CDPAP: Getting Paid to Take Care of Family

By Burner Law Group, P.C. / July 16, 2021 / 0 Comments

The Consumer Directed Personal Assistance Program (CDPAP) allows Medicaid long term care recipients to choose their own home care attendant, including family members, rather than hiring an aide from a home care agency. Under the standard Medicaid process, after Medicaid approval, the recipient undergoes an assessment with a Managed Long-Term Care plan (MLTC). The assessment […]

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What is a Marital Trust?

By Burner Law Group, P.C. / June 23, 2021 / 0 Comments

A marital trust is a type of irrevocable trust that allows one spouse to transfer assets to a surviving spouse tax free, using the unlimited marital deduction, while providing benefits not available if transferred outright. When drafting Wills for married couples, we usually include a Marital Trust to provide estate tax planning, spousal care, and […]

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Inheriting a House with a Medicaid Lien

By Burner Law Group, P.C. / June 11, 2021 / 0 Comments

A Medicaid lien on a home must eventually be satisfied. Typically, a Medicaid lien is placed on real property when an individual is receiving benefits through the Medicaid program during his or her lifetime and still owns a primary residence. Even when the home is exempt, it can become subject to a lien when the Medicaid […]

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How are Promissory Notes Used in Medicaid Planning?

By Burner Law Group, P.C. / June 3, 2021 / 0 Comments

Have you ever heard of the “5-year lookback” and wondered what people are talking about?  If you have, you are not alone.  The lookback concept is one that governs the conversation surrounding Chronic Medicaid, the New York State program that covers long term care services in a nursing facility.  To financially qualify for Chronic Medicaid, […]

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Should My Parents Give Away their Home to Me?

By Burner Law Group, P.C. / May 12, 2021 / 0 Comments

Giving assets away during one’s lifetime is usually done for two reasons.  The first is to reduce the value of one’s estate to avoid estate taxes at death.  The second is to protect assets in the event one needs long-term care covered by Medicaid. The 2021 federal estate tax exemption is $11.7 million.  This means […]

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Update: Navigating the Changing Landscape of Community Medicaid

By Burner Law Group, P.C. / May 3, 2021 / 0 Comments

Important changes to the Community Medicaid program in New York State were enacted in 2020. Not all of the changes have been immediate and the fate of others remains uncertain. For the time being, the program is being administered in a similar way to how it has been done in the past – but change […]

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Can I Transfer My Home if I am on Community Medicaid?

By Burner Law Group, P.C. / February 24, 2021 / 0 Comments

Given the changes to Community Medicaid, there are still a few unknowns regarding how New York State will handle certain issues. In April 2020, the State passed a new thirty-month lookback for all Community Medicaid applicants.  The law was written with an effective date of October 1, 2020.  This means any transfers or gifting from […]

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Paying Bills When You Have a Medicaid Trust

By Burner Law Group, P.C. / February 22, 2021 / 0 Comments

Question:  My mother has an irrevocable trust she set up for Medicaid planning purposes. My sister is the trustee and she is paying moms bills from the trust.  Is that correct? Answer: No, if the irrevocable trust was set up properly to protect your mom’s assets in case she needs long term care from the […]

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What is Spousal Refusal?

By Burner Law Group, P.C. / February 5, 2021 / 0 Comments

Spousal Refusal allows the spouse living in the community to refuse to use his or her assets in calculating the eligibility of the spouse applying for Medicaid long term care.  If one spouse requires nursing home care, the community spouse does not need to spend down all of his or her assets and become impoverished […]

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Failure to Maximize an IRA

By Burner Law Group, P.C. / January 1, 2021 / 0 Comments

Question: My mother applied for Chronic Care Medicaid to cover her stay in a nursing home facility. At the time of her application she had an individual retirement account (IRA) in the amount of $11,000.00 and $2,000.00 in her bank account. I was informed that the resource allowance for Medicaid is $15,900.00 (2021). However, my […]

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