K. Gabriel Heiser
Attorney, author, Medicaid asset protection planning
K. Gabriel Heiser, J.D., is an attorney with over 25 years of experience in elder law and estate planning. He is the author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets," an annually updated practical guide for the layperson.
Show:
Answers Article
Medicaid considers a senior’s primary residence an exempt asset in most cases, but owning a home comes with hefty ongoing costs. If an elder has limited income and assets, how do their property taxes, insurance premiums and utility bills get paid?
Article
Hiding assets by not reporting them to Medicaid is illegal and considered fraud against the state. However, there are a number of legal techniques for protecting your parent's assets so that they pass to you.
Article
Should caregivers and elders use advice from neighbors and friends when planning their Medicaid coverage?
Article
Find out how annuities play into Medicaid planning for your elderly parents. It may seem hard to believe that annuities can help the elderly qualify for Medicaid - yes, Medicaid. This is sometimes called the "Half-A-Loaf" approach, and in certain cases, it can be a lifesaver for those who need the help the most.
Article
If an elder's Medicaid long-term health care benefits run out, assisted living facilities and nursing homes are legally allowed to ask elders who can no longer pay to leave.
Article
Members of the military and their families are entitled to many different medical and monetary benefits in exchange for their service, but divorce can have a serious impact on a former spouse’s eligibility for these programs.
Article
Many people, like your elderly aunt, are afraid to deal with wills, powers of attorney, etc. because they think it makes it more likely that something bad will happen to them.
Article
If your mother is no longer able to provide care for your father and he is not competent to sign a durable power of attorney, petition the court to appoint a legal guardian and conservator.
Article
For seniors who are living with hearing loss, devices like hearing aids can facilitate communication, boost their confidence and desire to socialize, and increase overall quality of life. Unfortunately, hearing aids are often paid for out of pocket.
Article
Does a person or adult child need power of attorney in order to request information from the medical staff at an elderly parent's nursing home or hospital?
Article
Medicaid isn’t in the business of “taking” seniors’ homes. But when a nursing home resident on Medicaid dies, the state may seek repayment by filing a claim against their estate, which usually includes exempt assets like their primary residence.
Article
The goal of the Medicaid estate recovery program (MERP) is to recoup all the money that Medicaid spent on a senior’s care. Learn how MERP works and what families can do to minimize the impact of the recovery process.
Article
Seniors are pitched the benefits of a reverse mortgage as a way to "unlock" the equity in their home. However, what happens when they need a higher level of care, can no longer live in the home or try to qualify for Medicaid?
Article
Sometimes couples are willing to take the big step of obtaining a divorce in order to protect their assets, so that the ill spouse can qualify for Medicaid without impoverishing the well spouse.
Article
The likelihood that a spouse will need nursing home care increases in later years. In some cases, the healthy spouse is legally responsible for paying nursing home costs with their own assets, regardless of how long they've been married.
Article
Annuities allow investors to receive a steady income stream in retirement. It is one strategy to consider when the time comes that a senior parent must move to an assisted living community or nursing home.
Article
Seniors with limited income and assets must often use a spend-down strategy to qualify for Medicaid, but gifting can trigger a penalty period of ineligibility. Learn about Medicaid asset transfer rules to avoid problems with paying for long-term care.
Article
It might not be a good idea for a senior to live on their own as they age. A better solution may be to move in with an adult child who owns their own home and purchase a "life estate" in their house.
Article
This path of inheritance is the normal distribution under many states' "intestacy statute" (the law setting forth the distribution of the property of a decedent with no will).
Article
Power of attorney forms are widely available online, but these forms aren’t meant to be one-size-fits-all. There are a few key points to consider before deciding against working with an elder law attorney to draw up a customized POA document.