Arizona Elder Law Attorney Answers Today’s Question about Estate Planning on ElderCareMatters.com

What is Estate Planning

Answer:   Estate planning is a general term for written instructions that you establish during your lifetime, while you have capacity, that answer the following questions:

  • Who will make health care and financial decisions for me if I become incapacitated?
  • What will happen to my property, accounts and possessions I own when I die?
  • Who will be in charge of ensuring that my burial wishes are followed?
  • If my children lose both of their parents while they are minors, who will have priority to care for them?
  • What health care decisions do I want to be made if I am unable to participate in the decision?
  • How can I minimize court involvement, tax and stress after I have passed away?
  • If my child or grandchild receives public benefits, how can I make sure that a gift at my death will not affect their benefits?

If you need help with Estate Planning or with other Elder Care Matters, you can find thousands of qualified Elder Care / Senior Care Professionals in the following 10 Elder Care / Senior Care Directories that are sponsored by the national ElderCare Matters Alliance to help families with their issues of aging.

1.   www.ElderCareMatters.com
2.   www.ElderCareWebsites.com
3.   www.FindDailyMoneyManagers.net
4.   www.FindElderLawAttorneys.net
5.   www.FindEstatePlanningAttorneys.net
6.   www.FindGeriatricCareManagers.net
7.  
www.FindHomeCareProviders.net
8.   www.FindProbateAttorneys.net
9.   www.FindSeniorLivingCommunities.net
10. www.FindVAAccreditedAttorneys.net

In our Elder Care / Senior Care Directories you will also find Answers and Articles about a wide range of Elder Care Matters, information that is provided by our ElderCare Matters Partners – some of America’s TOP Elder Care / Senior Care Professionals who are members of the national ElderCare Matters Alliance and have years of experience in helping families with Elder Care Matters.

Estate Planning
Emily R. Taylor, Esq.
Emily R. Taylor, Attorney PLLC
Scottsdale, Arizona
An ElderCare Matters Partner

The IRS’s Offer in Compromise Program – Today’s Q&A on ElderCareMatters.com

What is the Offer in Compromise program that is provided by the Internal Revenue Service (IRS)?

Answer: The Internal Revenue Service’s Offer in Compromise program provides taxpayers with the opportunity to settle their debt with the IRS for just pennies on the dollar.  The program allows taxpayers to settle with the IRS on tax debt that has been incorrectly assessed or for liabilities they cannot afford to pay.

The IRS Code states: “We will accept an Offer in Compromise when it is unlikely that we can collect the full amount owed and the amount you offer reasonably reflects the collection potential…” (Internal Revenue Code section 7122).

Often it is possible to fully and completely eliminate the taxes you owe – including all penalties and interest – at an enormous discount. There is no preset bottom limit that the IRS will accept to settle your debt especially if your offer is done “right.”

If done correctly your debt may be settled for only 5-15% of what you presently owe. The key is to determine the least amount that the IRS will accept from you before you make the offer.

If you need help with this or with other Elder Care Matters, you can find thousands of qualified Elder Care Professionals in the Elder Care / Senior Care Directories that are sponsored by the national ElderCare Matters Alliance to help families with their issues of aging.

www.ElderCareMatters.com
www.ElderCareWebsites.com
www.FindElderLawAttorneys.net
www.FindEstatePlanningAttorneys.net
www.FindProbateAttorneys.net
www.FindVAAccreditedAttorneys.net
www.FindHomeCareProviders.net
www.FindDailyMoneyManagers.net
www.FindGeriatricCareManagers.net
www.FindSeniorLivingCommunities.net

In our Directories you will also find Answers and Articles about a wide range of Elder Care Matters, information that is provided by our ElderCare Matters Partners – some of America’s TOP Elder Care / Senior Care Professionals who are members of the national ElderCare Matters Alliance and have years of experience in helping families with Elder Care Matters.

Wyoming Elder Care Matters Partner
Michael E. Scott, CPA
Scott & Scott CPAs, LLC
Lander, Wyoming
An ElderCare Matters Partner

Can a durable power of attorney be revoked? Today’s Q&A on ElderCareMatters.com

Can a durable power of attorney be revoked?

