Correcting a Medicaid Mistake from 15 Years Ago (Part 2) #Medicaid, #MondayMorningBlog
           Last week I was telling you about Monica’s dilemma. She thought the home she and her husband, Paul bought together with her mom had been retitled to them 15 years ago with Mom retaining a legal right to live there for her life time. But, that’s not what happened.Â
Correcting a Medicaid Mistake 15 Years in the Making #MondayMorningBlog
          I received a call the other day concerning the following dilemma. Monica and her husband, Paul had bought a home together with Monica’s mom 30 years ago. The home was held as tenants in common, meaning if, for example, Mom died her share would pass by way of her
2016 VA and Medicaid – Changes and Trends #2016VA #2016 Medicaid
           This week I thought I would discuss some changes and trends that are - and in the future may - make it more difficult to qualify for two programs that provide critical benefits to pay for long term care, the VA’s Aid and Attendance and New Jersey’s Medicaid program.           Â
New Medicaid and VA Figures for 2016 #2016Medicaidnumbers
               Each year, many of the programs that, as elder law attorneys, we deal with daily, such as VA Aid and Attendance and Medicaid, are adjusted for inflation through a cost of living adjustment.                For 2016, the Social Security Administration announced that Social Security recipients will receive no increase, the
Gifting and the Medicaid Penalty (Part 2)
    Last week I was telling you about a recent New Jersey court case which resulted in a 10 and ½ year Medicaid penalty. The family tried to navigate New Jersey’s Medicaid rules on their own and then tried to fix their mistake. It didn’t work. Let’s examine why.     To
Gifting and the Medicaid Penalty
      Once again, a recent New Jersey court case has highlighted the dangers of do it yourself Medicaid planning. In the case in question, C.W. v. New Jersey Division of Medical Assistance and Health Services, 90 year old C.W. moved into a nursing home in 2007. She then transferred her
Family Caregiver Agreements – Acceptable? (Part 2)
           Last week we were discussing family caregiver agreements in light of a recent New Jersey Appellate court decision, E.R. v. DMAHS. In that case, Mom and Daughter entered into a caregiver agreement while Mom was living in Daughter’s home.            Mom eventually entered a nursing home and applied for Medicaid.Â
Family Caregiver Agreements – Acceptable?
           When having a conversation about long term care and qualifying for Medicaid, every so often the topic turns to paying a family member to care for Mom or Dad. Is it a permitted Medicaid spend down?            In many cases the discussion occurs after the services have already been provided
Qualified Income Trusts Revisited (Part 2)
               Last week I said I would share with you my experiences filing applications with Qualified Income Trusts (Miller Trusts) which are required when an applicant has income over Medicaid’s strict income cap ($2199 for 2015).                The rules are very technical. Income can’t be split. If I receive $1500 from
Qualified Income Trusts Revisited
           It has been 7 months now since New Jersey eliminated its Medically Needy Medicaid program and as a result brought back Miller trusts. I detailed the changes in my posts of October 13 and October 20, 2014. The changes actually went into effect December 1, 2014. How have these changes