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Medicaid Planning

Is it a good idea to have joint ownership of bank accounts?

By Asset Protection Planning, Estate Planning, Medicaid Planning

As you get older, you may find yourself needing assistance paying bills and managing finances. Oftentimes, seniors will add their children and loved ones as co-owners to bank accounts. It is important to know that there are advantages and disadvantages to having joint ownership of bank accounts.

A joint owner has complete access to your account and can make any withdrawals he or she wishes to make. The joint owner can make these withdrawals and write checks without your permission. While this may not cause any problems with a trusted person as your co-owner, it can lead to bad circumstances if the person is acting against your interest. It is also important to remember that your assets in the joint account are reachable by your co-owner’s creditors once their name is on the account.

A common misconception regarding Medicaid and jointly-owned accounts is that Medicaid will see the account as being owned in half by the applicant and half by the co-owner. However, the case is actually that Medicaid will view the account as belonging solely to the applicant. Thus, the Medicaid applicant has the job of proving otherwise.

Lastly, when you pass away, the remaining assets in the account will become the property of the co-owner, regardless of whether you want them passed along to that individual. While that is an easy and convenient method of transferring assets, it can problematic if you want them to be given to or shared with someone else.

When you consult with a Bach & Jacobs, P.A. attorney about your estate plan, they will analyze the titling of your assets and advise you whether joint titling is appropriate given your objectives and goals.

Does Medicaid Consider the Assets of My Unmarried Partner?

By Asset Protection Planning, Government Benefits, Medicaid Planning

For unmarried individuals applying for Medicaid who have not commingled their funds, the state will not count the assets and income of the individuals’ partners.

The state will treat each partner as single when determining their eligibility for Medicaid. It is important for unmarried couples to be aware of transfer rules, however. For married couples, they are free to transfer assets to one another, but for unmarried couples, they may be penalized for a transfer of assets with a period of ineligibility for benefits.

To find out more about becoming eligible to receive Medicaid benefits to cover long term care, contact Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.  Babette is experienced in giving Medicaid eligibility advice and navigating the process of applying for and receiving Medicaid benefits while protecting your assets to the highest degree possible.

 

 

Florida launches ABLE United Program

By Asset Protection Planning, Elder Law, Government Benefits, Medicaid Planning

Being one of the first ABLE (Achieving a Better Life Experience) savings plans in the country, Florida’s ABLE program now allows individuals with disabilities to maintain their eligibility for government benefits while owning more than $2,000 in assets.

As of July 13, 2016, Intuition ABLE Solutions has partnered with the Florida Prepaid College Board to launch the program. Qualifying individuals are required to hold their assets in ABLE accounts, which are modeled after college savings plans. The disabled individual acts as the owner and beneficiary of the account, and the growth of the account is tax-free. Up to $100,000 of the account is considered a non-countable resource. Funds may be withdrawn tax-free for qualifying expenses such as transportation, medical expenses, and housing.

However, there are several restrictions to the program. The individual applying for the program must have developed the disability by his/her 26th birthday. When the individual passes away, the state government must be paid back from any funds that remain in the account. Also, no more than $14,000 per year may be contributed to the account by the individual. The maximum limit of the account is $418,000.

If you have further questions on this topic or want to find out whether you or a loved one could benefit from an ABLE account, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

What are some of the federal regulations for home care workers that work through a Medicaid-funded, self-directed program?

By Elder Law, Long-Term Care, Medicaid Planning

If you hired a worker through a self-directed program and act as the employer, federal regulations require that you:

  • You are responsible for making sure the home care workers receives minimum wage and any overtime pay
  • Make sure the fiscal intermediary pays the worker properly, if necessary
  • Make sure the fiscal intermediary or agency keeps employment records

How is the appointment of a health care surrogate part of an advance directive?

By Elder Law, Estate Planning, Medicaid Planning

It is important for everyone, young and old, to plan for both end-of-life care and unforeseen medical problems. There are certain documents you can prepare to appoint a trusted person to assist you with health care decisions if you are incapacitated.

 

Health Care Surrogate

A great first step in preparation for this is to designate a health care surrogate. A health care surrogate is an appointed individual who makes health care decisions for you when you become unable to make them yourself. This individual advises doctors and makes important medical decisions for you. Your living will and appointment of a health care surrogate are two documents that can guide your health care decision-making. A health care surrogate does not have any control of your finances unless indicated. Typically, you would designate a durable power of attorney to have access to your finances.

 

If you have further questions about this topic or setting up your estate and end-of-life documents, contact one of our experienced estate planning attorneys at (941) 906-1231.

