The "Half-A-Loaf" Approach May Be Optimal Medicaid Choice

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Instead of giving away 100% and winding up with nothing for your family members as explained above, you give them 50% now and keep the other 50%. But if you stop there, you won't qualify for Medicaid because you have too much money: remember, you can only have $2,000 in countable assets, not $50,000!

So you'd have to spend that $50,000 on your care until it's gone, and then you can apply for Medicaid. But at that point you would find out that the gift you made 10 months ago counts against you (as do all gifts you made within the last 5 years, as a general rule), forcing your kids once again to pay for you till the $50,000 you gave them is gone. Hmmm; not any better than the first approach...

But wait, there's another twist in this that must be followed for it to work. Since the penalty period only starts running if you are otherwise eligible for Medicaid but for the gift penalty, you must make the $50,000 you kept "disappear," somehow. No, hiding it and lying to the Medicaid workers is not what I had in mind. That will only get you a huge fine and some time in prison; the food in the nursing home will start to look good to you in comparison!

The trick is to take that $50,000 you kept and purchase a Medicaid annuity, as described in Part 1. Then you should immediately apply for Medicaid. You won't qualify, because of the gift you just made, but since you are now broke, the penalty will start running. That means that you must somehow cover your own nursing home expenses for the next 10 months. That's where the annuity comes in: hopefully you purchased one that will pay you enough each month to cover your monthly expenses just for the penalty period. Ideally, the annuity payments stop at the exact moment that your Medicaid eligibility starts. Result: your children have an extra $50,000 they would not have had, had you done nothing. (And you stayed out of prison!)

Now, folks, this sounds simple, but let me warn you: Don't try this on your own, without competent legal advice! There are a number of details that I omitted, for simplification, and the rules of each state vary on exactly how this can be implemented. Nonetheless, it can be a powerful technique to save your family many thousands of dollars, in the right circumstances.



K. Gabriel Heiser is an elder law attorney and author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets." Read his full biography

 
 

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winkpc

Give a Hug

Jan 13, 2010

Interesting, but I would like to know the scenario if both husband and wife are alive and one of them needs nursing home care. I used "spousal refusal" a fewyears back. Also, what was the law on reimbursement after death prior to 2/8/06?

 
 

N1K2R3

Give a Hug

Jan 18, 2010

As an Econ major, I must have been asleep the day that they taught Annuities. When I did wake up, someone told me that it was explained as follows: One gives up, lets say $100,000.00 to an insurance company that offers annuities. In return for your $100,000.00, you get a "stream of money", perhaps $600.00 a month directly deposited into your checking account. Well la dee dah! Who in their right mind would give up $100,000.00 for a measley $600.00 a month? I spend that on restaurants and clothing stores. Why would anyone do that? I guess that I am confused. Why wouldn't you put the $100,000.00 into the stock market in a safe, or perhaps not-so-safe mutual fund? What does "annuitized" mean? Does one "lose" the $100,000.00 at some point in time (old age, or death)? What if you want out? Let's say you downsize and CAN live on your S.S. money and your Pension Fund money. Well Gollee! My suggestion is Don't give up the ship. Put the lump sum in a Mutual Fund, a C.D. or a Bond Fund, or how 'bout a plain ole high yield Savings Account?

 
 

ladydi103

Give a Hug

Feb 3, 2010

My 78 year old aunt needs to replace her glasses. At one time we got them replaced. I am thinking medicad paid for her glasses rims and the glass part and medicare paid for check up for her eyes. Is this correct does someone know. Please help

 
 

2Weary

Give a Hug

May 12, 2010

I read this article with some hope..but now after researching a little it seems as if it has mainly become outdated and the strategies outlined in have become difficult or sinnce a 2006 law and that states are trying to make sure children pay for their parents in anticipation of aging babyboomers.

 
 

Mike3

Give a Hug

Jun 1, 2010

If I take care of my dad can he qualify for medicade if he buys an annuity and puts it in my moms name?

 
 

N1K2R3

Give a Hug

Jun 1, 2010

Go aks Mr. Heiser or another elder care financial expert. Eyeglasses are never covered by any plan unless the prescriber is an Opthamologist (MD). Then you may submit the statement to Medicare and subsequentially to the secondary provider.

 
 

annaga

Give a Hug

Dec 14, 2011

my 88 yr old mother receives $692.00 each month from a retirement pension and
$1500.00 a month from Social Security before A & B plans are paid for. Which put
her over the $2022.00 medicaid income limit for Georgia Medicaid. She needs to be in a nursing home.She also has no assets at all except for $ 7,000.00 which will
be gone soon because of having to pay night sitter for her while in a rehab facility
after surgery. Can anyone offer ideas to help with this problem

 
 

igloo572

Give a Hug

Dec 16, 2011

Anna - She can do a "Miller Trust" - lots of stuff on-line about what it is. it is also called a "Supplemental Needs Trust".

Basically it is used for situation just like hers - a lot of these are folks who get railroad retirement which is often very, very good (3 - 4K a month) but under what they need to be Medicaid compliant for their monthly asset to be in a NH. This is an easy problem to solve. One of my aunts had Miller done.

It needs to be drawn up by an attorney - really, truly. What I would look for is a NAELA certified one who is in the city/county where your mom lives or closest by.
I would not have just a regular attorney do this - they are kinda tricky and have specific requirement depending on each state Medicaid's rules and how the state does MERP (Medicaid Estate Recovery Program).

One thing you want is for the trust to be flexible - that means if the pension or annuity or SS can change (and they do) - the trust allows for the change without having to re-do the trust every time that happens. Again you need an attorney who does elder law to do this for her.

What Miller does is set up a trust account for whatever is excess every month from her SS and pension. If this month it is $ 201.79 cents, then the trust is bigger by $ 201.79 this month, and next month, etc. etc. When she dies, Miller goes to the state Medicaid program entirely. It is not part of her estate or goes through probate - you probably want to make double sure that is the case as you don't want to spend for probate costs if you don't need to.

You should pay for the attorney from the $ 7K that she has too. It is pretty standard stuff, if you have her documents together you can go and start it. Allow a couple of hours for intake and then take her to sign off whatever a few days later. If you do not have other legal done on her, then get this all done at the same time like a DPOA, MPOA, Guardianship in case of Incapacity, etc. done too. Good Luck.

 
 

igloo572

Give a Hug

Dec 16, 2011

Ana - another thing. You want to get whatever document that shows what she pays for health insurance too.

Most states allow for the payment of health insurance (Medicare is like $ 97 a month right now from her SS) to be deducted from the asset co-pay to the NH.
This is pretty straightforward.

The tricky part is if she is paying for a secondary insurance policy - like she has BCBS and the payment is coming from her pension or annuity and taken out automatically before she gets the monthly payment. I'm not sure if all states allow for that amount (and it can be a lot) to be excluded from the asset co-pay. Once she is on Medicaid, you could have her drop the secondary health insurance as Medicaid should pay for whatever Medicare doesn't BUT if it is a really good policy (like BCBS) and the state allows it NOT to be included in the co-pay amount, you might want to keep it. Yep, it's confusing.

 
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