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.
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Question
Does my grandmother's POA have the right to refuse Hospice if she is still able to vocalize her own wishes?
As for the legal side, giving someone a POA does not take away your own rights and powers. For that to occur, a judge must determine you... As for the legal side, giving someone a POA does not take away your own rights and powers. For that to occur, a judge must determine you are incapacitated, in a guardianship hearing. At that point, the guardian--and not the patient--would have the legal right to make such decisions.
However, the holder of the POA does not have the power to override the person who gave them the POA.
One other point: A POA that is not specifically a HEALTH CARE/MEDICAL POA does not cover such types of decisions. It is normally limited to financial-type transactions, not personal decisions such as you are now faced with. see more
However, the holder of the POA does not have the power to override the person who gave them the POA.
One other point: A POA that is not specifically a HEALTH CARE/MEDICAL POA does not cover such types of decisions. It is normally limited to financial-type transactions, not personal decisions such as you are now faced with. see more
Question
My Mom just qualified for Medicaid to pay for a Home Attendant. Using "Pooled Trust" method. Any advice?
The link below to Russo Law is very helpful, as this is specific to those residing in New York state. Note that in many states a pooled... The link below to Russo Law is very helpful, as this is specific to those residing in New York state. Note that in many states a pooled trust also accepts contributions of assets--not just income--and in some states is limited to those contributions made before the Medicaid applicant turns age 65. If the individual does not have a lot of excess assets, it can be a perfect solution. If the individual has a lot of excess assets, then a private trust may offer more options and flexibility. see more
Question
How are policies owned by each spouse totaled, then split, if one seeks SNF/Medicaid yet the cash, face or Ter...
Only the cash value of a policy counts for Medicaid eligibility purposes. Since a term policy has no cash value, it is not counted.
Question
How is a QVAP trust taxed?
This explains the QVap trust and its taxation:
aboutlivingtrusts/VA/QVapTrust.htm
aboutlivingtrusts/VA/QVapTrust.htm
Question
How much savings is allowed to qualify for Medicaid?
Here's an article on this site that should help: https://www.agingcare.com/articles/asset-limits-to-qualify-for-medicaid-141681.htm... Here's an article on this site that should help:
https://www.agingcare.com/articles/asset-limits-to-qualify-for-medicaid-141681.htm
I've also written a short e-book on this subject, which goes into much more detail about what assets a person can and cannot have when trying to apply for Medicaid: http://medicaidsecrets.com/eBooks.html
Good luck! see more
https://www.agingcare.com/articles/asset-limits-to-qualify-for-medicaid-141681.htm
I've also written a short e-book on this subject, which goes into much more detail about what assets a person can and cannot have when trying to apply for Medicaid: http://medicaidsecrets.com/eBooks.html
Good luck! see more
Question
How can I find out details about the Will and Trust fund?
In order for a will (with or without a trust inside the will) to be valid it must be "proved", i.e., "probated". That... In order for a will (with or without a trust inside the will) to be valid it must be "proved", i.e., "probated". That requires that the will be filed in the county probate court where the decedent was living. It is a public document and anyone--not just family or those named in the will--can go down to the probate court and have a look at the will and even request a copy be made for a nominal sum.
Once you have a copy of the will in hand, read it and see exactly what if anything you were left. If the language is too hard to read, you may need to find an attorney to help interpret it for you. see more
Once you have a copy of the will in hand, read it and see exactly what if anything you were left. If the language is too hard to read, you may need to find an attorney to help interpret it for you. see more
Question
House was deeded to one heir, the other wants her "share". Any advice?
1. Assuming there was no undue influence from you toward your dad, and that he was mentally competent at the time he signed the deed to... 1. Assuming there was no undue influence from you toward your dad, and that he was mentally competent at the time he signed the deed to you, it is certainly your house and you have no obligation toward your sibling. That being said, it is possible--though unlikely--that a creditor could seek to set aside the deed based on the law of fraudulent transfer (which means that if your father knew his debts would exceed his assets he can't give away the house).