Answer: One legal document that many people create as part of their estate planning is a durable power of attorney. This legal document allows a person to designate who will be in charge of making health care decisions for them if they for some reason become unable to make such decisions on their own. Thus, making such a document can be an important part of planning for potential future incapacity.

Now, it is possible that, after a person creates a durable power of attorney, a situation change may arise that makes it so the person no longer wants the individual named as agent in the document to be the one medical decision-making authority is given to in the event of incapacity.

There are a few such situation changes that, under Colorado law, will automatically trigger a revocation of a durable power of attorney. For example, if a person formed a durable power of attorney which named their spouse as agent, and then a legal separation, dissolution, divorce or annulment occurs in relation to the marriage of the person and their spouse, the spouse’s designation as agent will automatically be revoked.

Now, of course, there are a great many other reasons why a person may no longer approve of their choice of agent in a durable power of attorney document. For such other reasons, is a person just out of luck?

Thankfully, the answer to this question is no. While there are only a few circumstances in which a durable power of attorney is automatically revoked, Colorado law gives very broad revocation abilities to those who form durable powers of attorney. As long as a person is mentally competent, they can perform a revocation of their durable power of attorney document for any reason they want and at any time.

If you need help with your family’s Elder Law and Estate Planning needs, you can find Elder Law Attorneys and Estate Planning Attorneys from across America on ElderCareMatters.com – America’s National Directory of Elder Care / Senior Care Resources for Families.

You can also find thousands of Elder Law Attorneys and Estate Planning Attorneys who are members of the national ElderCare Matters Alliance on FindElderLawAttorneys.net and on FindEstatePlanningAttorneys.net, 2 of the NEW Elder Care / Senior Care Directories that are sponsored exclusively by the national ElderCare Matters Alliance to help families across America with their Elder Care Matters.

In our NEW Elder Care / Senior Care Directories you will find thousands of Elder Care / Senior Care Professionals and companies who can help you plan for and deal with your Elder Care Matters. In addition, you will find Answers and Articles about a wide range of Elder Care Matters, information that is provided by our ElderCare Matters Partners – some of America’s TOP Elder Care / Senior Care Professionals who are members of the national ElderCare Matters Alliance and have years of experience in helping families with Elder Care Matters.

Below is a list of our NEW Elder Care / Senior Care Directories, which are exclusively sponsored by the national ElderCare Matters Alliance to help families across America plan for and deal with the Issues of Aging.

www.ElderCareMatters.com
www.ElderCareWebsites.com
www.FindElderLawAttorneys.net
www.FindEstatePlanningAttorneys.net
www.FindProbateAttorneys.net
www.FindVAAccreditedAttorneys.net
www.FindHomeCareProviders.net
www.FindDailyMoneyManagers.net
www.FindGeriatricCareManagers.net
www.FindSeniorLivingCommunities.net

rromeo
Richard E. Romeo, Esq.
Vincent, Romeo & Rodriguez, LLC
Louisville, Colorado
An ElderCare Matters Partner

New York Elder Law Attorney Answers Today’s Question about using Do-It-Yourself Legal Documents

May we have your thoughts please about using Do-It-Yourself Legal Documents that we can download from the internet?

Answer:  Legal documents that ostensibly seem easy to prepare and execute are often subject to specific and subtle nuances that only an experienced practitioner will be familiar with.

A good portion of our practice is comprised of meeting with new clients, collecting their pertinent information, and coming up with a strategy that incorporates both estate and/or elder law planning that meets their specific needs. We typically ask to review a client’s prior estate/elder law documents during the consultation if, in fact, any planning had been done previously. All too often we come across documents that were prepared by individuals without the expertise of an attorney, and the results are frequently quite similar. These individually-prepared documents are usually lacking the protection that is required, and can unfortunately lead to dire consequences.

