What Is Medicaid Crisis Planning?
Everyone, at least in theory, should try to have an estate plan in place long before they need end-of-life care. However, this is simply not how life works out for many. It is not uncommon for a person to experience a medical crisis out of the blue, and wind up needing long-term medical care. Yet, they have no estate plan in place. If this has happened to you or a loved one in Putnam County or Westchester County, the right lawyer can help create the estate plan you need in order to get the care you need.
Do I Meet The Means Test?
As one might imagine, it is highly recommended for those past a certain age to have an estate plan drawn up sooner rather than later, lest they be caught unawares by a sudden medical emergency. An estate plan generally means having a Last Will & Testament, as well as any other necessary documents like trusts or healthcare-related documents like an advance directive, ready for your family and heirs to rely on if you are unable to advocate for yourself. This can be an unpleasant task, but it is a highly necessary one. Still, many either choose not to go through this process, or they may believe it simply unnecessary since they have few assets or beneficiaries.
For those who do not have significant amounts of wealth that can be used to pay for long-term medical care, they will apply for Medicaid if they get to a point where inpatient care becomes necessary. However, Medicaid is a means-tested federal program. In other words, if someone has too many assets or makes too much money, they will be denied coverage. Without Medicaid coverage, bills can become expensive or outright ruinous. If someone is suddenly in need of medical assistance, but they have too much income or too many assets, it may become necessary to consult an attorney for a plan to dispose of those items legally.
A Deliberate Process Is Required
If you or a loved one has had a sudden medical crisis like a stroke or a severe fall, it is crucial to create a crisis plan to ensure that as little time as possible passes between your illness and your ability to receive medical care. However, applying for Medicaid is quite complex, regardless of which state one lives in. New York offers several long-term care programs, but they each have specific individual requirements that must be met, and they may change before one knows it.
If you or your loved one have too many assets to qualify for Medicaid, you may not simply give them away – federal authorities see such transfers as fraudulent, made solely for the purpose of qualifying for Medicaid, which is (in theory) against the rules. The program instituted what is known as a lookback period, which lasts 60 months. During that period of time, any transfer made by the Medicaid applicant will be scrutinized, and if any are found to be unethical or inappropriate, the applicant will lose their care for a certain penalty period, even if they have previously been found eligible. The right attorney can help you avoid such outcomes.
Contact A Westchester County Medicaid Crisis Planning Attorney
No one wants to consider their eventual passing, but it is crucial to have the difficult conversations before you wind up needing medical care that you may not be able to afford. A Westchester County or Putnam County Medicaid crisis planning attorney at Meyer & Spencer, P.C. can help your family come up with a plan that is more likely to lead to a favorable outcome. We are ready and willing to try and assist you – contact our office today at (914) 741-2288 to schedule a consultation.
Source:
health.ny.gov/health_care/medicaid/how_do_i_apply.htm
