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Curran Estate & Elder Law, PLLC
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Medicaid Crisis Planning

Serving Clients in Berks County and the Surrounding Area

Sudden Changes and Big Decisions

Nursing homes and other long-term care facilities are notoriously expensive. Long-term care costs can quickly eat into a lifetime of savings and wipe out the assets a person has worked hard to accumulate during their life.  

If you do not want this scenario to happen to you, you should look into Medicaid crisis planning, which is a term used to describe legal steps and strategies that could potentially save you some or all of your assets.  

Medicaid crisis planning requires a good understanding of Medicaid laws. If you want to plan ahead and do not want to lose your assets in the event of a sudden disability or catastrophic event, our Medicaid crisis planning attorneys at Curran Estate & Elder Law, PLLC, can help.  

We can provide valuable legal advice and help you explore your options for preserving as many assets as possible. With an office located in Berks County, PA, we help clients with their estate planning needs, including Medicaid crisis planning, throughout Berks County, Lancaster County, Montgomery County, Schuylkill County, Chester County, and neighboring counties.

What Is Medicaid Crisis Planning?  

Many people fail to properly plan for the costs of their future long-term care and end up having their wealth and assets wiped out by those costs when a sudden illness strikes. That is why planning ahead is so important to avoid financial and emotional hardships in the event of incapacity, disability, or medical crisis that would require you to live in a nursing home or another long-term care facility.  

With Medicaid crisis planning, you can use strategies that allow you to pay for long-term care without depleting your life savings. The goal of Medicaid crisis planning is to help you preserve as many assets as possible while also making sure that you qualify and receive Medicaid benefits.  

Contact a skilled attorney to discuss your particular situation and explore the Medicaid crisis planning strategies that may be available to you.  

Common Misconceptions About Crisis Planning  

Unfortunately, many people have preconceived ideas about Medicaid crisis planning, many of which are wrong. Let’s review some of the most common misconceptions about Medicaid and crisis planning: 

  • You can only become eligible for Medicaid by giving your assets away. As you may know, there is an asset limit to qualify for Medicaid. Some people mistakenly believe they can become eligible for Medicaid by making gifts or selling and transferring their assets to family members and friends. However, when you apply for Medicaid, the state Medicaid agency will review your financial transactions, gifts, and asset transfers for the past five years from the application date. This is known as the “look-back period.” If the agency finds any transactions, gifts, or transfers within the five-year window, you will be disqualified from receiving Medicaid benefits for months or years.  
  • It is too late to start Medicaid crisis planning. Wrong. The truth is, it is never too late to begin planning for your long-term well-being, no matter how old you are and what your circumstances are. If you do nothing now, you might regret not planning later in your life. Even if you or your loved one is already in a nursing home, it is not too late to start Medicaid planning.  
  • Medicaid crisis planning is illegal because it involves hiding assets. When done with the help of a knowledgeable and experienced attorney, Medicaid crisis planning is not illegal. The goal of smart Medicaid crisis planning is to ensure that you can pay for long-term care costs and avoid losing your life savings without having to take advantage of the system.  
  • The nursing home will do it for you for free. Nursing homes and other long-term care facilities provide a wide range of health and personal care services, which can be critical for those who cannot care for themselves. However, do not expect the facility or its staff to help you with Medicaid planning (at least not for free) when you cannot pay for the costs of long-term care services.  

Do not let your misconceptions about Medicaid crisis planning to ruin your future and legacy. You deserve to know the truth. Our Medicaid crisis planning attorneys in Berks County, PA, can assist you in navigating the laws concerning Medicaid.  

Medicaid Crisis Planning Strategies to Consider 

There are a number of Medicaid crisis planning strategies that may allow you to protect your assets and become eligible for Medicaid benefits: 

  1. Spend down excess assets. If you are ineligible for Medicaid because of the asset limit, there could be ways to spend down your excess assets without violating the “look-back period” rule.  
  2. Half-a-loaf transfer. This strategy involves gifting half of your assets to your heirs (a violation of the “look-back period” rule) and using the remaining half to pay for long-term care during the penalty period.  
  3. Annuities. The “annuities” strategy may be appropriate when only one spouse applies for Medicaid. It involves paying a lump sum of money to an insurance company. The insurer then pays the non-applicant a monthly payment.  
  4. Divorce. Some married individuals may opt for divorce to terminate their marriage to protect the non-applicant spouse’s assets and lower the countable assets of the spouse who applies for Medicaid.  
  5. Medicaid asset protection trust. Another Medicaid crisis planning strategy involves setting up a Medicaid asset protection trust to protect your assets from being counted towards the asset limit when applying for Medicaid. The trust also preserves your assets for your heirs as an inheritance.  
  6. Spousal refusal. While the non-applicant spouse is obligated to help their applicant spouse pay for the cost of Medicaid long-term care, they can refuse to do so. Spousal refusal is a Medicaid crisis planning strategy because Medicaid cannot legally deny care to an applicant if their spouse refuses to help cover the costs of long-term care.  

