Medicaid Questions
This site is about the very broad topic of estate planning. However, most of the questions readers send us are about qualifying for Medicaid. If you use the form below, you can submit your question and, for a small fee, receive a fast, personalized answer. You can also simply read on for more information.
Unfortunately, qualifying for Medicaid has become a central consideration in estate planning. People are living longer while long-term care and nursing home costs skyrocket. Some people choose to buy long term care insurance. Others are wealthy enough to pay for the nursing home out of pocket.
For most, however, qualifying for Medicaid is a primary estate planning objective. The question then becomes: How do I qualify without giving all my assets to the government?
Medicaid planning is a large, complicated topic. Many people mistakenly believe that some sort of magical trust can be created that will allow you to keep all your assets and still qualify for Medicaid. Unfortunately, as you can read at Medicaid Trust, it's not that simple.
Estate Planning Hub is fortunate that Elder Law Attorney Gabriel Heiser, an expert in Medicaid planning, has provided us with dozens of other great articles that will answer many of your questions. You can find links to those articles below.
Additionally, Mr. Heiser wrote a terrific book on the subject that you can find at Medicaid Secrets. We receive a commission if you buy the book through that link, but we would still recommend it without one.
I just a read a really terrific medicaid planning book called
Medicaid Secrets. It's the best, most readable, book I've ever read on this topic. I highly recommend it if you want to understand the issues. And, by buying it here, it won't cost you any more, but you'll help support this site. Thanks.
UPDATE: Holiday sale in progress at Medicaid Secrets. Medicaid expert Gabriel Heiser also has written an even more indepth book for attorneys and financial advisors.
Attorney Heiser is also willing to respond to individual questions
from our readers. Depending on the question’s facts and complexity, he
may not be able to provide an in-depth answer. Keeping that in mind, no
information provided on this site, including any given by Mr. Heiser,
can be considered legal advice (see our terms of use). But the information he provides is certainly worth considering.
So
what are you waiting for? Submit your question through this form and
we’ll be in touch. Your question and Mr. Heiser's response will be
posted on this site for others to benefit from as well.
You can read similar questions and answers at Estate Planning Questions.
Here is the place to find State Medicaid Agency POC's (see link at the bottom of the page).
Here's a great article about planning for medicaid coverage. Qualification for medicaid generally requires low income. However, almost everyone eventually will qualify for medicare. Here's some medicare planning tips.
Medicaid Questions and K. Gabriel Heiser's Responses:
Home :
- Should I Take Out a Loan Against My House to Pay For A Nursing Home?
- Choosing A Nursing Home
- How To Protect My Home and Still Qualify for Medicaid
- Nursing Home Costs and Payment Options
- What Happens to My Home If I Go On Medicaid?
- Will Medicaid Exempt My Home If I Leave It?
- Don't Be Too Cheap!
- Limitations on Medicaid Estate Recovery
- Medicaid Estate Recovery Planning
- Medicaid Estate Recovery Rules
- What is a Medicaid Annuity?
- How does a Medicaid Annuity Work?
- Selling the House and Medicaid Qualification
- New Medicaid Annuity Rule Explained
- Effect of Life Insurance Proceeds On Medicaid Eligibility
- Medicaid Planning: Life Estate in House
Trust :
- How Can an Irrevocable Trust Be Used in Medicaid Planning?
- Living Trust and Medicaid
- What Is An Inheritor's Trust?
- Capacity To Sign a Will, Trust or Power of Attorney
- Special Needs Trust Issues
- Do Medicaid Plans Work?
- How Does Life Insurance Policy Ownership Affect Medicaid Eligibility?
- Medicaid Rules and Reverse Mortgages
- Do It Yourself Medicaid Planning
- What is Elder Law?
- Elder Care Lawyer Fees
- Does the $13,000 Gift Tax Exemption apply to Medicaid?
- Planning For Medicaid Coverage
- What is an Inheritors Trust?
Marriage :
Spouse :
- Can Spouse Receiving Medicaid Pay Income to Community Spouse?
- Medicaid and Community Spouse Assets
- Medicaid and Spousal Will Election
- Do I Need a Will?
- Can I Give My House to My Child and Qualify for Medicaid?
- How To Qualify For Medicaid If My House Is Worth More Than $500,000
Have a Medicaid Question or Comment?
We'd love to hear your questions, comments or opinions. Submit them here and other visitors can read them and comment on them. An e-mail address is not required.