Case Study: Health Care Proxy

Preparing and executing a valid health care proxy provides a good illustration. The health care proxy is a document that allows an individual (the “principal”) to appoint an agent to make health care decisions in case he/she becomes incapacitated. The main purpose of the health care proxy is to appoint an agent. There is a presumption that the agent knows the principal’s wishes. Nonetheless, according to New York State case law, if a principal’s wishes regarding the withholding of artificial nutrition and hydration are not articulated, an agent will not be able to make these decisions. Based on this case law, it is imperative for the principal to set forth his/her wishes regarding the administering of artificial nutrition and hydration, either in the actual health care proxy or in a separate living will. Failure to do this can result in unforeseen consequences – which is exactly what the principal was trying to avoid in the first place.

Second, many individuals erroneously believe that they can appoint more than one agent at a time on a health care proxy. This would make the document faulty because only one agent at a time can make medical decisions. A person drafting a health care proxy can add language to avoid insulting other family members, but again, this requires the help of someone with experience.

Finally, the document must be witnessed by two individuals in order for its validity to be recognized. A person should not have his agent, spouse or child be a witness to the signing.

Case Study: Power of Attorney

We see even more problems in the area of powers of attorney. The main thrust of a power of attorney is to appoint an agent to act on an individual’s behalf with respect to financial matters in case such individual becomes incapacitated. Many people innocently refer to this document as one that is “simple” to prepare. This could not be further from the truth. First, New York State passed legislation effective September 2009 in an attempt to create a statutory form that would be uniformly accepted. This legislation was the result of tremendous abuse that was found in this particular area, with some appointed agents taking advantage of the disabled and elderly.

The new power of attorney law results in a much lengthier document, and significantly restricts the actual power given to the agent over financial matters. If transfers are to be made on behalf of the principal, a separate gift rider must be executed. The gift rider must specifically articulate the agent’s power to make gifts to himself/herself or to third parties. Furthermore, any additional powers beyond those enumerated in the statute must be added to a modification section. Finally, while the law mandates banks, brokerage houses and other financial institutions to recognize the power of attorney, the form utilized must be statutory. Accordingly, an individual should not cut corners by downloading a form from the internet, as this may result in a power of attorney that is not considered “statutory” and would therefore not be required to be legally recognized.

The power of attorney is an extremely important tool for an estate and elder law practitioner. If the principal incorrectly drafts and/or executes this form, his/her ultimate plans regarding Medicaid eligibility or gifting to loved ones could be completely stymied. It is imperative to have this document prepared by an experienced practitioner.

Case Study: Last Will and Testament

A last will and testament is yet another document that must be prepared under the supervision of an experienced attorney. After the person who executed the will (the “decedent”) dies, the will gets admitted to probate through surrogate’s court so that the decedent’s wishes can ultimately be fulfilled. Through the probate process, the will is reviewed and the court checks to make sure the will was drafted and executed properly. The number of witnesses, the affidavit they sign and the way the will is fastened are some examples of what the court reviews. Any mistakes, such as the removal of a staple or an ambiguous bequest, can result in unnecessary delays, costly legal fees, and worse, an inability to complete the probate process.

The examples described above provide a small illustration of how self-drafted documents, perhaps initially done to minimize costs, can result in poor planning and the ultimate outlay of unnecessary legal fees to correct the damage that was done. It makes far more sense to do it right the first time.

If you need help with your family’s Elder Law and Estate Planning needs, you can find Elder Law Attorneys and Estate Planning Attorneys from across America on ElderCareMatters.com – America’s National Directory of Elder Care / Senior Care Resources for Families.

You can also find thousands of Elder Law Attorneys and Estate Planning Attorneys who are members of the national ElderCare Matters Alliance on FindElderLawAttorneys.net and on FindEstatePlanningAttorneys.net2 of the NEW Elder Care / Senior Care Directories that are sponsored exclusively by the national ElderCare Matters Alliance to help families across America with their Elder Care Matters.