These are only a handful of Medicaid crisis planning strategies that may be available to you. However, before you take any steps to plan for your future, reach out to an experienced attorney. A Medicaid crisis planning attorney will explain all available strategies that would be appropriate in your particular situation.

medicaid planning

Medicaid Crisis Planning Attorneys Serving Reading, Pennsylvania

Time is of the essence when it comes to planning ahead. The sooner you take action, the more Medicaid crisis planning strategies will be available to you and the more money and assets can be saved. At Curran Estate & Elder Law, PLLC, our Medicaid crisis planning attorneys in Berks County, PA, create strategies and planning solutions tailored to each client’s unique goals and circumstances. Contact our office to formulate a plan that works for you.

A Team That Truly Cares

Our attorneys take pride in helping you make the right decisions for your family and your future.

Schedule time to Talk with our Team Today

Client Success Stories

This law firm helped our family with a complicated situation of one parent in a nursing facility and the other parent living at home. Thank you so much for your help and compassion..
Maidmariondesign
Maidmariondesign
January 6, 2024.
I can not say enough about how thankful my brother and I are for the help we have received from Susan, Lois and Sean for our elderly Aunt. When we first met with them, our Aunt was in the process of moving from an independent living situation into personal care. To our dismay, the care she received after this move was extremely inadequate and bordered on neglect. Susan spent hours helping us find and set up appointments with several other personal care facilities and we were able to move her within a week and a half. Once she was settled in, Lois worked with our Aunt to make sure her will and living will were up to date. Susan and Lois were so caring and patient with both our Aunt and ourselves, they made a very stressful situation much easier to handle. Sean has also been a huge help as we navigate selling our Aunt's property. We have been extremely satisfied with all aspects of guidance and services provided for the care of our Aunt.
Tammy Taylor
Tammy Taylor
December 12, 2023.
Recently, I had some concerns around elder law and Sean walked me through of all them, in detail, and helped me understand what to expect in coping with the cost of providing care to an aging parent. The matter was handled with the utmost empathy and professionalism and I would highly recommend their offices to anyone.
Olivia Jaindl
Olivia Jaindl
December 6, 2023.
I cannot express how grateful I am to Rose and Angela for all of their hard work during the estate/probate process! They were so diligent yet caring, professional yet approachable. They were always there for questions - of which there were many - and concerns. This is the team of wonderful ladies you need to help with your estate planning and probate - HIGHLY recommend them!
Kelly Carbonara
Kelly Carbonara
November 13, 2023.
The staff is always extremely pleasant and helpful. Rose Kennedy does a fabulous job of taking the time to explain everything, more than once if need be, and willing to answer any questions.
Lisa Care
Lisa Care
September 1, 2023.
They were very kind and helpful to my brother and me. They took the time to review our situation and offered us options. Highly recommend their services!!! Thanks. 😎
Kurt Manderbach
Kurt Manderbach
September 1, 2023.
This lawfirm is excellent. They are so knowledgeable and experienced in estate planning. Sarah at the front desk is responsive, welcoming and helpful. Rose Kennedy is a top notch attorney with a strong attention to detail, very knowledgeable in her field, great at presenting information in an easy to understand manner and very compassionate. We highly recommend Curran.
Leo and Lily
Leo and Lily
August 22, 2023.
When my father passed away in March 2022, I had never lost an immediate family member, and I was unprepared for the deluge of paperwork that followed. I also was not prepared for the way that grief would make simple things extra difficult. Luckily, my dad had set up a trust with Sean Curran’s guidance in 2016. It not only protected his assets, but it allowed us to work with Rose Kennedy and Angela Young for the estate administration. I truly do not know what we would have done without the kindness and guidance of Rose and Angela. I will never forget talking with Rose from the bathroom of my dad’s hospice room. It was far past office hours, but she was calmly determined to help me understand what steps I needed to take next. She even texted me after the call with detailed instructions in case I was unable to remember because of my emotional state. My gratitude for her compassion and patience continued to grow throughout the following year as she and Angela continuously went above and beyond to help us with every challenge that arose as we sold our dad’s house, filed inheritance taxes, and encountered numerous other tasks that I never could have figured out without their step-by-step guidance. I will always have a special place in my heart for the calmness that Rose and Angela brought me throughout the overwhelming and emotional process of losing a parent. Every person I’ve encountered at Curran Estate and Elder Law has been professional, helpful, and kind. I can’t imagine going through this process without their support and wisdom. Thank you!
Cindi Delinsky
Cindi Delinsky
July 29, 2023.
Curran Estate & Elder Law handled my fathers estate for me. They were incredibly helpful and answered all of my questions. I did very little, everything was completed by them. I would strongly suggest if your looking for an Attorney to handle your parents affairs, give Curran Estate & Elder Law a call!
KIM STRICKER
KIM STRICKER
July 26, 2023.
I would highly recommend Curran Estate Elder Care. They guided and helped with our estate planning, protection of assets, writing of our wills, power of attorney documentation and also care management for my spouse. They offer a great support system. Great people to work with.
Lil Myers
Lil Myers
July 20, 2023.
Curran Estate & Elder Law, PLLC

1212 Liggett Ave.
Reading, PA 19611

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