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Medicaid Planning In Ohio

Long-term care is often both expensive and necessary. When the time comes that you need assistance, you want to have a plan in place to pay for the care. That’s where Medicaid planning can help. Our Central and Southeast Ohio Medicaid planning lawyer can help you qualify for the program without losing your assets. Then, you can still pass down assets to your beneficiaries without sacrificing care.
It’s important to start Medicaid planning at least five years before you’ll require care. Since you aren’t sure when that might be, it’s never too early to begin. Contact our Ohio Medicaid planning lawyer today for a free consultation.

Medicaid Eligibility

Medicaid will review your application to determine your eligibility. To be eligible, you must:
  • Be disabled or 65 or older
  • Meet the asset requirements
  • Meet the income requirements
Your Central Ohio Medicaid planning lawyer can help you meet the income and asset requirements. With the right strategy, you can transfer the assets and income out of your estate while still benefiting from it.

Medicaid Asset Protection Trusts

Many people set up Medicaid asset protection trusts so they can qualify for the program. This is an irrevocable trust, so you cannot modify or revoke it once you create it. In addition, after you transfer assets into the trust, they’re no longer part of your estate. Thus, they don’t count toward the program’s asset limit.

However, Medicaid has a lookback period of five years from the date you apply for the program. When you submit your application, the government will check for all transfers made within the last five years. Those transfers will count toward your estate. Thus, it’s important to contact a Southeast and Central Ohio Medicaid planning lawyer soon to start the process.

Medicaid-Compliant Annuities

Do you depend on annuities as part or all of your income? If so, your Central Ohio Medicaid planning lawyer will review them to make sure they’re Medicaid-compliant. Otherwise, the money will count toward your income and asset limits.

Medicaid-compliant annuities are non-transferable, fixed, and can only last during your lifetime. Also, you have to set up the annuities, so the money goes to the state of Ohio when you pass away. Consult with an attorney if you would like to add Medicaid-compliant annuities into your estate plan.

Income And Asset Limits

As of 2021, you cannot make more than $2,382 a month or have more than $2,000 in assets to qualify for Medicaid as an individual. If both you and your spouse are applying, your income limit is $4,764 a month, and the asset limit is $3,000. Even if you are well over the limit, your Ohio Medicaid planning lawyer can help. Consult with a lawyer today to find out how an irrevocable trust and other strategies can help you qualify.

What’s Considered Income?

The government counts all money that you receive as income. That includes pension, social security, stock dividends, and more. If you are unsure of how much income you earn, consult with an attorney. Your lawyer will go over your finances to determine the strategies necessary to help you qualify for Medicaid.

7 Medicaid Myths in Ohio

Myth 1: You Must Give Up All Your Assets to Qualify for Medicaid

Ohio Medicaid eligibility does not require depleting all your assets. Although strict asset limits exist, with proper Medicaid planning, you can protect your assets and qualify for Medicaid benefits.

With the help of an experienced Ohio Medicaid attorney, you can preserve every dime and avoid spend-downs and home liens, ensuring your assets remain yours to control. We know how hard you have invested in your future and will help ensure that you — not the government – choose what happens to your assets.

Myth 2: Transferring Assets to Loved Ones Disqualifies You from Medicaid

Asset transfers are indeed subject to strict rules. However, using proper Medicaid planning strategies, you can transfer them within the allowable time frame. You can achieve Medicaid eligibility without risking your loved ones’ inheritance.

Ohio requires a five-year “look-back period,” meaning that transfers made within five years of your Medicaid application may incur penalties. That’s why it is never too early to start your Medicaid planning. A proactive approach ensures your preparedness and protection when you need long-term care.

Myth 3: You Must Sell Your Home to Qualify for Medicaid

Let us put your mind at ease: the prospect of losing your home to qualify for Medicaid is largely a myth. Medicaid often considers a primary residence an exempt asset, allowing you to simultaneously retain your cherished home and Medicaid benefits for long-term care. The only catch? The home equity value must remain under a designated threshold, and you must show a desire to return to the residence if your health permits.

If you’re single, the home exemption applies to you as long you maintain your primary residence. Married couples can take advantage of an unlimited home exemption if one spouse continues to live in the home. Medicaid offers additional provisions for those caring for disabled children.

Are you feeling overwhelmed? An Ohio Medicaid planning attorney can expertly navigate your unique circumstances, helping ensure your beloved home remains safe and sound.

Myth 4: If You Have Medicare, You Have Coverage for All Your Healthcare Needs

Many people wrongly believe that Medicare covers all their healthcare needs. However, while Medicare covers many services, it only covers the cost of long-term care for 100 days—if the person enrolled in Medicare meets specific requirements.

Conversely, for those who qualify, Medicaid covers long-term care services, a vital resource for seniors that require ongoing care.

Myth 5: If You Receive Medicaid, Your Spouse Will Lose Everything

Ohio’s spousal impoverishment rules safeguard your loved one’s financial stability, designed to protect the well-being of the “at-home” partner when their spouse needs long-term care. These regulations allow the community spouse to hold onto a specific portion of income and assets, ensuring they’re well-supported while their partner benefits from Medicaid.

Don’t navigate this complex process alone. An experienced Ohio Medicaid attorney can share savvy asset transfer advice to avoid Medicaid penalties; provide income allocation assistance to maintain the community spouse’s quality of life; and offer individualized estate planning strategies, including wills, trusts, and power of attorney documents.

Myth 6: Ohio Medicaid Only Covers Nursing Home Care

Ohio’s Medicaid program is a comprehensive care solution for eligible seniors, offering home and community-based service waivers and traditional nursing home coverage. The PASSPORT waiver program helps preserve independence by providing long-term services seniors need without resorting to institutionalization. However, without proactive planning with the help of an experienced Ohio Medicaid attorney, you could face expensive spend-downs or loss of assets.

Myth 7: After You Die, Medicaid Will Seize Your Home

Ohio’s Medicaid Estate Recovery Program seeks to recover funds from deceased individuals who received benefits. However, creating an irrevocable trust can safeguard your family home and assets against possible recovery attempts. To ensure proper protection, consult an experienced and knowledgeable Ohio Medicaid attorney about your estate planning needs and goals.

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Southeast And Central Ohio Elder Law Attorney | 740-653-3450
Ohio Medicaid Planning Lawyer | Lancaster | T: 740-653-3450

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