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When a recipient of homecare or nursing home Medicaid passes away, a state agency will send a letter to the recipient’s estate with the value of the services it rendered for the last ten years preceding the recipient’s death. However, recovery only applies to recipients who were aged fifty-five or older.

Many families assume that if an older adult's monthly income exceeds Medicaid's income limit, they are automatically disqualified from receiving Medicaid home care. In reality, that is one of the most common misconceptions in elder law.

Having an experienced elder law attorney overseeing the Medicaid application and recertification processes can better one’s chance of achieving and maintaining Medicaid eligibility. 

When one spouse requires nursing home care, Medicaid recognizes that the other spouse is still living in the community and still needs financial support.

A New Yorker interested in applying for Community Medicaid – that is, long-term care provided by home healthcare aides – must meet certain income and asset limits to qualify.

Adding a child’s name to your deed can have significant consequences, particularly if you later need nursing home care and apply for Chronic Medicaid. Medicaid eligibility rules are complex, and transfers of property can directly affect whether benefits are approved.

The Consumer Directed Personal Assistance Program allows those who need a caregiver to recruit and hire someone of their choice to assist them with daily needs.

While a life estate deed is one of the tools in the estate planner’s belt, it is not the answer for everyone. As with any planning, the best option will depend on the goals, concerns and people involved.

Protecting one’s home in a Medicaid Asset Protection Trust (MAPT) is a common planning tool.

The biggest concern that most have when they are in need of long-term nursing home care is that their primary residence will not be protected. This may or may not be true.