Medicaid Questions
This site is about the very broad topic of estate planning. However, most of the questions readers send us are about qualifying for medicaid. If you use the form below, you can submit your question, and for a small fee, get a fast, personalized, answer. But, if you don't want to do that, then read on. Unfortunately, the ability to qualify for medicaid has become a central consideration in estate planning. The reason is due to all of us living longer and longer (which is good) and the skyrocketing cost of nursing homes and long term medical care (which is bad). Some people choose to buy long term care insurance. Others are wealthy enough to pay for the nursing home themselves.
But, for most, qualifying for medicaid is a primary objective of their estate planning. But, how do qualify without giving up all of your assets to the government?
Medicaid planning is a big and complicated topic. Many people have a misconception that some sort of magical trust can be created that will allow you to keep all your assets and still qualify for Medicaid. Unfortunately, as you can read at Medicaid Trust -- it's not that simple.
Estate Planning Hub is fortunate that Elder Law Attorney Gabriel Heiser, who is an expert in medicaid planning, has provided us with dozens of other great articles that will answer many of your questions. You can find links to those articles below.
Additionally, Mr. Heiser wrote a terrific book on the subject that you can find at Medicaid Secrets. (Yes, we receive a commission if you buy the book through that link; but we'd recommend it highly even if we didn't.)
Attorney Heiser is also willing to respond to individual questions from our readers. Of course, depending on how complex and fact-specific the question is, he may or may not be able to answer it fully. And, no information provided on this site, including any given by Mr. Heiser can be considered legal advice (see our terms of use). But, certainly the information he provides might be helpful for you to consider.
So, what are you wating for? Submit your question through this form and we'll be back in touch with you. Your question and Mr. Heiser's response will be posted on this site for others to benefit from as well.
You can read similar questions and answers at Estate Planning Questions.
Here's the place to find State Medicaid Agency POC's (see link at the bottom of the page).
Here’s our Estate Planning Considerations For The Elderly.
Medicaid Questions and K. Gabriel Heiser's Responses: Home :
Choosing A Nursing HomeHow To Protect My Home and Still Qualify for MedicaidNursing Home Costs and Payment OptionsWhat Happens to My Home If I Go On Medicaid?Will Medicaid Exempt My Home If I Leave It?Don't Be Too Cheap!Limitations on Medicaid Estate RecoveryMedicaid Estate Recovery PlanningMedicaid Estate Recovery RulesWhat is a Medicaid Annuity?How does a Medicaid Annuity Work?Selling the House and Medicaid QualificationNew Medicaid Annuity Rule ExplainedEffect of Life Insurance Proceeds On Medicaid EligibilityMedicaid Planning: Life Estate in HouseTrust :
Living Trust and MedicaidWhat Is An Inheritor's Trust?Capacity To Sign a Will, Trust or Power of AttorneySpecial Needs Trust IssuesDo Medicaid Plans Work?How Does Life Insurance Policy Ownership Affect Medicaid Eligibility?Medicaid Rules and Reverse MortgagesDo It Yourself Medicaid PlanningWhat is Elder Law?Elder Care Lawyer FeesDoes the $13,000 Gift Tax Exemption apply to Medicaid?Planning For Medicaid CoverageWhat is an Inheritors TrustMarriage :
What is a Common Law Marriage?Second Marriage Will IssuesSpouse :
Medicaid and Community Spouse AssetsMedicaid and Spousal Will ElectionDo I Need a Will?Can I Give My House to My Child and Qualify for Medicaid?How To Qualify For Medicaid If My House Is Worth More Than $500,000
Have a Medicaid Question or Comment?
We'd love to hear your questions, comments or opinions. Submit them here and other visitors can read them and comment on them. An e-mail address is not required.
The purpose of this feature is to stimulate discussion and share experiences regarding topics of interest. However, please note these submissions are not reviewed for legal accuracy. They may not apply to your situation and should not be considered legal advice. For specific legal advice you must consult with your attorney.
What Other Visitors Have Said
Click below to see contributions from other visitors to this page...
Marriage and Medicaid
I was single when applying for medicaid and got accepted, but my fiance and I are planning on getting married in a couple of weeks and I'll be 20 weeks ...
medicaid and foreclosure
What do you tell the lender when you cannot afford to make house payments on someone while medicaid is pending?
Effect of Paying for Medication Outside of Medicaid
Question:
If medicaid or medicare will not pay for specific medication for my mother can I pay for it without penalty?
Answer:
Chapter 15 ...
Medicaid Coverage Questions
We have been deluged recently with many questions about medicaid eligibility, coverage, and the various types of medicaid programs. Some of the questions ...
Do I Have To Report Mom's Gift To Medicaid?
Question:
My mother is in a nursing home in rural Virginia. I have a power of attorney on her bank accounts and have taken approximately $40,000 ...
Can we rent home while mom on medicaid?
Question: We all live in Texas. Mom's house was set up as living estate in 2000. Deed to Brother and I. Mom is now on medicaid in nursing home. Can ...
Will Texas Medicaid Take Parents House After They Pass Away?
My mother has been on special medicaid for about 2 years after being diagnosed with breast cancer. She has been so sure that the state is going to take ...
Do Adult Children Living With Parents Qualify for Medicaid?
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QUESTION:
Are adult children living with their parents eligible for medicaid in Illinois if the adult child has no income?
ANSWER:
In general,...
Medicaid Gift Rules in Missouri
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Question:
I have Durable Power of Attorney (dpoa) of both my parents with full gifting abilities. Can i gift without affecting their medicaid eligibility ...
What happens to my medicaid if I sell my home and buy another?
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Answer:
When a person leaves their residence to enter a nursing home typically that home is an exempt asset, i.e., it does not count against them when ...
State Medicaid Phone Numbers
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We get lots of questions about how to contact a particular state medicaid office. For instance, this came in today:
How do I go about getting the ...
Can Someone Rent Home While Dad in Nursing Home?
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Question:
My dad is in a nursing home under Medicaid benefits. He owns a home, but can no longer pay for the home since his SS check goes toward nursing ...
How Does Putting House In Trust Affect Medicaid?
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Question:
How will putting my house in a trust affect Medicaid if in the future one or both of my husband and I are ill? Doesn't it put the house ...
Medicaid Rules For Giving Car Away
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Question:
If you have been in nursing care for a few months, and have been told you cannot drive any longer, can you give your old car to one of your ...
How do I stop medicaid and switch to insurance?
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Question:
I just got married and i was on medicaid and for my unborn child before then. My husband just got a new job with health insurance. How ...
Children, Medicaid and Social Security Qualification
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Question:
My granddaughter lives with her Dad, he is on permentant disability so she had medicade and SS check for her. She is now 16 and wants to ...
Does the community spouse need a Durable Power of Attorney?
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Question:
When one spouse becomes incapacitated, does the community spouse at home need a Durable Power of Attorney (DPOA) with an "unlimited gifting"...
How Does Home Foreclosure Affect Medicaid Qualification?
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Question:
My mother's home is in both our names. she is in nursing home on medicaid. there is an equity line on the house that i can not afford anymore....
What's the Effect of Marrying Someone on Medicaid?
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Question:
I and my girlfriend just got married. She collects SSD and gets Medicaid and Medicare. We know it won't effect her ssd, but will it effect ...
Will Medicaid Pay For Assisted Living Expenses?
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I am in assisted living and will run out of funds in my fourth year. I can't sell my house and am renting it for an income until some day when the market ...
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