Immediate Need Medicaid: The Fastest Route to Homecare Services

By Burner Law Group, P.C. / December 22, 2020 / 0 Comments

What is Immediate Need Medicaid? Immediate need Medicaid is an expedited application process to receive long term care at home paid for by Medicaid. Unlike the standard Medicaid application process, which can take approximately 6 months to receive services, those applying for immediate need Medicaid tend to receive care at home within one month of […]

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Can I Use an Irrevocable Trust to Pay for Assisted Living Costs?

By Burner Law Group, P.C. / December 16, 2020 / 0 Comments

*Updated 2021 Can I Use an Irrevocable Trust to Pay for Assisted Living Costs? In order for an Irrevocable Medicaid Trust to be considered “exempt” for Medicaid purposes, it must provide that no principal distributions can be made to the grantor. This requirement ensures that the recipient did need Medicaid to cover the cost of […]

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UTMA and 529 College Accounts

By Burner Law Group, P.C. / December 5, 2020 / 0 Comments

UTMA and 529 College Accounts  Question: My parents set up UTMA and 529 College Savings accounts for my children. I am not sure exactly what effect these accounts have on their financial aid in the future or whose assets they are if my parents need nursing home care. Answer: UTMA, or the Uniform Transfer to […]

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Trusts for Mommy and Me

By Burner Law Group, P.C. / December 3, 2020 / 0 Comments

Question:  My mother has a trust that protects her house in case she needs long term care in a nursing home.  Is this legal?  Also, when she dies the trust is paid to another trust for me.  Do I need this?  I am only 53 and my mother is 75.  Answer: I assume what you […]

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Community Medicaid for Two

By Burner Law Group, P.C. / November 24, 2020 / 0 Comments

When both spouses need long term care, they can apply together for Community Medicaid provided that they qualify as a “dual applicant.” As a couple applying for Community Medicaid, the spouses cannot have more than $23,100.00 in total countable resources. This typically includes bank accounts, brokerage accounts, non-qualified annuities, stocks, bonds and cash value of […]

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Does your Community Medicaid Move with You?

By Burner Law Group, P.C. / November 24, 2020 / 0 Comments

Community Medicaid, also known as homecare Medicaid, is not limited to care in one’s current home. A person is eligible for Community Medicaid so long as they reside in New York, do not require a skilled nursing facility, and meet the financial eligibility requirements. Applicants applying for Community Medicaid can have up to $15,750 in […]

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Medicare Does Not Pay for Long-Term Care at Home

By Burner Law Group, P.C. / October 21, 2020 / 0 Comments

The Medicare program is administered jointly by the state and federal government.  Medicare is available to adults 65 years of age and older, or to anyone under the age of 65 who is entitled to Social Security Disability. Medicare provides varying levels of medical coverage, depending on the plan you have.  Medicare Part A and […]

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What happens to your house when you enter a nursing home?

By Burner Law Group, P.C. / October 14, 2020 / 0 Comments

When someone enters a nursing facility for long term placement, there are several ways the Chronic Medicaid program can treat the primary residence. Usually the primary residence is a “countable asset” for the Medicaid applicant and needs to be sold.  However, there are some exempt transfer and planning techniques that can preserve the primary residence. […]

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A Power of Attorney is Essential for Medicaid Planning – Even if You are Married

By Burner Law Group, P.C. / September 4, 2020 / 0 Comments

A common misconception is that spouses have full access to each other’s finances, but this is not the case. Retirement accounts, pensions, and other assets in one’s individual name cannot be accessed by a spouse unless that spouse has been authorized to do so under a valid Power of Attorney. Medicaid recipients with retirement accounts […]

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How Gifting Affects Medicaid Eligibility

By Burner Law Group, P.C. / August 24, 2020 / 0 Comments

Gifting and Medicaid planning is commonly misunderstood.  We often see clients who believe that the gifting rules for Medicaid are the same as the IRS gifting regulations.  The IRS allows a person to give up to $15,000.00 per person annually without penalty.  Under the Code, all gifts made in any given year are subject to […]

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