State Variations in Defining the Unauthorized Practice of Law in Medicaid Planning

State Variations in Defining the Unauthorized Practice of Law in Medicaid Planning

  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

How Does Medicaid Determine the Snapshot Date?

  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

Michigan Update: Change to Treatment of SBO Trusts Now Official

  If you’ve been following along with the Krause blog, you may already be aware that Michigan is a unique state in terms of how they treat transfers of assets for the sole benefit of the community spouse. In particular, the state’s Medicaid manual, the Bridges Eligibility Manual (BEM), did not distinguish between the viability … Continued

The Attorney’s Guide to Completing the Medicaid Application

  At the end of every Medicaid plan comes the Medicaid application. Although each state has its own application, the overall process for filling it out remains consistent. Let’s dig into the process of preparing and completing the Medicaid application, including the importance of full disclosure and timing. Choosing the Applicant The first step is … Continued

How Does a Reverse Mortgage Affect Medicaid?

  Do you have clients who are considering a reverse mortgage? If so, it’s important for you to understand how reverse mortgages can impact Medicaid eligibility so you can advise them accordingly. Let’s explore this estate planning product and discuss some options for using reverse mortgages while still qualifying for benefits. What is a Reverse … Continued

How to Spend Down Retirement Accounts for Seniors in Texas

  When spending down for Medicaid eligibility, retirement accounts can pose a problem. Although IRAs are exempt in some states, they are considered countable assets in other states. In Texas, IRAs were previously considered countable, unless the account was in an annuity, but are now exempt as long as the account owner is taking their … Continued

What to Consider When Choosing an MCA Provider

  As you navigate long-term care planning with your senior clients, you have some important decisions to make. And one of those decisions is choosing a trustworthy partner to support you with products, services, and education designed to guide you through the long-term care planning process. In order to help you make an informed decision, … Continued

When Does the Medicaid Penalty Period Begin?

  Do you have a client who has made an ineligible transfer, or divestment, during the last five years but is looking to qualify for Medicaid benefits? If so, it’s important for you to understand when the penalty period starts as well as what makes your client “otherwise eligible” for benefits. What’s Considered a Divestment? … Continued

How to Use the “Name on the Check Rule” for Medicaid Planning with IRAs

  When Medicaid planning, it can be difficult to develop a clear-cut plan that works for your client’s specific situation. Fortunately, we provide multiple different strategies and solutions designed for unique cases, even those involving the spend-down of trouble assets, such as an IRA. One of these strategies involves the “Name on the Check Rule,” … Continued