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Orange City Estate Planning Blog

Watch Your Language: Attribution

Here’s how the Iowa Medicaid manual describes an attribution: “When one spouse enters a medical institution or applies for a home- and community-based services waiver, […] resources are attributed to the ‘community spouse’ to protect sufficient resources for the community spouse’s maintenance.” What does that mean in normal english? [Read More]

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Watch Your Language: Unavailable Resource

The primary classification of assets under the Medicaid rules is whether an asset is countable or non-countable. But there’s a special class of resources that is both countable and non-countable – an exception to the general rule: the unavailable resource. [Read More]

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Watch Your Language: Non-Countable Resource

Once you’ve disclosed all your resources to Medicaid, it’s up to the state to determine which ones are countable and which are non-countable. The term “non-countable resource” is defined quite narrowly. It only includes a very small list of specific assets that the federal government has said should be disregarded by the Department of Human Services. [Read More]

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Watch Your Language: Countable Resource

If you’re asking Medicaid to help pay for nursing home care for a loved one, you’ll have to tell the state about everything they own. Everything. It’s the state’s job to determine whether they’re eligible based on the value of those assets that are considered countable resources. [Read More]

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The Medicaid Planning Hoax: 3 Myths

Nursing homes are incentivized by the state to perpetuate the hoax because the daily nursing home rate paid by the state is lower than the private pay rate. Lawyers who don’t know anything about the Medicaid regulations are telling people they have no options for planning for Medicaid eligibility. How do you overcome misinformation or a lack of information? You get educated. Here are three myths, rooted in the Medicaid Planning Hoax, that are all wet. [Read More]

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The Biggest Job in Probate Court

There are several responsibilities that come along with being a personal representative in Northwest Iowa, and there are personal qualities which may make one person a better choice than others. For example, a good personal representative will have a sense of fairness and will be able to remain impartial when it comes to following the decedent’s instructions. [Read More]

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Ask the Elder Law Lawyer: How Much Do I Need to Save for Retirement?

If you’re like 70% of people in the US who have a retirement plan, you still haven’t worked with a professional such as an elder law attorney in Northwest Iowa in order to determine how much money you really need to save. A recent study found that only about 30% of this group has actually sat down with a professional to come up with a realistic number. [Read More]

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What Does a Probate Lawyer Do?

It is a great idea to hire a probate lawyer before you actually “need” his or her services so things can go as smoothly as possible when it comes to taking an estate through the probate process. Unfortunately, that’s not always how it works. Oftentimes, a person isn’t even aware of what a probate lawyer in Northwest Iowa does until he or she is in need of one. It’s very common to go looking for a probate lawyer in Northwest Iowa once a loved one has passed and help is needed immediately. [Read More]

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Considerations for Iowa Special Needs Planning

Families who have members with special needs have a variety of concerns that most of the population don’t deal with on a regular basis. Whether you’re traveling to occupational therapy appointments, choosing the most effective medical devices, or contemplating whether to “mainstream” your special needs child, there are so many parts and pieces to keep in mind. For that very reason, you may not have even considered the need to meet with a special needs planning lawyer in Northwest Iowa. [Read More]

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