Connecticut Medicaid Planning Attorneys

Compassionate Legal Team Helping Families with Medicaid and Long-Term Care Planning

Getting older means contending with more than just outliving those we love and dealing with new physical ailments. As we age, we must also consider financial and legal matters, including Medicare and Medicaid benefits, Social Security, and estate planning. It is wise to create a Medicaid plan in advance to protect your well-being and make things easier for your children or grandchildren. When faced with difficult questions about elder law, nursing home care, wills, social services, and other ongoing care for older adults, it is highly advisable to consult professional Medicaid planning attorneys.

At the Law Offices of Ericson, Scalise & Mangan, PC, we provide respectful, empathetic legal services to clients and their families seeking Medicaid assistance. By working with our legal team and engaging in Medicaid planning, you can make crucial medical and in-home care decisions in advance. In most cases, early planning not only delivers the optimal outcome for our clients but also saves them money and simplifies matters for their family members.

How Early Should You Begin Medicaid Planning in CT?

Many people delay Medicaid planning until they reach a certain age or notice a decline in cognitive ability. Even so, it’s essential to begin Medicaid planning long before then. By beginning Medicaid planning early, you can help reduce the risk of losing your assets and lower the cost of nursing home and home care services.

When you submit your initial Medicaid application, the state will review your assets over the last five years. Because of this, you mustn’t wait until you actually need ongoing care. Instead, it’s better to plan. Our legal team can advise you on strategies to protect your assets and meet the eligibility requirements for Medicaid and other need-based programs.

What is the Medicaid Five-Year Look-Back Period?

The Medicaid program has strict income limits used to determine eligibility. In Connecticut, the five-year look-back rule applies to individuals seeking Medicaid eligibility to enter nursing facilities or use the Connecticut Home Care Program for Elders (CHCPE). The Connecticut Department of Social Services (DSS) oversees the medicaid application process and reviews all of the applicant’s financial transactions over the past 60 months.

Connecticut imposed a strict $1,600 asset limit for a single applicant, which can often prompt individuals to reduce their countable assets.

Even so, DSS will deem any asset transferred for less than fair market value to be an improper transfer. If it is determined that you violated or attempted to circumvent Medicaid rules, a penalty period will be imposed. During the penalty period, you will be ineligible to receive Medicaid payments.

Before doing anything that could result in you being subjected to a penalty period, it is best to seek assistance from an attorney who can review your financial resources for Medicaid eligibility purposes to see if you qualify.

What Financial Resources are Not Considered Countable Assets?

If you are a potential medicaid applicant, your countable assets must be limited to $1,600. Even so, several assets are exempt from the five-year look-back period and exceed the $1,600 limit.

These non-countable assets include:

Your primary residence
One personal vehicle of any value. However, if you own a second vehicle, it is considered a countable asset, and its value will count against the $1,600 limit
Term-life insurance policies are totally exempt, but whole life policies are only exempt if their combined cash value is $1,500 or less
Prepaid funeral and burial assets. Even though these resources are exempt, Connecticut has strict rules governing the types of contracts used
Household and personal belongings, such as clothing, jewelry, furniture, and appliances, are typically exempt

To learn more about excluded assets and whether you are eligible for Medicaid, contact our Medicaid planning attorneys as soon as possible. Careful planning ahead of time can help you qualify for Medicaid without the worry of wondering how you will pay for the cost of nursing home care without having to lose your hard-earned assets.

What Rules Protect the Community Spouse who is not applying for Medicaid?

When only one spouse applies for Medicaid benefits, only their income is counted. Nevertheless, Connecticut has the spousal impoverishment provisions that protect the community spouse who is not applying for Medicaid benefits. One of the key provisions is the Community Spouse Resource Allowance (CSRA), which allows a spouse to retain half of the couple’s assets to prevent impoverishment while the other spouse is in a nursing home.

The CSRA allows the spouse to keep up to approximately $ 157,920, which is not counted toward their spouse’s countable asset limit. The community spouse is also eligible for a Minimum Monthly Maintenance Needs Allowance (MMMNA) to cover monthly living expenses.

The Law Offices Of Ericson, Scalise & Mangan, PC recognizes that deciding to place a spouse in a nursing home facility can be overwhelming as you worry about how it could affect you financially. The most effective way to protect yourself and still care for your loved one is to hire an attorney immediately so you can begin planning for tomorrow.

What is a Medicaid Asset Protection Trust?

We can help protect your hard-earned assets by establishing an irrevocable trust. A Medicaid asset protection trust (MAPT) is an irrevocable trust that can help you qualify for a needs-based program like Medicaid while protecting your assets for your benefit and the benefit of your family members and heirs.

If you choose to create a MAPT, you can transfer assets such as cash or real estate into the trust that a trustee manages. Once the assets are placed in the trust, they are no longer considered your property; the trust owns them. Once an irrevocable trust is established, you generally cannot modify its terms or remove assets from it.

Once the assets have been in the trust for 60 months, they are usually considered exempt from your countable assets, enabling you to apply for Medicaid benefits without the concern that you will be penalized.

To ensure you meet all state and federal financial requirements, we highly recommend contacting our Connecticut law firm for legal assistance.

What Are the Benefits of Hiring a Medicaid Planning Lawyer?

As your legal counsel, we can assist you and your family with a range of Medicaid planning and eligibility matters.

These Benefits include:

Applying for government benefits applicable to healthcare, assisted living facility residency, nursing home services, and more
Creating advanced healthcare directives
Developing comprehensive asset protection strategies
Drafting and reviewing wills and trusts
Estate planning for married couples in their elder years
Preserve assets for your beneficiaries
Settle legal disputes
Writing the power of attorney documents to designate an individual to make financial decisions on your behalf

Schedule an In-Depth Case Review with an Experienced Medicaid Planning Attorney Today

Whether you are a senior citizen, a family member caring for an older adult, or the spouse of a person who may qualify to be a Medicaid recipient, please get in touch with our Connecticut law firm to discuss your unique case in more detail. In your initial consultation, we will review your specific needs and goals and help you submit a successful Medicaid application.

To learn more, please contact our law firm today. You may reach us at our New Britain law office at 860-854-3809 or at our Avon office at 860-854-3545.