In our NEW Elder Care / Senior Care Directories you will find thousands of Elder Care / Senior Care Professionals and companies who can help you plan for and deal with your Elder Care Matters.  In addition, you will find Answers and Articles about a wide range of Elder Care Matters, information that is provided by our ElderCare Matters Partners – some of America’s TOP Elder Care / Senior Care Professionals who are members of the national ElderCare Matters Alliance and have years of experience in helping families with Elder Care Matters.

Below is a list of our NEW Elder Care / Senior Care Directories, which are exclusively sponsored by the national ElderCare Matters Alliance to help families plan for and deal with the Issues of Aging.

www.ElderCareMatters.com
www.ElderCareWebsites.com
www.FindElderLawAttorneys.net
www.FindEstatePlanningAttorneys.net
www.FindProbateAttorneys.net
www.FindVAAccreditedAttorneys.net
www.FindHomeCareProviders.net
www.FindDailyMoneyManagers.net
www.FindGeriatricCareManagers.net
www.FindSeniorLivingCommunities.net

Elder Law and Estate Planning Attorneys
Ronald A. Fatoullah, Esq., CELA
Ronald Fatoullah & Associates
Great Neck, New York
An ElderCare Matters Partner

Illinois Elder Law Attorney Answers Todays Question about Guardianship

What is a Guardianship and when would we consider having one established for our loved one who suffers from serious depression?

Answer:  A guardianship is a legal arrangement under which one person, the guardian, has the legal right and duty to care for another person (the ward) and the ward’s property. Guardianship is often over a child or an individual who has become incapacitated through age or disability and lacks the ability to act on his or her own behalf. Often, mental health ailments tend to target the aging among us: including Alzheimer’s, Parkinson’s or depression.

If you need help with your family’s Elder Law issues, including assistance with Guardianship, you can find thousands of Elder Law Attorneys from across America on ElderCareMatters.com – America’s National Directory of Elder Care / Senior Care Resources for Families.

You can also find Elder Law Attorneys who are members of the national ElderCare Matters Alliance on FindElderLawAttorneys.net - one of the 10 Elder Care / Senior Care Directories that are sponsored exclusively by the national ElderCare Matters Alliance.  These Elder Care / Senior Care Directories list thousands of Elder Care / Senior Care Professionals and companies from across America who can help you plan for and deal with your family’s issues of aging.

In our Directories, you will also find Answers and Articles about a wide range of Elder Care Matters, information that is provided by our ElderCare Matters Partners – Professionals who are members of the national ElderCare Matters Alliance and have years of experience in helping families with Elder Care Matters.

Below is a list of our 10 Elder Care / Senior Care Directories:

www.ElderCareMatters.com
www.ElderCareWebsites.com
www.FindElderLawAttorneys.net
www.FindEstatePlanningAttorneys.net
www.FindProbateAttorneys.net
www.FindVAAccreditedAttorneys.net
www.FindHomeCareProviders.net
www.FindDailyMoneyManagers.net
www.FindGeriatricCareManagers.net
www.FindSeniorLivingCommunities.net

Guardianship
Mary Kay Furiasse, BSN, JD, LLM
A/Z Health, Trust & Elder Law, LLC
Wheaton, Illinois
An ElderCare Matters Partner

Alabama Elder Law Attorney Answers Today’s Question on ElderCareMatters.com

Should I wait until I need Medicaid benefits before I see an Elder Law Attorney?

Answer:  No, if you anticipate needing Medicaid at any point in the foreseeable future, it’s prudent to seek the advice of a qualified elder law attorney. There are steps you can take to protect your assets which may not be available when you actually need Medicaid. Some of those steps may include transferring your assets or establishing trusts. An elder law attorney with expertise in Medicaid planning can evaluate your situation and advise you on the most prudent steps to take in order to preserve your rights and maximize benefits.

If you need help with your family’s Elder Law issues, you can find thousands of Elder Law Attorneys from across America on ElderCareMatters.com – America’s National Directory of Elder Care / Senior Care Resources for Families.  In addition, you can find Elder Law Attorneys who are members of the national ElderCare Matters Alliance on FindElderLawAttorneys.net - one of the Elder Care / Senior Care Directories sponsored exclusively by the national ElderCare Matters Alliance.