The purpose of this feature is to stimulate discussion and share experiences regarding topics of interest. However, please note these submissions are not reviewed for legal accuracy. They may not apply to your situation and should not be considered legal advice. For specific legal advice you must consult with your attorney.
What Other Visitors Have Said
Click below to see contributions from other visitors to this page...
Is Disclaimer Effective for Medicaid Purposes? 
Question:
90 yr old Mom has been on Medicaid in nursing home for 3 yrs. She was beneficiary of trust which she disclaimed through comprehensive POA …
Marriage and Medicaid
I was single when applying for medicaid and got accepted, but my fiance and I are planning on getting married in a couple of weeks and I'll be 20 weeks …
medicaid and foreclosure
What do you tell the lender when you cannot afford to make house payments on someone while medicaid is pending?
Effect of Paying for Medication Outside of Medicaid
Question:
If medicaid or medicare will not pay for specific medication for my mother can I pay for it without penalty?
Answer:
Chapter 15 …
Medicaid Coverage Questions
We have been deluged recently with many questions about medicaid eligibility, coverage, and the various types of medicaid programs. Some of the questions …
Do I Have To Report Mom's Gift To Medicaid?
Question:
My mother is in a nursing home in rural Virginia. I have a power of attorney on her bank accounts and have taken approximately $40,000 …
Can we rent home while mom on medicaid?
Question: We all live in Texas. Mom's house was set up as living estate in 2000. Deed to Brother and I. Mom is now on medicaid in nursing home. Can …
Will Texas Medicaid Take Parents House After They Pass Away?
My mother has been on special medicaid for about 2 years after being diagnosed with breast cancer. She has been so sure that the state is going to take …
How Do I Qualify for Medicaid? Not rated yet
Question:
If my parent had Medicaid, do I still have it?
Answer:
Hi thanks for the question. Each individual must qualify for Medicaid separately, …
Is POA on Checking Account Considered a Gift for Medicaid Purposes? Not rated yet
Question:
My two brothers and I are going to apply for medicaid for our 89 year old mom. One brother is on her checking account as POA. Is that …
Do Adult Children Living With Parents Qualify for Medicaid? Not rated yet
QUESTION:
Are adult children living with their parents eligible for medicaid in Illinois if the adult child has no income?
ANSWER:
In general, …
Medicaid Gift Rules in Missouri Not rated yet
Question:
I have Durable Power of Attorney (dpoa) of both my parents with full gifting abilities. Can i gift without affecting their medicaid eligibility …
What happens to my medicaid if I sell my home and buy another? Not rated yet
Answer:
When a person leaves their residence to enter a nursing home typically that home is an exempt asset, i.e., it does not count against them when …
State Medicaid Phone Numbers Not rated yet
We get lots of questions about how to contact a particular state medicaid office. For instance, this came in today:
How do I go about getting the …
Can Someone Rent Home While Dad in Nursing Home? Not rated yet
Question:
My dad is in a nursing home under Medicaid benefits. He owns a home, but can no longer pay for the home since his SS check goes toward nursing …
How Does Putting House In Trust Affect Medicaid? Not rated yet
Question:
How will putting my house in a trust affect Medicaid if in the future one or both of my husband and I are ill? Doesn't it put the house …
Medicaid Rules For Giving Car Away Not rated yet
Question:
If you have been in nursing care for a few months, and have been told you cannot drive any longer, can you give your old car to one of your …
How do I stop medicaid and switch to insurance? Not rated yet
Question:
I just got married and i was on medicaid and for my unborn child before then. My husband just got a new job with health insurance. How …
Children, Medicaid and Social Security Qualification Not rated yet
Question:
My granddaughter lives with her Dad, he is on permentant disability so she had medicade and SS check for her. She is now 16 and wants to …
Does the community spouse need a Durable Power of Attorney? Not rated yet
Question:
When one spouse becomes incapacitated, does the community spouse at home need a Durable Power of Attorney (DPOA) with an "unlimited gifting" …
How Does Home Foreclosure Affect Medicaid Qualification? Not rated yet
Question:
My mother's home is in both our names. she is in nursing home on medicaid. there is an equity line on the house that i can not afford anymore. …
What's the Effect of Marrying Someone on Medicaid? Not rated yet
Question:
I and my girlfriend just got married. She collects SSD and gets Medicaid and Medicare. We know it won't effect her ssd, but will it effect …
Will Medicaid Pay For Assisted Living Expenses? Not rated yet
I am in assisted living and will run out of funds in my fourth year. I can't sell my house and am renting it for an income until some day when the market …
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