The following frequently asked questions address issues related to elder and estate law. Primarily, elder law deals with protecting assets from nursing facility costs. Also, the questions address planning and protecting the estate.
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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.
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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.
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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.
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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.
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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.
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