You can also find 10 of America’s TOP Elder Care / Senior Care Directories on ElderCareDirectories.com. These Elder Care / Senior Care Directories list thousands of Elder Care / Senior Care Professionals and companies who can help you plan for and deal with your family’s issues of aging.

In our Directories, you will also find Answers and Articles about a wide range of Elder Care Matters, information that is provided by our ElderCare Matters Partners – Professionals who are members of the national ElderCare Matters Alliance and have years of experience in helping families with Elder Care Matters.

www.ElderCareMatters.com
www.ElderCareWebsites.com
www.FindElderLawAttorneys.net
www.FindEstatePlanningAttorneys.net
www.FindProbateAttorneys.net
www.FindVAAccreditedAttorneys.net
www.FindHomeCareProviders.net
www.FindDailyMoneyManagers.net
www.FindGeriatricCareManagers.net
www.FindSeniorLivingCommunities.net

Alabama Elder Law Attorney
Stephen J. Bailey, Esq.
Bailey Law Firm
Birmingham, Alabama
An ElderCare Matters Partner

Selecting the Right Nursing Home for a Loved One

Would you please provide us with some TIPS on Selecting the Right Nursing Home?

Answer:  Selecting a nursing home for a loved one is one of the most important and difficult decisions that you may be asked to make. This decision is usually made during a time of crisis, frequently when a family member is ready to leave the hospital after a serious illness or operation. It would be easier on everyone if this decision could be planned for. However this is usually not the case. Just remember, be nice to your kids… they are going to pick out your nursing home.

The first issue to decide is whether or not you really need a nursing home (often referred to as Skilled Nursing Facilities or SNFs). Would some type of home services be adequate? This issue should be discussed with your physician, as well as other healthcare providers. There are many types of services available for people who choose to remain at home, such as home health care, adult day care centers, respite care (where another person can provide the caregiver some relief to allow for shopping, errands, or just a little “down time”) and hospice in-home care.

An option for those individuals who do not need the level of care that nursing homes provide is an Assisted Living Community. These communities provide many of the benefits of a skilled nursing facility but in a more home-like setting. They do not provide skilled nursing care, but will assist the resident in various activities such as dispensing medication, cleaning their room or apartment, providing meals, as well as various activities. Often the monthly cost of these communities is considerably less expensive than skilled nursing facilities, and may have special programs and special living arrangements for folks with cognitive impairments like dementia. We have visited many of these communities and some are quite beautiful. Some are like five star hotels with lovely dining rooms, individual mini-apartments, beautiful grounds, and other amenities you would want for your loved ones.

Once it has been determined that an individual needs care in a nursing home you should allow that person, if they are able, to be a part of the process of selecting a facility. Ask professionals in the field, friends or acquaintances who have been in a similar situation for information. The Connecticut State Agency on Aging has an Ombudsman program that can provide information on particular nursing homes, however you should also visit different homes to see what they are like. Talk to staff members, other residents and their families. You should visit each home more than once and at different times of the day. Ask if they have activities for the residents. Ask to see menus for daily meals. Also, ask what the costs are at each home. Another thing you may want to do is to just walk around the home and observe the condition of the facility and the residents.

Nursing homes have their own doctors. You should find out about the doctors, their credentials, how often they visit and if they are willing to meet with the family to discuss plans for treatment.

Federal law requires that residents have the right to be free from restraints administered for the purpose of discipline or convenience and not required to treat medical conditions. If you see residents in restraints, you should question the facilities staff about the nursing home’s policy on restraints.

Be sure to visit more than one nursing home before you decide. You can be on a waiting list at many homes and then choose the home you want. A little advanced planning can save you from having to make a quick decision when you are forced to find a nursing home in an emergency.

If you need help with your family’s Elder Care Matters, you can find thousands of Elder Care Professionals from across America on ElderCareMatters.com – America’s National Directory of Elder Care / Senior Care Resources for Families.

