The Child Caretaker Exception

By Jill Roamer, JD, CIPP/US on Feb 5, 2019 10:55:00 AM

adult care giver

Most states have a child caretaker exception to their Medicaid transfer rules.  An elderly parent can transfer their home to an adult child who lived in the home with their parent for the two years prior to that parent entering into a nursing home. Such a transfer of the home would not violate Medicaid look-back rules.  The child must have provided care to that parent that allowed the parent to remain in the home for those two years, instead of the parent needing institutionalized care during that time.  A child, for the purposes of this rule, must either be a biological or adopted child.  Other relatives – stepchildren, grandkids, nephews, etc. – do not qualify. The purpose of this rule is to help keep elderly folks out of a nursing home for as long as possible. 

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Tools to Run a Virtual Law Practice

By WealthCounsel Staff on Feb 1, 2019 12:59:22 PM

virtual-practice-toolsWith the ability to learn almost anything and buy whatever you want at your fingertips, it’s hard to fathom that the internet’s role in our daily lives will diminish. On the contrary, more and more consumers are turning to the internet to shop for goods and research the best service provider. To survive the times, many law firms are turning to the power of the virtual world to attract more clients and run more efficiently.

Unlike a traditional firm, virtual firms have much smaller start-up costs. In ditching the old brick and mortar office for a virtual one, the list of tools an attorney needs to run a successful practice fall into two main categories: hardware and software.

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What is Meant by Countable and Non-Countable Assets for Purposes of Medicaid Eligibility?

By WealthCounsel, LLC on Jan 28, 2019 12:54:00 PM

Non-Countable-Assets

During the Elder Law Immersion Camp, we take a deep dive into elder law and get attendees up to speed on the legal-technical rules and strategies needed to become an accomplished and knowledgeable advocate for the elderly. We also cover practice building strategies to make sure your business is set up for success, as well as innovative marketing solutions to get clients walking through your door. 

One area we cover early in the program is exploring what is meant by countable and non‐countable assets for purposes of Medicaid eligibility, the rules as they relate to gifting, what exempt transfers are allowed, and how to calculate the Community Spouse Resource Allowance (CSRA) and Minimum Monthly Maintenance Needs Allowance (MMMNA) for married couples.

In this article, we will spotlight countable and non‐countable assets.

Countable resources are those “assets” attributed to either an individual or married person who is applying for Medicaid. It is defined at 42 USC §§ 1396p(g) and 1382b:

  • All income and resources of the individual and of the individual's spouse, including any income or resources which the individual or such individual's spouse is entitled to but does not receive
  • Translation: Everything counts, and you or your spouse can’t waive the right to income or assets you are entitled to.

Examples of Countable Resources

  • Checking accounts
  • Investment accounts
  • CDs
  • Cash (yes, even that which is under the pillow!)
  • Real property (other than the home)
  • Boats, RVs

During the event, we discuss these in more detail regarding joint accounts, IRAs and many other details regarding these countable resources.

Some assets are excluded assets and not counted towards Medicaid qualification. Depending if your client is single, married, or had a dependent with special needs in the home, the home may remain exempt.  Exemption may also depend on what the home equity limit is in their jurisdiction. If the applicant is single, they also need to have an intent to return home. Each state has different requirements on what that actually means. Other excluded assets include one automobile, household goods, and a prepaid burial space.

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