2. Re the POA: Giving someone a POA does not revoke your OWN continued ability to sign legal documents and continue to have full legal authority. It simply gives an ADDITIONAL person those powers, too. see more
2. Re the POA: Giving someone a POA does not revoke your OWN continued ability to sign legal documents and continue to have full legal authority. It simply gives an ADDITIONAL person those powers, too. see more
Question
Medicaid eligibility and spouses' assets. Any advice?
Yes, Medicaid will add up the assets of both spouses, regardless of how titled (his, hers, or joint) and divide by two, attributing half... Yes, Medicaid will add up the assets of both spouses, regardless of how titled (his, hers, or joint) and divide by two, attributing half the total to each spouse. However, the spouse at home cannot protect more than $119,220, with everything above that being attributed to the nursing home spouse. You may want to have a look at a couple the ebooks I've put together that get into all the details, here: http://medicaidsecrets.com/eBooks.html You can download them immediately and you will have authoritative answers to your questions. Good luck! see more
Question
Spend it now or hold off in case we need it?
If the money will last 9-10 years, you should consider placing half of her money into an irrevocable Medicaid trust for her benefit (income... If the money will last 9-10 years, you should consider placing half of her money into an irrevocable Medicaid trust for her benefit (income only). That way, after 5 years, should she need Medicaid assistance, the half you put into the trust will not disqualify her and can be used to supplement what Medicaid will not pay for. The alternative is of course to do nothing and spend it all down to zero; that's your decision, but then there will be nothing left to supplement Medicaid. see more
Question
Authorized user on credit card & Medicaid look back. Any advice?
As others mentioned, be sure to keep accurate records and receipts. You must document that what your mother reimbursed you for--or paid for... As others mentioned, be sure to keep accurate records and receipts. You must document that what your mother reimbursed you for--or paid for directly via her credit card--was indeed for her personal benefit and not a gift to you. That is what the state Medicaid department will be looking for. Assuming it is all for your mother's benefit, there will be no penalties for these purchases made within five years of her Medicaid application.
Merely being an authorized additional user on her credit card will not cause a problem when your mother applies for Medicaid. The sole issue is what the card was used for, and for whose benefit. see more
Merely being an authorized additional user on her credit card will not cause a problem when your mother applies for Medicaid. The sole issue is what the card was used for, and for whose benefit. see more
Question
The NH has rerouted my husband's SS check to their bank account. Is that legal?
When a nursing home resident is also a Medicaid recipient, the nursing home is limited to the lower state rate vs their usual private rate.... When a nursing home resident is also a Medicaid recipient, the nursing home is limited to the lower state rate vs their usual private rate. The Medicaid recipient's income is first paid to the nursing home and then Medicaid pays the difference between the lower state rate and the income. The amount the patient pays is worked out by Medicaid and is called the patient's "share of cost." Note that the facility may not charge the patient MORE than the state rate if the patient is on Medicaid. see more
Question
What if you qualify for Medicaid but don't seek a bed right away?
There is no requirement to apply for Medicaid, but if your mother does not have the funds to pay the nursing home, then who will pay the... There is no requirement to apply for Medicaid, but if your mother does not have the funds to pay the nursing home, then who will pay the bills? So usually what happens is the nursing home resident runs out of funds and in order to stay in the nursing home MUST apply to Medicaid. Once your mother is approved for Medicaid, the state will keep track of what they spend on her care, and upon her death they will seek to be reimbursed out of her estate. If the only asset in her estate is her condo, then they can force a sale of the condo to take what they are owed. If there is any money left out of the sale proceeds, it will go to her heirs or under her will. see more
Question
A relative on Medicaid recently passed away and left an insurance policy. Does this need to be turned over to...
Since the policy was not owned by the Medicaid recipient, and since the proceeds were not paid to the estate of the recipient, then the... Since the policy was not owned by the Medicaid recipient, and since the proceeds were not paid to the estate of the recipient, then the state has no claim to the insurance proceeds. see more
Question
My aunt is a resident of MI and we need to relocate her to AL. What do we need to consider first?
I recently wrote an article on this topic for AgingCare.com:... I recently wrote an article on this topic for AgingCare.com:
https://www.agingcare.com/articles/Moving-to-A-New-State-Can-Affect-Medicaid-Eligibility-174671.htm see more
https://www.agingcare.com/articles/Moving-to-A-New-State-Can-Affect-Medicaid-Eligibility-174671.htm see more
Question
Would like to move parents on Medicaid from one state to another. Any suggestions?
