Planning after Benefits are Granted

Almost without exception it is necessary to update the community spouse’s estate planning once benefits have been awarded to the institutionalized spouse in order to prevent the unnecessary loss of funds or unintended disqualification of the institutionalized spouse, in the event that the community spouse dies first. Once benefits have been awarded, an experienced elder law attorney can help you plan to preserve the remaining estate assets as well as the Medicaid recipient’s benefits in the case of unforeseen events, such as the untimely death of the community (at home) spouse.

If you are contemplating applying for benefits, or are in a position that you need to apply for benefits, please do not settle for advice from a non-lawyer which may be out of date and often amounts to little more than ‘spend it down and then apply’. Advice from a non-lawyer may save you a little money up front, but cost you far more in unnecessarily lost assets in the long run. An experienced elder law attorney can help you navigate the maze of rules with respect to Medicaid’s institutionalize care programs, the exemptions that apply to your particular situation, and help you protect as much of your assets as possible.
 

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