Last Minute Medicaid Planning

While preparing for long term care need to ideally take place years before entering a retirement home, this is not constantly possible or even considered till it is far too late. The following post, nevertheless, describes numerous methods that are available for people with “a foot in the door” of an assisted living home with regard to their readily available assets.

1. Under a plan frequently called the “Reverse Rule of Halves”, a specific getting in a retirement home can transfer all of his possessions (over and above the Medicaid resource allowance ($13,800.00 in 2011) to his successors, and after that obtain Medicaid – understanding that the application will be denied because he has transferred assets. He will then be disqualified for Medicaid for a time period equivalent to the overall properties moved divided by the typical month-to-month cost of a retirement home. On Long Island in 2011 that’s $11,445.00 each month. The beneficiaries to whom he moved his assets should then carry out a promissory note to him, agreeing to pay back, in monthly installations an amount equivalent to about half of the total possessions transferred, plus interest at a “sensible” rate (which the Department of Social Solutions says is 5%.)
The assisted living home will then be paid the institutionalised person’s regular monthly income plus the monthly payments on the promissory note up until the period of ineligibility ends. If, for example, an individual with $200,000 in properties needs retirement home care, under the Reverse Guideline of Halves, he will have to spend half of his properties on assisted living home care prior to ending up being eligible for Medicaid – just as under the old Rule of Halves. However instead of just transfer one-half of his possessions as before, he would transfer the entire $200,000 to his heir, who would sign a promissory note to him vowing to repay $100,000, plus interest at 5%. He would then be disqualified for Medicaid for around 10 months: $100,000 (or half of the possessions transferred) divided by the Medicaid divisor ($11,445.00). If he had $1,000 per month in income, that $1,000 (less a little individual allowance) would be paid to the nursing house, and the balance of the retirement home costs would be paid from the heir’s monthly payment under the promissory note. Those payments would continue until the period of ineligibility ends at which time Medicaid will be approved.

Last Minute Medicaid PlanningThe promissory note need to satisfy specific requirements. The payment needs to be actuarially sound, suggesting the monthly payments should be adequate that the loan can be paid back throughout the institutionalised individual’s life span. The payments should be made in equivalent amounts with no deferral and no balloon payment. The promissory note likewise needs to prohibit the cancellation of the balance on the death of the lending institution. Finally, the note must be non-negotiable, otherwise it may be figured out that the note itself has a value, which might make the candidate ineligible.
2. Nonexempt properties under Medicaid can be converted to exempt properties. The community partner can buy a larger individual home or include capital improvements to an existing house. This way nonexempt cash would be transformed into an exempt residence.

3. An immediate annuity that is irrevocable and non-assignable, having no money or surrender value (i.e., permitting no withdrawals of principal) can be purchased with excess cash. The annuity contract need to supply a regular monthly earnings for a period no longer than the actuarial life span of the annuitant-owner. In the event the annuitant passes away before completion of the annuity payout period, the policy’s follower recipient would get the staying installations. This strategy can convert a nonexempt excess asset into a profits stream that is subject to the more liberal earnings rules of what the neighborhood spouse can retain under Medicaid. An annuity with a term surpassing the annuitant’s life span may be thought about a transfer impacting Medicaid eligibility.
4. Liquid resources ought to be utilized to settle consumer financial obligations and prepay burial plots and funeral expenditures (consisting of a family crypt), thus investing down excess cash in an acceptable fashion.

5. Children can be made up for recorded home and care services as long as the quantity is sensible. An independent price quote ought to be acquired prior to determining the quantity of compensation and the family need to have a written agreement with the relative offering care. This is more typically known as a “Caretaker Agreement”.
6. All joint and individual properties that are in the name of the institutionalized spouse should be moved to the community partner. In 2011 the optimum Neighborhood Partner Resource Allowance (“CSRA”) is $109,560.00. After such transfers, property defense planning can be carried out for the community partner).

7. Under the Medicaid transfer guidelines, particular transfers are exempt. The transfer of a home is exempt if the transfer is to a partner, a small (under 21), or a blind or handicapped kid, a bro or sis with an equity interest in the home who resided in home one year prior to institutionalization, or a child who lived in home two years and provided care so as to keep the person from becoming institutionalized.
Certain other transfers of any resource may likewise be exempt.