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Curran Estate & Elder Law, PLLC
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Pre-Planning Medicaid Attorneys in Berks County, PA

People who need the assistance of Medicaid—especially the elderly who need nursing home care or other services for their senior years—will face issues of how much income or assets they can have and still qualify for Medicaid. The rules vary depending on whether you’re single, married with one spouse applying, or married with both spouses applying. Though the program sets limits on income and assets that can seem too restrictive, there are legitimate programs to qualify for while shielding what you’ve worked for and accumulated throughout your working life. 

If you or a loved one needs Medicaid assistance in or around Reading, Pennsylvania, contact the attorneys at Curran Estate and Elder Law, PLLC. We are knowledgeable and experienced in Medicaid rules and regulations and can help you plan for the day you may need senior care. We’re here to assist you through proper asset and income management strategies. 

Curran Estate and Elder Law, PLLC proudly serves clients throughout Pennsylvania, including Berks County and the neighboring counties of Schuylkill, Montgomery, Lancaster, Chester, and Lebanon.

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Qualifying for Medicaid 

Medicaid is a jointly operated federal and state program that provides health care and living assistance for low-income people, families and children, pregnant women, the elderly, and people with disabilities. It’s administered by both the federal and the state government where you live. If you are disabled and have a low income and few assets, qualifying can be fairly straightforward. For those who have worked until their elder years and may need the services of a nursing home or other assistance with living at home, qualifying may present a somewhat bigger challenge. 

In Pennsylvania, when it comes to elder assistance, the qualifying standards vary on your status—single, married but filing individually, or married and filing jointly. If you are single or married and applying singly, the income level is $2,523 a month from any source, including Social Security and other retirement funds. If you are married and need services for both spouses, the income limit doubles to $5,046. 

Any applicant, whether single or married, cannot have more than $2,000 in assets, though one’s home is exempted, as are household goods and furnishings, and one vehicle. A non-applicant spouse can have assets up to $137,400.  

The income and asset standards apply at any age when it comes to applying for Medicaid, but they come into sharper focus for those who have worked until retirement and may need the services of a nursing home or other assistance that they cannot otherwise afford. 

Medicaid Basics: The Look Back & the Look Ahead 

Medicaid is designed as “the payer of last resort,” so when it comes to qualifying, the plan’s administrators will look back over your previous five years of financial transactions. If they determine that you’re given away assets in order to qualify for Medicaid, they can deny your application until five years have passed since the last transfer. 

Though one’s home is generally exempted from the Medicaid asset threshold up to a certain equity limit, when the Medicaid recipient passes away, the government can come after the equity in their home to pay back what the program has provided in benefits.  

Therefore, during the five-year look-back period, you cannot gift your home to someone else unless the transfer is made to a spouse, a child under the age of 21, a child of any age who is blind or totally disabled, a sibling who has an equity interest in the home, or a child who resided in the home and provided assistance to you for two years so you could avoid needing nursing-home placement. 

In other words, if you know or sense that you’re going to need Medicaid assistance, you need to plan ahead. Reach out to a skilled estate planning attorney for guidance. 

Pre-Planning for Medicaid 

You can transfer certain assets within the five years prior to your needing the assistance of Medicaid, but that requires careful planning. To prevent the Medicaid program from using your assets to disqualify you, or later seizing your assets to repay for the services provided, you can place your assets in what is called a Medicaid Asset Protection Trust (MAPT). However, the transfer into the trust must be made five years before applying for Medicaid. 

There are also ways to protect income from disqualifying you by creating a Qualified Income Trust, also known as a Miller Trust. Pooled Income Trusts are offered by nonprofit organizations and are similar to Miller Trusts. Money that goes into either of these trusts is not considered income for Medicaid qualification purposes. 

The most essential point is that you need to plan for every contingency in your life. If you retire and suddenly need living and health care assistance beyond what Medicare provides, or what you can afford, you may be forced to turn to Medicaid. When you do, you will come face to face with the realities of the asset and income thresholds established by the program.

medicaid pre planning

Medicaid Planning Attorneys Serving Reading, Pennsylvania

Elderly individuals who suddenly need Medicaid to pay for nursing home or in-home assistance are not the only ones who may need asset and income protection strategies. If you have a child who is blind or disabled and needs long-term care, you also will need to do some comprehensive asset and income protection planning. If you foresee the eventual need for Medicaid for you or a loved one in Pennsylvania, reach out to Curran Estate & Elder Law, PLLC for a consultation. We can help you move forward.

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Client Success Stories

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This is an excellent law firm. The service is timely and the staff is always ready to help. They have excellent and up to date knowledge of Elder Law . Do not hesitate to call them for help.
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Audrey Stamm
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From wills to POAs to trusts and Medicaid applications I have worked with many of the Curran attorneys over the last 4 years. It started with needs for my parents and I am now getting my estate in order for the future. They are very knowledgeable in elder and estate planning and have taken the time to help me understand it as well. I have never felt pressured to do anything just informed. It all started by signing up and viewing their free webinar. I would, and have recommended them to others. All of the staff there are courteous, polite and prompt to reply when I reach out. I have learned about many things to help protect my parents assets and now my own. Highly recommend 🙂🙂
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Penny Kohl
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I used Curran Law for consultation on elder law, and estate administration when my mother passed. I highly recommend this firm. I could not have asked for a more professional, responsive, and understanding team during the entire process.
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Kerry Heist
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Curran Law is an excellent resource to assist with managing your estate and planning needs for the future. Whether it pertains to staying in your home or moving on to the next phase of life they are the firm to call. They have time and time again shown that they care about what they do and have the knowledge and experience to assist in making the right decisions for your particular circumstances. Highly recommend.
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Dave Mattes
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Our meetings with Sean and Lois were very educational and informative. We appreciated their very helpful guidance, always presented in a most professional manner.
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Carla Buterbaugh
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I highly recommend this office. Professional, helpful people. Keep you up to date and informed during the entire process. Thank you
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Deborah Schade
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I would highly recommend Rose Kennedy at Curran Estate and Elder Law. She is compassionate, thorough, and efficient. She made estate planning enjoyable and easy.
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Melissa Stein
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Look no further!! If you are in need of a professional caring law firm to help you with Life Planning, estate planning or any kind of elder law related services CALL them. The one on one details and follow up is on point. No more wondering and waiting for someone to call you back because this firm delivers! We had an amazing conversation and amazing help from Louis and the personal attention and kindness was beyond our expectations. So much that it brought me to tears just knowing someone was just as concerned and committed to helping our sweet mother( mother in law). I highly recommend this Law firm and will be working with them again for all future opportunities and planning.
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Curran Estate & Elder Law, PLLC

1212 Liggett Ave.
Reading, PA 19611

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