The Attorney’s Role in Medicaid Planning

The Attorney's Role in Medicaid PlanningDo you need an attorney for even “simple” Medicaid (ALTCS) planning? This depends on your situation, but in most cases, the prudent answer would be “yes.” (ALTCS is Arizona’s long term care Medicaid insurance program.)

The social worker at your mother’s nursing home assigned to assist in preparing a Medicaid (ALTCS) application for your mother knows a lot about the program, but maybe not the particular rule that applies in your case or the newest changes in the law. The social worker may also play a limited role in the application process, just getting it started for you.  In addition, by the time you’re applying for Medicaid, you may have missed out on significant planning opportunities.

The Attorney's Role in Medicaid PlanningThe best bet is to consult with a qualified professional who can advise you on the entire situation. At the very least, the price of the consultation should purchase some peace of mind. And what you learn can mean significant financial savings or better care for you or your loved one. This may involve the use of truststransfers of assetspurchase of annuities or increased income and resource allowances for the healthy spouse.  And of course, your application is more likely to be approved the first attempt if you partner with a professional.

If you are going to consult with a qualified professional for Medicaid planning, the sooner the better. If you wait, it may be too late to take some steps available to preserve your assets.

When to Contact an Attorney for Medicaid Planning

The Attorney's Role in Medicaid Planning

We strongly recommend you work with an experienced attorney for Medicaid planning if:

  • Your income is too high (Income Only Trust/Miller Trust)
  • The value of your assets is too high
  • You transferred assets to someone besides a spouse in last 5 years
  • You are married with combined assets over $28K (excluding house, car, burial)
  • You have a revocable trust
  • You wish to protect your house/assets
  • You wish to compensate someone for providing care to you
  • You prefer assistance with the application process

Our attorneys have years of experience in planning for Medicaid (ALTCS) to help families achieve the best outcome possible.  Contact us today to discuss your options.