happy older couple outside home

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

By Burner Prudenti Law, 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 Prudenti Law, 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 Prudenti Law, 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 Prudenti Law, 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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nurse and senior woman with walker

Immediate Need Medicaid: The Fastest Route to Homecare Services

By Burner Prudenti Law, 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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senior man smiling with his doctor

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

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

*Updated 2021 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 her long term care, whether at home or in a nursing home […]

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young girl holding a college degree

UTMA and 529 College Accounts

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

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 Minors Act are custodial accounts […]

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senior couple holding a piggy bank together

Trusts for Mommy and Me

By Burner Prudenti Law, 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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senior couple happy in a hammock

Community Medicaid for Two

By Burner Prudenti Law, 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 $40,821.00 in total countable resources. This typically includes bank accounts, brokerage accounts, non-qualified annuities, stocks, bonds and cash value of […]

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Nurse Making Notes During Home Visit With Senior Couple

Does your Community Medicaid Move with You?

By Burner Prudenti Law, 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 $27,216 in […]

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