Florida’s Medicaid Penalty Factor to Increase Effective June 1, 2016 by Babette B. Bach, Esquire, Sarasota, Florida

By Elder Law, Estate Planning, Medicaid Planning

As of June 1, 2016 the Department of Children and Families has amended their Medicaid rules to increase the penalty divisor for uncompensated transfers (i.e. gifting) from $8,346 to $8,662. This new penalty divisor reflects the estimated monthly average cost of skilled nursing home care in the state of Florida. Any transfer for less than fair market value made within 60 months (5 years) of applying for Medicaid will be subject to a penalty. For example, if someone gifted $86,620 within the 60 months, it would result in 10 months of ineligibility for Medicaid.
Anyone who anticipates needing to apply for Medicaid for skilled nursing home care costs should avoid gifting and should not gift without consulting with a board certified elder law attorney. It may be possible to avoid this penalty with good planning.
Contact our office to schedule an initial consultation for any of your Medicaid Planning, Estate Planning, or Veterans Benefits needs.

Babette B. Bach, Esquire, Board Certified Elder Law
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

Services Medicaid Planners Are Not Authorized to Provide

By Elder Law, Medicaid Planning

Due to a recent Florida Supreme Court decision, many Medicaid Planning services may only be provided by licensed attorneys.  Non-lawyers who provide Medicaid Planning are engaging in the unlicensed practice of law and, because non-lawyers in the Medicaid Planning field are unregulated, often give misguided advice which financially harms clients.

The following are some services which can be legally provided by attorneys but not by non-lawyer Medicaid Planners in the state of Florida:

  • Drafting income trusts
  • Drafting personal service contracts
  • Giving Medicare advice concerning Observation Status, Coverage, and Dropping Medicare Advantage Plan
  • Helping with placement issues on the Medicaid waitlist for the Diversion program
  • Reviewing long term care insurance policies and advising on how to maximize benefits
  • Updating estate planning documents
  • Helping get SSDI or SSI for those under age 65
  • Protecting disabled dependents
  • Advising on pros and cons of all planning options

If you are looking for Medicaid planning advice, be sure to consult a qualified and experienced Elder Law attorney. Babette Bach is nationally certified as an Elder Law Expert by the National Elder Law Foundation and is also a Florida Board Certified Elder Law Attorney.  To consult with Ms. Bach, contact our office at (941) 906-1231.

Do IRAs affect Medicaid eligibility?

By Medicaid Planning, Tax Law

With proper Medicaid planning, IRAs can be considered exempt for Medicaid eligibility.  This means that the money in an IRA does not need to be spent in order for someone to qualify for Medicaid benefits.  These benefits can be used to help pay for assisted living facility costs without depleting IRA assets.

For personal Medicaid planning services, please contact our Florida Board Certified Elder Law Attorney Babette Bach at (941) 906-1231.

How can I help my loved one with special needs save for the future without affecting their state and federal benefits eligibility?

By Estate Planning, Government Benefits, Medicaid Planning

A new federal law allows individuals to help their loved one with special needs save for their future without jeopardizing their public benefits.  In December of 2014, the Federal Achieving a Better Life Experience (ABLE) Act passed through Congress.  This legislation allows anyone who became disabled before age 26 to save up to $100,000 (a large increase from the previously allowed $2,000) in a tax free account which will not affect their eligibility for state or federal benefits.  The money in an ABLE account can be used for education, housing, transportation, employment support, personal support services, legal fees, health expenses, funeral expenses, and financial management.  Regulations for these accounts are still in development but accounts should be able to be set up starting around mid-June of 2015.

If you have further questions or need Medicaid planning services for your loved one with special needs, contact Babette Bach, Esq., a Florida Board Certified Elder Law Attorney, at (941) 906-1231.

Medicaid Planning and Qualified Income Trusts

By Elder Law, Estate Planning, Medicaid Planning

Even if your gross income (prior to deduction) is above the minimum required to qualify for Medicaid ($2,199 for 2015), you may be able to become eligible by setting up a Qualified Income Trust with the assistance of an attorney licensed in Florida.  The income you receive in excess of the minimum income requirement for Medicaid eligibility can be transferred into a Qualified Income Trust account and, as long as you continue to transfer this income every month, you may be able to qualify for Medicaid coverage.  Unlike Medicare, Medicaid can be used to pay for long term care services, such as assisted living facility or skilled nursing facility bills, which can very quickly become extremely costly.

To find out more about becoming eligible to receive Medicaid benefits to cover long term care, contact Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.  Babette is experienced in giving Medicaid eligibility advice and navigating the process of applying for and receiving Medicaid benefits while protecting your assets to the highest degree possible.