Medicaid Planning

Medicaid Planning

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Medicaid Planning, Elder Care At first glance the eligibility requirements for attaining Georgia Medicaid benefits for nursing home care may appear fairly uncomplicated. Unfortunately, meeting the necessary requirements regarding coverage for nursing home care can turn out to be quite complex, requiring the assistance of an experienced attorney. If you are attempting to secure Medicaid Nursing Home assistance there are specific income requirements you must meet as well as asset and categorical obligations.  

What is Medicaid and How Can It Help Me?
For those individuals who require medical and/or nursing home treatment, Medicaid is a federal and state program which can significantly assist those who can show true need. Once qualified, a person may be eligible for the state of Georgia to pay the difference between their monthly income and the monthly nursing home expenses.

Medicaid Eligibility Requirements
If you meet the following requirements, you may be able to receive specific benefits for Georgia Medicaid. Income and Asset Limits for Medicaid Eligibility
Keep the following information in mind when determining whether or not you or a loved one qualifies for Medicaid assistance: Remember that every circumstance is different, and should be discussed in detail with a qualified attorney as the advice and recommendations may vary considerably from case to case.

Challenges in Attaining Medicaid Benefits
Many people find it extremely challenging to meet the specific limitations set on income and property or possessions under Medicaid law. The income of the person applying for Medicaid Nursing Home benefits may not surpass approximately $2,130 per month. When considering assets, the assets considered non-exempt may not exceed a value of $2,000.

Exempt Medicaid Assets

Exempt assets are those that Medicaid will not include in the asset total to determine eligibility. In Georgia, the following are the primary exempt assets: Strategies for Medicaid Qualification
Unfortunately, many people desperately require Medicaid coverage in order to meet the considerable expenses of nursing home care, but will not immediately meet the asset and income test. These cases benefit the most from the services of a highly knowledgeable attorney who can develop strategies to allow qualification. These strategies may include the following:
  1. Qualified Income Trust—Should your monthly income exceed the cutoff of $2,130, an irrevocable qualified trust, also known as a Miller Trust should be considered. Once such a trust is created and the benefits for Medicaid are approved, your income will be deposited into this trust monthly and distributed as follows:
    • A personal needs allowance in the amount of $50 may be retained by the applicant.
    • For married applicants whose spouse's income is below the stated Monthly Maintenance Income Allowance, the difference between the spouse's income and the MMIA will be paid to the community spouse.
    • Some health insurance premiums may qualify under the Qualified Income Trust rules.
    • The remainder of the applicant's income is paid to the nursing home or other facility which provides care and is known as the patient's responsibility.
    The most crucial issue surrounding a Qualified Income Trust is management of the trust, meaning the income received monthly must be properly managed each month. Qualified Income Trusts are generally managed by an attorney who understands the importance of the monthly management. Creation and Implementation of the trust document must be in place in the same month application is being made for nursing home Medicaid eligibility.
  2. Service Contracts—One popular method of satisfying the asset eligibility test for Medicaid is through a personal service contract. This is most often necessary when the applicant's assets exceed the allowable amount of $2,000. A service contract allows assets to be effectively transferred to a trusted family member or friend in exchange for services not provided by the nursing home or other facility. Such services could include personal shopping, weekly visitation, personal groom
Let us help you determine the best Medicaid Planning strategy that will work for your particular situation. We offer a FREE initial consultation that will answer many of the additional questions not covered here on our web site.

Contact our law firm today at 770-386-8564 to schedule your free initial consultation.