How the 5-Year Medicaid Look-Back Period Affects Your Long-Term Care Plans
Have you wondered how the 5-year Medicaid look-back period could impact your long-term care plans and your family’s financial future? You’re not alone. As more people age into needing long-term care, understanding Medicaid’s rules has become more crucial than ever.
At Jarvis Law Office, our Ohio elder law attorneys help you navigate Medicaid’s complex rules to protect your hard-earned assets. This blog will explain the Medicaid look-back period and strategies to safeguard your wealth—possibly every last penny.
What is the Medicaid Look-Back Period?
Medicaid’s 5-year look-back period prevents individuals from giving away assets to qualify for Medicaid. If you transfer assets within this time, Medicaid may impose penalties or delay coverage. The penalty is calculated by dividing the amount transferred by the average monthly cost of care in Ohio.
Legal Strategies to Protect Your Assets
Fortunately, there are ways to protect your assets while still qualifying for Medicaid. Here are some strategies:
- Irrevocable Trusts: Transferring assets to an irrevocable trust protects them from being counted for Medicaid, but you can’t regain control of these assets once transferred.
- Annuities: A Medicaid-compliant annuity converts assets into a monthly income, reducing your countable assets.
- Long-Term Care Insurance: Purchasing insurance well before you need care can help preserve your wealth.
Gifting and Medicaid
Gifting assets during the lookback period can trigger penalties. However, certain methods, like using the annual gift tax exclusion or establishing a caregiver agreement, may allow you to gift assets without jeopardizing Medicaid eligibility.
Spousal Protections
If your spouse applies for Medicaid, spousal impoverishment rules allow you to keep certain assets, ensuring you have the resources to maintain your standard of living.
Are Changes Coming?Â
It’s important to note that the Medicaid lookback period, currently set at 5 years, may soon increase to 7 or even 10 years. Some may argue that we are way overdue for an increase. The last time it was changed was back in 2004. So, we are just at 20 years since the lookback period went from 3-5 years. Proposed changes in legislation are being discussed that could extend this period, making it even more crucial to plan ahead. If these changes take effect, asset transfers made within the expanded lookback period could result in longer penalties or delays in qualifying for Medicaid. By planning now, you can better protect your assets and avoid potential complications under these stricter rules.
How Jarvis Law Office Can Help
Our legal team has the knowledge and resources to assess your financial situation, create a customized Medicaid plan, and guide you through the application process. We’ll ensure your assets are protected and you’re well-prepared for the future.
Contact Jarvis Law Office at (740) 675-6833 for a FREE consultation. We proudly serve Ohio seniors and their families with locations in Lancaster, Dublin, and St. Clairsville.
About The Author
Jonathan E. Corra is the Marketing Manager for Jarvis Law office. He holds a Master’s in Corporate Communication from West Virginia University, as well as an RBA from West Virginia University at Parkersburg. Jonathan has over 15 years of experience in Marketing, including nearly a decade in Legal Marketing. Having faced the profound challenges of caregiving for both of his parents, Jonathan brings a deeply personal understanding to his work at Jarvis Law Office. He is passionate about Estate Planning, Asset Protection, and Care Navigation, and is dedicated to helping families navigate the complexities of long-term care with compassion and knowledge.
In addition to his professional accomplishments, Jonathan is known for his empathetic and understanding nature. His work is not just a career but a calling, driven by a desire to make a difference in the lives of others. Through his legal knowledge and personal insights, Jonathan strives to offer the support and peace of mind that every family deserves.