As you get older, healthcare and asset protection are likely near the top of the list of concerns for you and your family. Long-term care and other nursing facilities often rely on Medicaid assistance to help residents afford their cost of care.
But accepting Medicaid funds means the possibility of risking valuable assets, such as a family home, to qualify for the program. A Medicaid lawyer in Marietta can help you understand Medicaid and safeguard your assets while remaining eligible for benefits.
At Nelson Elder Care Law, our elder care lawyers in Marietta have served over 7,000 families and assisted them with the legal challenges that come with aging. Contact us today to request a consultation and discuss your concerns.
How Can an Attorney Help With Medicaid?
Medicaid attorneys focus on assisting older people and their families in managing the complicated and sometimes confusing requirements of Medicaid eligibility. Typically, this is done with a focus on protecting assets.
We can advise you of your options, draft legal documents, and explain complex procedures. While every situation is different, our Medicaid attorneys in Marietta may be able to help you:
- Develop a legal plan to protect your assets
- Understand the requirements for Medicaid eligibility
- Devise strategies for spending down assets
- Explain the estate recovery process
- Ensure you comply with the lookback period
- Understand and avoid penalties
It’s important to begin planning for age-related medical and financial challenges as soon as possible. This can avoid confusion and family conflicts in the event of a medical emergency.
Secure Your Legacy Today! Schedule a Free Medicaid Consultation with Our Experienced Georgia Attorneys.
What Is Medicaid?Medicaid in Georgia is a state and federally funded health insurance program that provides coverage for low-income individuals, including seniors needing long-term care. Nursing homes are expensive, and many people struggle to pay the full cost of care each month.
Medicaid can bridge the gap, but only if you meet eligibility requirements. Those requirements include strict limits for income and assets. Often, potential applicants must spend down their assets following Medicaid regulations to become eligible.
After the Medicaid recipient passes away, Medicaid may seek to recover its costs by claiming remaining assets such as a family home. For this reason, it is important to consult with an attorney long before Medicaid is required and put asset-protection strategies in place.
How Do You Spend Down Assets?
For most residents of nursing facilities who may be eligible for Medicaid, spending down assets is often accomplished simply by paying for qualifying medical services and other allowable expenses. There are also ways to gift assets that don’t violate Medicaid regulations.
What Is Medicaid Estate Recovery?
When the Medicaid recipient passes away, Medicaid may attempt to recover costs through its estate recovery program. This can include claiming meaningful assets you intended to leave to your family, such as your home.
What Is the Look-Back Period?
When Medicaid requests an accounting of your assets during the application process, they aren’t only interested in current assets. They also want to know about any assets you sold, gave away, or otherwise dispersed over the past five years.
What Is a Medicaid Penalty?
Running afoul of Medicaid regulations usually doesn’t mean losing your eligibility entirely. It does mean you need to wait out a penalty period until you can receive benefits.
The length of the penalty is calculated by dividing the value of the transferred assets by Georgia’s average monthly cost of nursing home care.
Take the first step toward peace of mind for you and your family. Call Us Today
Who Is Eligible for Medicaid in Georgia?
Qualifying for Medicaid in Marietta means meeting strict eligibility requirements. If you are admitted to a nursing facility, a social worker or other staff member may work with you to help you understand how to become eligible if you are currently not.
The assistance of a social worker can be useful, but it is important to remember that they work for the facility, not you. It is smart to remain in touch with our elder care attorneys and get their input on any decisions.
In general, to be eligible for Medicaid in Georgia, you must:
- Be over the age of 65
- Be a Georgia resident, receiving care in the state
- Be a U.S. citizen or eligible immigrant with a Social Security Number
- Meet income and asset requirements, which change yearly
- Pass a look-back analysis and avoid improper asset transfers
- Demonstrate medical need, especially for nursing-home-level or waiver care
Get Help From a Medicaid Attorney in Marietta
Medicaid helps many people get the care they need when they can’t afford it. Without government funds, nursing facilities would struggle to function. But along with this benefit comes the concern of losing important assets you worked for your entire life.
It doesn’t have to happen that way. Using legal tools and strategies, our Medicaid attorneys in Marietta can help you protect your assets and still remain eligible to receive Medicaid funding when needed. However, it is important to plan well ahead.
At Nelson Elder Care Law, we’ve advocated for the rights of older people and their families since 2014. Contact us today to request a consultation and begin forming a strategy.