Avoiding the Risk of Medicaid Liens
Individuals who receive Medicaid to pay for nursing home care, assisted living or in-home care must meet stringent financial requirements. The non-excluded or inaccessible resources cannot exceed $2,000 at the time of application, and as of the first day of each successive calendar month, must be below that limit in order to maintain eligibility. What resources are “excluded” or...
Elective share and Medicaid can lay a trap for the unwary
In New Jersey, a surviving spouse has the right to claim his or her “elective share” of the deceased spouse’s estate if the deceased left him/her an inadequate inheritance. The calculations are made using the step-by-step process of a set of state statutes, N.J.S.A. 3B:8-1. If the individual receives Medicaid benefits and is widowed, failure to claim the “elective...
Caution! Assets in a guardianship account impact Medicaid and DDD eligibility
When a minor who has disabilities reaches age 18 and is incapacitated, their parent or custodian will typically file for Guardianship. In some cases, the minor has assets under Court control that are held in a guardianship court account through the county Surrogate. These might be assets that were received through a prior personal injury lawsuit award or settlement, or assets that the minor...
If you go into a Nursing Home, Does the State Take your House?
Nursing home care can be necessary when a person who is medically fragile or has severe memory impairment, confusion & dementia is unable to be effectively cared for in a home care setting. It could be that the home has too many stairs, inaccessible bathrooms or other hazards. It could be that the patient needs higher skilled nursing attention. It could also be that there is no family...