THE LADYMAN LAW OFFICE
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Family Advocates for Medicaid Nursing Home Care
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Senior Planning Services provides estate preservation from Medicaid / nursing home spend down. You don't have to spend your life savings paying for nursing home costs.

If you are responsible for the management of the assets of someone who is currently in a nursing facility or about to enter into a nursing facility, the following information is vital to that person’s financial health.

Today, one of the most stressful problems facing senior citizens who enter nursing homes is the loss of their life savings by paying for their cost of care while in the nursing home.

An alternate source of funding for nursing home costs could possibly be the nursing home Medicaid program.

When entering a nursing home you have two options. The first option is a total spend down of your life savings on nursing home costs. The second option is to be able to preserve a substantial amount of your life savings, while at the same time qualifying for Medicaid benefits.

If you know the guidelines and how to apply them, you will find that in most cases you are not required to spend all your money, but can actually preserve a large part of it.

There is a large information gap for families on how to access long-term nursing care benefits under the Medicaid program and avoid unnecessary spend down of resources.

At one end of the information spectrum are the social workers, discharge planners and admission directors who focus on solutions to medical and nursing care treatment.

At the other end is the Texas Department of Human Services, a dedicated group of Medicaid workers. It’s their job to process applications and to approve or reject applicants for benefits.

As a result of this information gap, people are not able to get all of the information they need to make an informed decision about the issues concerning long-term care planning and the preservation of their estate as the guidelines might afford them.

There are many myths about Medicaid, mainly being that it is a welfare or poverty program. Nothing could be further from the truth. In fact, “when a stay-at-home spouse can keep up to $2,841.00 of the total monthly income and up to $113,640 of the total family assets (in some cases, the stay-at-home spouse is allowed to keep all of the total family assets) it’s difficult to see it as a poverty program.”



Spending all of your money on nursing facility costs when you don’t have to is bad enough. Now in Texas, an estate recovery law enables the state to file a claim on homesteads and other property to recover nursing facility costs incurred by the state (some exceptions do apply). Previously in the state of Texas, homesteads were considered an exempt asset and the estate recovery law did not exist.

Proper planning to protect homesteads and other property from estate recovery is now an important part of nursing home financial planning. This type of planning requires someone with specialized knowledge of the ever-changing long-term care rules and regulations.

Click here to learn more about the services we provide.

Ed Marcum - Medicaid Consultant for The Ladyman Law Office

Legal services provided by The Ladyman Law Office