Pooled Income Trusts

By Burner Law Group, P.C. / November 30, 2019 / 0 Comments

Q: My mom gets $2,000 income that is made up of her social security, a small pension, and monthly distributions from her retirement account.  Does she have too much income to qualify for home care services through the Medicaid program? A: No, your mom can stay in her home, receive services, and use her income […]

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Managed Long Term Care Program

By Burner Law Group, P.C. / November 20, 2019 / 0 Comments

Question: My father was recently enrolled into a Managed Long Term Care Company. I am having a hard time navigating his benefits and getting the care at home that he needs. Are there any options?  Answer: Yes, there are options. First, a basic understanding of the Managed Long Term Care Program (“MLTC”) is helpful when […]

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Financial Aid and Gifting

By Burner Law Group, P.C. / October 9, 2019 / 0 Comments

Question: My mother is elderly and gifted her house and a large bank account to me so that she could apply for Medicaid should her long-term care costs exceed her remaining resources. I am currently completing a FAFSA form for my son who is going to college next year. Will these gifts from my mother […]

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What Expenses Does Community Medicaid Cover?

By Burner Law Group, P.C. / August 14, 2019 / 0 Comments

The Community Based (Homecare) Medicaid program can assist families in paying for the cost of home health aides as well as supplies and equipment. Once approved for Community Medicaid, the individual is enrolled in a Managed Long Term Care Company (MLTC). The MLTC will be in charge of coordinating the recipient’s healthcare needs including, a […]

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Community Medicaid and Your House

By Burner Law Group, P.C. / July 31, 2019 / 0 Comments

*Updated August 11, 2020 While the primary residence is exempted from the resource calculation for an applicant for community-based Medicaid, there are certain precautions that should be taken to ensure that the house will remain protected under all circumstances. Owning a home does not disqualify an applicant from receiving Community Medicaid. Medicaid is a needs-based […]

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Chronic Medicaid

By Burner Law Group, P.C. / July 24, 2019 / 0 Comments

Question: I was speaking with a friend and she mentioned that I should consult an attorney for asset protection. I do not have a taxable estate, but she referred to a 5-year lookback. I do not understand why I would need asset protection. Answer: Your friend was most likely referring to asset protection relating to long […]

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Revocable and Irrevocable Trusts for Assisted Living

By Burner Law Group, P.C. / June 19, 2019 / 0 Comments

Question: About six years ago my parents signed two trusts: a revocable trust and an irrevocable trust. They transferred about $150,000.00 into the revocable trust and their house into the irrevocable trust They sold their home about three years and deposited $400,000.00 into the irrevocable trust. My dad passed away and my mom is at […]

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Medicaid and Prepaid Funeral

By Burner Law Group, P.C. / May 8, 2019 / 0 Comments

Question: My father is about to enter a nursing facility.  He may have to spenddown some of his money in order to qualify for Medicaid.  I was told that he could pre-pay his own funeral and he may be able to pay for his children’s funeral as well.  Is this true? Answer:  Yes, a pre-need funeral trust […]

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Medicare Rehabilitation Days

By Burner Law Group, P.C. / March 13, 2019 / 0 Comments

Medicare will pay for a patient to receive rehabilitation in a facility if they have a qualifying stay in a hospital, i.e. being admitted to the hospital for two nights. The first twenty days of rehabilitation are completely covered by Medicare. The twenty first day through the one hundredth day will have a co-payment of […]

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Effects of Income Change on Medicaid

By Burner Law Group, P.C. / March 6, 2019 / 0 Comments

Q: I am looking into different care options for my mom, but I am concerned that she will lose her income to pay for care.  This is the money she lives on every month.  I recently heard that I could get her care at home through Medicaid and she would still be able to use […]

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