota Department of Human Services on David Pfoser. Pfoser suffered from Parkinson’s disease and … Continued
When seeking Medicaid benefits, married couples have a lot to consider. Besides making sure they meet the eligibility requirements, you must also address the specific, and potentially uncommon, details of their case. For instance, you want to make sure you know about any previous care the institutionalized individual received, especially if it resulted in … Continued