Expert Advice When You Need It Most
Posted over 2 years ago. Applies to Pennsylvania, 8 helpful votes, 0 comments
1
1. Do Medical Assistance benefits pay for nursing facility care for poor people only?No. Medical Assistance benefits are not only for poor individuals. Medical Assistance benefits can pay for your care, even if you have income and assets. Of course, there are certain income and resource limits. With proper long term care planning, you should be able to qualify for Medical Assistance payment for nursing facility care without becoming impoverished. 2
2. Is it too late to hire an attorney to help me protect assets if my loved one has already been admitted to a nursing facility?No. It is not too late to hire an attorney to help you protect assets if you or a loved one has already been admitted to a nursing facility. You still have time to conduct proper long term care planning to protect as many assets as possible. Additionally, a competent elder law attorney can help you to navigate the confusing Medical Assistance application process, in order to obtain payment for your nursing facility care. 3
3. My spouse and I own a house, a car, and other assets. Can I still be eligible for state Medical Assistance payment for nursing facility care?Yes. You may still be eligible for Medical Assistance payment for nursing facility care. Certain assets, including your home and car, are exempt from the resource determination for Medical Assistance. Also, any other assets, such as bank accounts, can possibly be sheltered through effective long term care planning. 4
4. Will I need to surrender my house to be eligible for Medical Assistance payment for nursing facility care?No. You will not need to surrender your house to become eligible for Medical Assistance benefits for nursing facility care. Your home is an exempt asset. You may be able to return home if you only need short-term nursing facility care. Also, your spouse will be able to continue residing in your family home while you are cared for in the nursing facility. 5
5. Do I need to spend all of my life savings on nursing facility care before the state will pay for my care?No. You do not need to surrender all of your life savings to pay for nursing facility care. A competent elder law attorney can help you to shelter as many assets as possible, while helping you to qualify for state Medical Assistance payment for your care in the nursing facility. 6
6. Will the state pay for my care even if my spouse has income?Yes. Your spouse’s income is not counted when determining your eligibility for Medical Assistance benefits for nursing facility care. The state looks at your income only. Also, there are situations in which your spouse’s income may be supplemented by your income, in order to help your spouse with living expenses. 7
7. Can I give away assets and still be eligible for Medical Assistance payment for nursing facility care?It depends on who the assets are being given to. You are able to give assets penalty free to your spouse, minor child, and your adult child who has been residing with you for 2 years, under certain circumstances. For all other gifts, you must transfer assets for fair market value. If you do not, under the 5 year look back period, the state will penalize you be delaying payment for your nursing facility care. An elder law attorney will help you to shelter and transfer your assets with minimal penalties. 8
8. What is Medical Assistance Estate Recovery?Medical Assistance Estate Recovery is the program utilized by the Department of Public Welfare to reimburse the state for money paid for your long term care. Under this program, the state attempts to recoup money from your estate when you become deceased. For example, if you receive Medical Assistance benefits to pay for nursing facility care and die with your home still titled in your name, the state will attempt to take your home as repayment. Therefore, it is necessary to have your elder law attorney plan to avoid estate recovery while planning for long term care. 9
9. Do I have to enter a nursing facility to receive nursing care, or do I have other options?You have options. Under certain circumstances, those who meet nursing facility clinical criteria can receive nursing care while remaining in their home under programs such as the PDA waiver. A competent elder law attorney will be aware of different programs that may apply to your situation. 10
10. Is long term care insurance a good idea?Long term care insurance can be helpful in paying for nursing facility care. However, it is very expensive. On average, long term care insurance costs between $1,500 and $8,000 per year. Also, you may have to purchase the insurance as early as 60 or 65 years of age to obtain a lower premium. Therefore, you may find yourself paying for long term care insurance for 20 years or more before you actually need it, if you ever do in fact need it. An elder law attorney can explore other options for payment for nursing facility care. 11
11. I am a middle-aged person in relatively good health. Is it necessary for me to prepare my estate plan and prepare for possible incapacity?It is not too early to set up an estate plan. In fact, many people set up their plan earlier, due to the need to plan for the care and custody of children, disabled individuals, and, in some cases, a beloved pet. Having an estate plan in place will give you the peace of mind of knowing that your assets will be given according to your wishes, and your loved ones will be provided for. Also, you should plan for possible incapacity through tools such as powers of attorney, in order to ensure that your medical and financial needs are taken care of by a trusted agent of your choice. 12
12. Can proper estate planning help with my financial and healthcare needs in the event that I need skilled nursing care in the future?Yes. Proper estate planning can help with your financial and healthcare needs if you eventually need to be admitted to a nursing facility. With a proper plan for incapacity in place, your agent will be able to help you to shelter and transfer assets so that you may qualify for Medical Assistance payment for nursing facility care without giving up all of your life savings. Related Questions1 Attorney answers: 
Asked by a user in San Antonio, TX - almost 2 years ago. 1 Attorney answers: 
Asked by a user in Newton, NJ - about 3 years ago. 2 Attorney answers: 
Asked by a user in Honolulu, HI - over 1 year ago. Find Public Finance LawyersRelated Searches |