"Now most of the states work more and more aggressively to capture assets: “When Medicaid patients die, their electronic case files move within days to the [estate recovery] unit, which moves quickly to stake its claim before assets change hands.
In some cases, [the unit] takes funds directly from the bank accounts of a deceased.”
.....Second, there are still legal options available such as certain trusts, deeds and transfers which will protect the estate.
Third, if you get caught in a situation where a Medicaid claim on the home or other assets may be inevitable, make sure to review all legal options with a competent elder law practitioner.
You may qualify for an exception.
For example, if the home is occupied by a spouse, disabled or dependent child the recovery cannot be carried out.
Furthermore, there is a possible “hardship” exemption that would protect the homestead from estate recovery in certain circumstances, e.g., when it is the primary income-producing asset of the survivors such as in the case of a family farm or business.
Planning for long-term care has become more urgent in light of the new estate recovery law.
More than ever senior citizens and those who love them need to know their legal rights and take action to protect themselves"
1 comment:
This has actually been in law since 1994 (see Omnibus Spending Bill of 1994). Still smells.
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