I recently wrote an article on this topic for AgingCare.com:... I recently wrote an article on this topic for AgingCare.com:
https://www.agingcare.com/articles/Moving-to-A-New-State-Can-Affect-Medicaid-Eligibility-174671.htm see more
https://www.agingcare.com/articles/Moving-to-A-New-State-Can-Affect-Medicaid-Eligibility-174671.htm see more
Question
When does a Revocable Living Trust expire or end?
A revocable trust becomes irrevocable if the terms of the trust so state, and upon the conditions stated in the trust. Typically, however,... A revocable trust becomes irrevocable if the terms of the trust so state, and upon the conditions stated in the trust. Typically, however, it becomes irrevocable upon the death of the "grantor," i.e., the person who established the trust and funded it with money, real estate, etc.
In your case, the ownership does not change just because the trust becomes irrevocable, the trustees change, or the beneficiaries change. Only upon the termination of the trust would the ownership of the property change, unless the trustee distributes the ownership of the condo to one or more of the beneficiaries in accordance with the trust terms. see more
In your case, the ownership does not change just because the trust becomes irrevocable, the trustees change, or the beneficiaries change. Only upon the termination of the trust would the ownership of the property change, unless the trustee distributes the ownership of the condo to one or more of the beneficiaries in accordance with the trust terms. see more
Question
Would like to move parents on Medicaid from one state to another. Any suggestions?
There is no residency requirement for applying for Medicaid in a new state, but as others pointed out below, there are differences in the... There is no residency requirement for applying for Medicaid in a new state, but as others pointed out below, there are differences in the rules that may or may not affect your parent's eligibility. It is best to find out whether or not they would qualify now, BEFORE you move! A visit to an elder law attorney in the new state for a one-hour consultation may be well worth the expense. see more
Question
If a non recipient of Medicaid dies after her spouse received it, what can be allowed for her remaining bills,...
The state cannot touch any assets that were exclusively the property of the community spouse, after the death of the nursing home spouse. A... The state cannot touch any assets that were exclusively the property of the community spouse, after the death of the nursing home spouse. A very few states have a "tracing" approach that can go after the assets that were once the nursing home spouse's but were transferred to the community spouse. In all cases the state must wait until after the death of the community spouse; some states will not make claims if the community spouse merely is the surviving spouse, but others will lie in wait until the community spouse dies then make a claim. The claim will never exceed the total amount of benefit provided to the nursing home spouse. see more
Question
Does it pay to get a lawyer to help with Medicaid application?
There is a difference between Medicaid PLANNING and Medicaid APPLICATION. Frequently the actual filling out of the application form is no... There is a difference between Medicaid PLANNING and Medicaid APPLICATION. Frequently the actual filling out of the application form is no more complicated than your Form 1040 tax return and usually much simpler.
However, it can be a costly mistake to apply for Medicaid TOO EARLY. For example, if a large gift (such as a house) has been made within the past 5 years, applying before the end of the 5-year period from the date of the gift could result in a penalty/disqualification period that is MORE than 5 years long.
If no large gifts have been made in the prior 5 years, and the assets are modest and you think you will qualify for Medicaid now, there is no harm in getting a copy of the application form and reviewing it yourself to see if it is too much for you to do.
I have a section in my Medicaid Secrets book on how to locate and "vet" an elder law attorney to help you with Medicaid planning. Good luck! see more
However, it can be a costly mistake to apply for Medicaid TOO EARLY. For example, if a large gift (such as a house) has been made within the past 5 years, applying before the end of the 5-year period from the date of the gift could result in a penalty/disqualification period that is MORE than 5 years long.
If no large gifts have been made in the prior 5 years, and the assets are modest and you think you will qualify for Medicaid now, there is no harm in getting a copy of the application form and reviewing it yourself to see if it is too much for you to do.
I have a section in my Medicaid Secrets book on how to locate and "vet" an elder law attorney to help you with Medicaid planning. Good luck! see more
Will renting home affect Medicaid eligibility?