Attorney Sean Scott
Three steps to Medicaid
The cost of nursing home care may create an overwhelming financial burden for the individual and family. We provide solutions to preserve the individual's assets, helping them qualify for Medicaid benefits. We do this in three steps:
1) Plan
We do a comprehensive analysis of the client's financial and medical condition. This analysis is reviewed with the client, his family or his guardian.
An individual plan is then created to preserve the client's assets by moving the assets according to Medicaid rules.
2) Implement
We make sure that the plan is properly implemented in a timely manner to assure eligibility as quickly as possible. Any needed legal documents are created and executed.
3) Apply
We review and organize the client's case in preparation for the State's review of the application.
Finally, we file for benefits and attend the Medicaid determination hearing/interview on behalf of the client, keeping the client from having to be present, or answer the State's questions.
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Medicaid Answers
Q: If you have too many assets to qualify, but need Medicaid now, can you still protect any assets?
A: Yes, you can still protect the assets. While you may have lost the opportunity to use some strategies, it is never too late to protect most if not all of the remaining assets.
Q: Is the home counted as an asset?
A: No. the first $500,000 in home value is not counted as an asset so long as the owner has an intent to return.
Q: When you die does the state take the house?
A: No. But if the house does not qualify as the "homestead" as defined by Florida's constitution, it could be taken by the state to recover money spent on your care in the nursing home after you die.
Q: Can you still give 10,000 a year away?
A: No, not without it being considered a disqualifying transfer. Many people mistakenly believe that because you can give away $10,000 per person, per year, tax free, that this is the same case with Medicaid. Unfortunately, it is not and the gift may adversely affect your eligibility.
Q: Do you get to keep your income if you are on Medicaid?
A: No. You are required to pay to the nursing home your total monthly income, minus $35.00 for personal needs. But, if there is a spouse he or she keeps all of their income and may be entitled to some or all of the applicant's income.
Q: Should you wait until you need Medicaid benefits before seeing an elder law attorney?
A: No. Many of the options available to protect your assets are dependent on time. Therefore, the sooner you begin planning before the need arises, the more options you have to preserve the assets.
The 2 hour seminars begin at 2:00 p.m.
Please register so that we have your complimentary materials ready for you!
Including The Medicaid Handbook 2008 (see left)
To register for a seminar, please call our office at (727)-539-0181.
For more information go to: www.FLmedicaid.com or call 727-539-0181
