Why its important to work with a lawyer for Medicaid Applications & Planning
When an elderly client seeks estate planning assistance, it’s essential to discuss long-term care as well. This may involve the need for special will or trust drafting, pursuit of other asset-protecting strategies, and long-range planning.
Applying for Medicaid, VA benefits, and other similar services has become increasingly complicated, leading many clients to request our assistance with the process, even if asset-protection planning services are not initially needed. Medicaid can cover home health care, assisted living, or nursing home care, provided that planning is done to reduce income and assets below the required limits through asset protection strategies, not merely by spending down assets.
This process often involves legal advice on the use of Medicaid exemptions and exclusions of assets and income, as well as the use of special asset protection trusts to hold excess assets. Additionally, income trusts, such as Qualified Income Trusts (also known as “Miller” Trusts), can be utilized to exempt excess income above Indiana Medicaid income cap. Furthermore, Medicaid benefits for long-term care can be accessed through programs like waiver services, “Money Follows the Person,” or the new “Pathways” programs, depending on whether care is needed at home, in assisted living, or in a nursing home.
For your first appointment, gather up documents about assets, income, housing and medical expenses, personal ID such as birth certificates, marriage licenses, driver’s licenses, SS and health insurance cards.
Also, it will be necessary to choose what level of care – home, assisted living, or nursing home – if under age 60, call by going to website https://www.iaaaa.org/aaas/indiana-aaa-map/ to locate your area agency on aging (AAA) (ie. Lifestream Services), or if age 60 or older, then the AAA will give you a medical evaluation and you will pick one of the 3 managed care companies, United Healthcare, Anthem, or Humana.(https://www.in.gov/pathways) Do not apply for Medicaid until after you have attended a consultation with our law office and planning has been completed.
Medicaid Applications
As a Certified Elder Law Attorney (CELA)* John Longnaker and his team’s expertise in these applications can help ensure that clients navigate the complexities of Medicaid applications with confidence and receive the benefits they need & deserve.
New Applications:
- Assisting with the initial application process to ensure all requirements are met and documentation is complete.
Reapplications & Annual Redeterminations to maintain:
- Helping clients with the reapplication process to maintain their benefits without interruption.
Appeal Denials:
- Representing clients in the appeals process for denied Medicaid applications.
- Preparing and submitting the necessary documentation for appeals.
Advising Submissions:
- Providing guidance on the submission of additional information or documents required by Medicaid.
Medicaid Planning
We provide comprehensive Medicaid planning services to help clients protect their assets while qualifying for Medicaid benefits.
Asset Protection Plans:
- Developing strategies to protect assets while qualifying for Medicaid.
- Advising on the legal options available to safeguard wealth.
- Personal services agreements
Miller Trusts (Qualified Income Trusts):
- Creating and managing Miller Trusts to help clients qualify for Medicaid by directing excess income above Indiana’s Medicaid income cap into the trust.
Applications:
- Assisting with the completion and submission of Medicaid applications, ensuring accuracy and completeness.
Special Needs Trusts:
- Establishing Special Needs Trusts to protect the assets or inheritance (from others) of individuals with disabilities without affecting their eligibility for Medicaid.
Litigating Appeals & Handling MCE Grievances:
- Representing clients in court for Medicaid appeals and disputes.
- Ensuring clients’ rights are protected and they receive the benefits they are entitled to.
- Assist with Indiana’s new managed care program (Pathways), persons who have their Medicaid coverage denied, terminated, or reduced can file a grievance with their managed care entity (MCE).
Ensure your future is secure with expert* Medicaid planning. Longnaker Law is here to protect your assets and guide you through every step.
Contact us today for a consultation and take the first step toward peace of mind.