Leave Your Legacy to Your Family not to the Nursing Home.

State the Facts.

Iowa

According to Iowa Code 249A.53(2), “Medical Assistance Debt” is considered a priority claim meaning it cannot be eliminated in a bankruptcy. In 2019, Iowa approved 95% of hardship requests. However, the state collected $26 million that same year in property due to nursing home liens.

Arizona

Arizona's Small Estate Provision offers a simplified process for transferring assets after someone's death without going through the full probate process. Must be filed six months after the deceased date of death. Personal Property i.e. financial accounts, furnishings, etc., value cannot exceed $200,000. Real Property the value cannot exceed $300,000.

New York

If you have a gross annual income of $18,000 or pay $450.00 or less in rent, you can obtain a property tax credit of up to $375.00.  To obtain the property tax credit, Form IT-214 must be submitted to the NY Department of Taxation and Finance.

Ohio

Ohio is an expanded estate recovery state, meaning all property and personal items can be taken to pay the nursing home debt. For example, the Attorney General can take not only the house but the car, jewelry, stocks, and everything else.

Nebraska

On August 24, 2017, Nebraska amended its state Medicaid provisions making it one of the most restrictive states when it comes to Medicaid planning. The new allows the state to place a lien on “any real estate, personal property, or other asset in which the recipient had any legal title or interest at or immediately preceding the time of the recipient's death.”

Wisconsin

If your loved one had a Wisconsin Long-Term Care Insurance Partnership (LTCIP) policy their property will not be subject to a lien. This program is a unique partnership with the federal Medicaid office, long-term care insurers, State Insurance Commissioner, and the Department of Health Sciences (DHS) to encourage Wisconsin residents to plan for their long-term care needs. If they plan on getting an LTCIP policy, all their property is exempt from a recovery action (lien).

Documents You Need to Have in Your Estate Plan:

  • Durable Financial Power of Attorney

  • Durable Healthcare Power of Attorney

  • HIPAA Certification

  • Last Will and Testament

  • Medicaid Asset Protection Trust (irrevocable trust)

Where it Locate a Eldercare Law Attorney Near You:

National Academy of Elder Law Attorneys (NAELA)

Life Care Planning Law Firms Association (LCPLFA)

National Elder Law Foundation (NELF)

International Academy of Elder Law and Mental Capacity (IAELMC)

Academy of Special Needs Planners (ASNP)

State Bar Association Eldercare Law Sections