You can also find 10 of America’s TOP Elder Care / Senior Care Directories on ElderCareDirectories.com.  These Elder Care / Senior Care Directories list thousands of Elder Care / Senior Care Professionals and companies who can help you plan for and deal with your family’s issues of aging.

In our Directories, you will also find Answers and Articles about a wide range of Elder Care Matters, information that is provided by our ElderCare Matters Partners – Professionals who are members of the national ElderCare Matters Alliance and have years of experience in helping families with Elder Care Matters.

www.ElderCareMatters.com
www.ElderCareWebsites.com
www.FindElderLawAttorneys.net
www.FindEstatePlanningAttorneys.net
www.FindProbateAttorneys.net
www.FindVAAccreditedAttorneys.net
www.FindHomeCareProviders.net
www.FindDailyMoneyManagers.net
www.FindGeriatricCareManagers.net
www.FindSeniorLivingCommunities.net

Selecting the Right Nursing Home
George P. Guertin, Esq.
Guertin and Guertin, LLC
North Haven, Connecticut
An ElderCare Matters Partner

Who can help you file for VA Benefits? This is something ALL Veterans “MUST KNOW”

My Assisted Living Community referred me to someone who “helps” Veterans with disability claims.  Can I use them to file for VA Benefits?

Answer:  That depends. Federal law requires anyone assisting with a claim for VA benefits to be accredited by the VA General Counsel (Title 38 USC §5901 and 38 CFR 14.626). The VA only recognizes three types of individuals that can be accredited: attorneys, claims agents and Veteran Service Officers. Every person accredited by the VA receives credentials from the General Counsel. Ask to see their credentials or search for them on the General Counsels website http://www4.va.gov/ogc/apps/accreditation/index.asp. If they cannot provide their official VA credentials or you cannot find their name listed on the General Counsel’s website, avoid them at all cost! They are acting in violation of federal law.

If you need help with VA Benefits Planning or other Elder Care Matters, you can find thousands of Elder Care Professionals from across America on ElderCareMatters.com – America’s National Directory of Elder Care / Senior Care Resources for Families.

You can also find a list of VA Accredited Attorneys who are members of the national ElderCare Matters Alliance on FindVAAccreditedAttorneys.net – an Elder Care / Senior Care Directory sponsored exclusively by the national ElderCare Matters Alliance to help families across America plan for and deal with their Elder Care Matters.

And you can find thousands of elder care / senior care answers to your elder care questions as well as elder care articles to help you plan for and deal with your elder care matters on the following websites:

ElderCareMatters.com/ElderCareAnswers
ElderCareMatters.com/ElderCareArticles

VA Accredited Attorneys
Kevin Pillion, Esq.
Life Planning Law Firm, P.A.
Sarasota, Florida
An ElderCare Matters Partner

The importance of having legal help during the estate planning process

Why is it necessary to have legal help during the estate planning process?

Answer:  Estate planning is a complex job that many people put off for far too long. Some people simply don’t want to recognize that they need an estate plan, and they put off completing this task as a result. Others simply think there’s no need for them to have an estate plan due to their perceived lack of assets, but again this is a misguided approach to estate planning.

Everyone needs an estate plan, and everyone should consider and put together an estate plan — however simple you may want it to be — just in case the unforeseen happens. With all of this in mind, it is also important for people to realize that tackling your estate plan by yourself is often a poor strategy.

You may look up “estate planning” on the internet and think that the tips you get there will allow you to complete an estate plan. You may even get books “for dummies” that say they can help you craft the perfect estate plan. However, in most cases where an individual tries to put together his or her own estate plan, the entire project doesn’t end up the way it should.

This is why legal help is necessary during estate planning. You need someone who has the knowledge of estate planning and experience dealing with estate plan cases to help you with your plan — crafting it so it is compliant with the law, and giving you the advice you need to consider the difficult areas of estate plans that you may not have considered.

If you need help with Estate Planning or other Elder Care Legal Matters, you can find thousands of Elder Care Professionals from across America on ElderCareMatters.com – America’s National Directory of Elder Care / Senior Care Resources for Families.

