Asset Protection & Medicaid Qualification - The Bradley Law Firm PLLC Germantown, TN Southaven, MS Estate Planning & Elder Law Attorney

Asset Protection / Medicaid Qualification

What Is Asset Protection Planning?

Asset protection planning is about protecting your assets from creditors — and it is not just for the super-wealthy.

Anyone can get sued. Lawsuits can stem from car accidents, credit card debt, bank foreclosures, or unhappy customers, among many other things. If someone wins a monetary judgment against you, your family could become bankrupt trying to pay it off. To keep your assets away from creditors, you need to move them somewhere where creditors can’t reach them. Asset protection techniques include maximizing contributions to IRAs, moving funds to an irrevocable trust, retitling various assets, or using limited liability companies or family limited partnerships.​

To develop an asset protection plan, you need to talk to your attorney. Your attorney can discuss your short- and long-term financial goals and help you create a plan that will work for you.​

It is important to note that asset protection planning only works if you act before you are sued. Under the law, you may not defraud current creditors. If you are already being sued or if you know you are going to be sued and you transfer assets so that creditors can’t reach them, the court will reverse the transfer. That is why it is a good idea to put a plan into place now — before it is too late.

Medicaid Planning & Medicaid Appeals

​One of the greatest fears of older Americans is that they may end up in a nursing home. This not only means a great loss of personal autonomy, but also a tremendous financial price. Depending on location and level of care, nursing homes cost between $40,000 and $180,000 a year.

​Most people end up paying for nursing home care out of their savings until they run out. Then they can qualify for Medicaid to pick up the cost. The advantages of paying privately are that you are more likely to gain entrance to a better quality facility and doing so eliminates or postpones dealing with your state’s welfare bureaucracy–an often demeaning and time-consuming process. The disadvantage is that it’s expensive.

Careful planning, whether in advance or in response to an unanticipated need for care, can help protect your estate, whether for your spouse or for your children. This can be done by purchasing long-term care insurance or by making sure you receive the benefits to which you are entitled under the Medicare and Medicaid programs. Veterans may also seek benefits from the Veterans Administration.​

Those who are not in immediate need of long-term care may have the luxury of distributing or protecting their assets in advance. This way, when they do need long-term care, they will quickly qualify for Medicaid benefits. Giving general rules for so-called “Medicaid planning” is difficult because every client’s case is different. Some have more savings or income than others. Some are married, others are single. Some have family support, others do not. Some own their own homes, some rent. Still, a number of basic strategies and tools are typically used in Medicaid planning.

Medicaid Appeals

Patients with Medicare coverage have a guaranteed right to appeal decisions about their health care coverage. You can appeal a denial of coverage of a medical service or a refusal to reimburse your medical costs. Regardless of which type of Medicare you are appealing (Part A, B, C, or D), the appeal process starts out with a request for your Plan provider or Medicare administrator to reconsider the initial decision. Next you can ask a specific outside review body to review your claim. If you are still denied, you can request a hearing with an administrative law judge at the Office of Medicare Hearings and Appeals.​

Medicaid appeals are much different, since Medicaid is a state-run program.

Testimonials

I have known Anthony for 17 years. I trust him to handle my own legal work, so I never hesitate to refer others to him. He has assisted many of my clients and friends with new business formations, business purchases and will and trust preparation. He and his staff do excellent work, and they are always friendly, courteous and responsive to the client’s needs.

J. Wayne Vanderford

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