Administrative Law

What is a Medicaid Lawyer?

Factors that influence the fees charged by insolvency practitioners vary depending on the complexity of the case and the level of expertise required.

Medicaid lawyers, also called Elder Care Lawyers, Elder attorneys or Elder Law Medicaid Attorneys are legal professionals who focus on the laws and financial issues that concern seniors or the elderly and their relatives. This includes concerns such as being able to afford Medicaid long-term care, trust and estate planning, wills and incapacity planning. Both the elderly and their family might seek the help of a medicaid lawyer in Ocean County for example to get help with being able to manage to get into expensive nursing homes. 

Strategies they can help with

These lawyers have the training and skills to develop different strategies to help seniors and their families qualify for and apply for Medicaid to cover some or all of their long-term care costs. Some of the strategies they might help with include;

1) Meeting the Medicaid asset and income limits

There are certain requirements an applicant must meet to be eligible for Medicaid including limits to the assets and income you have. It is a difficult process but sometimes even when you go over those limits there are techniques and optinos a professional lawyer can help you with to still receive support. Every applicant’s situation is different.

2) Making sure savings and homes are safe

A good medicaid lawyer in Monmouth County and elsewhere can use various strategies to make sure the home of the senior and their savings is protected. There are a lot of different situations that might come up and with their detailed understanding of the laws a Medicaid attorney can plan and implement an approach depending on the situation.

3) Coming up with pre-planning strategies

It is important to understand that not everything happens when the senior needs long-term care. There are things an Elder lawyer can do to get things started and this is known as Medicaid pre-planning. For example, there is the MAPT or Medicaid Asset Protection Trust option that can help applicants qualify. The lawyer will ensure that transferring money and assets into the trust will not affect their chances at qualifying later on.

4) Planning for emergencies

Accidents, injuries and illnesses happen and are even more likely with the elderly. This means it is important to be prepared for any kind of emergency. If something happens unexpectedly and a senior is in care but money is running out, a Medicaid lawyer can help. They can help you get through the process promptly so you get the funds needed, this is known by some as a Medicaid crisis. 

5) Getting the home care they need

Sometimes what is best for the senior is home care rather than going into a long-term home. A Medicaid lawyer in Ocean County can help with a waiver program that will let you qualify for Medicaid but get home care instead. 

6) Maximizing assets and income for a spouse who remains at home

Sometimes a senior will qualify for going into a home and get help with that, but their spouse might not. In these situations often the spouse is left at home. With the help of a medicaid lawyer in Monmouth County the home and income and assets are protected for that spouse so that they remain safe and are able to take care of themselves without becoming impoverished.

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