You can also find Elder Law Attorneys on FindElderLawAttorneys.net and Estate Planning Attorneys on FindEstatePlanningAttorneys.net – 2 additional Directories sponsored exclusively by the national ElderCare Matters Alliance to help families plan for and deal with their Elder Care Matters.

And you can find thousands of elder care / senior care answers to your elder care questions as well as elder care articles to help you plan for and deal with your elder care matters on the following websites:

ElderCareMatters.com/ElderCareAnswers
ElderCareMatters.com/ElderCareArticles

Estate Planning and Elder Law Attorneys
Richard B. Vincent, Esq.
Vincent, Romeo & Rodriguez, LLC
Englewood, Colorado
An ElderCare Matters Partner

Today’s Q&A on ElderCareMatters.com is about the 2015 New York Medicaid Eligibility Rules

Would you please provide a Summary of the 2015 Medicaid Eligibility Rules for New York residents?

Answer:   A summary of the 2015 Medicaid Eligibility Rules in New York are as follows. In order to be eligible for New York Medicaid in 2015, an individual may possess no more than $14,850.00 in countable resources. Where countable (non-exempt) assets exceed the allowable Medicaid limit, with proper legal guidance, a portion may be transferred, prior to applying for Medicaid, instead of being spent down. An uncompensated transfer of resources (gifting) would create a period of ineligibility for Institutional Medicaid (i.e., care in a nursing facility), unless the gift was made to a spouse (inter-spousal gifts do not cause a penalty period). For every $11,455.00 gifted in Westchester, Putnam, Orange, & Dutchess Counties ($11,843.00 in New York City; $12,390.00 on Long Island) to a person other than a spouse, a one month penalty is imposed by Medicaid- rendering one ineligible for Medicaid until the penalty period has expired.

If the Medicaid application is submitted properly, the maximum period that benefits will be denied is five years. Transfers made more than 5 years before the date of the Medicaid application are ignored by Medicaid.

The penalty period begins to run when all four of the following factors exist:

1) the applicant is residing in a nursing or rehabilitation facility;

2) an institutional Medicaid application is submitted;

3) the applicant has countable assets below $14,850.00; and

4) the applicant’s income is insufficient to pay their medical expenses.

An applicant would need a source of private pay if a penalty period is imposed.

Note that the Medicaid transfer penalty rules, imposing a period of ineligibility for Medicaid, apply only in relation to Institutional care in New York; no penalty period is imposed for Community based Medicaid (“home care”) regardless of gifting. That is, an individual may gift assets in one month and qualify for home care on the first of the very next month. Home care is limited though- frequently, insufficient hours of care are provided- but families can supplement the care by privately paying for nurses or aides.

If you need help with Medicaid issues or other Elder Care Legal Matters, you can find thousands of Elder Care Professionals from across America on ElderCareMatters.com – America’s National Directory of Elder Care / Senior Care Resources for Families.

You can also find Elder Law Attorneys on FindElderLawAttorneys.net and Estate Planning Attorneys on FindEstatePlanningAttorneys.net – 2 additional Directories sponsored exclusively by the national ElderCare Matters Alliance to help families plan for and deal with their Elder Care Matters.

And you can find thousands of elder care / senior care answers to your elder care questions as well as elder care articles to help you plan for and deal with your elder care matters on the following websites:

ElderCareMatters.com/ElderCareAnswers
ElderCareMatters.com/ElderCareArticles

New York Medicaid
Marie A. Corliss, Esq.
Corliss Law Group
Cortlandt Manor, New York
An ElderCare Matters Partner


Elder Care / Senior Care Directories Sponsored by
the national ElderCare Matters Alliance:


www.ElderCareMatters.com
www.ElderCareWebsites.com
www.FindElderLawAttorneys.net
www.FindEstatePlanningAttorneys.net
www.FindProbateAttorneys.net
www.FindVAAccreditedAttorneys.net
www.FindHomeCareProviders.net
www.FindDailyMoneyManagers.net
www.FindGeriatricCareManagers.net
www.FindSeniorLivingCommunities.net