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Orange City Estate Planning Blog

Watch Your Language: Trust

One of the most common questions I hear during our Mutual Interviews is, “Do I need a trust?” And the typical lawyer answer is, “It depends.” In order to answer that question, we need to start by defining what a trust actually is. [Read More]

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Watch Your Language: Snapshot Date

When you first submit a Medicaid application for nursing facility care (and Elderly Waiver, in Iowa), DHS takes a “snapshot” of your financial status as of the date you first moved into the nursing home. This is called the “snapshot date.” [Read More]

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Watch Your Language: Asset

In the Medicaid world, the term “asset” is used when discussing Medicaid’s transfer penalty rules. As a result, “asset” includes both income and resources. [Read More]

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Watch Your Language: Spenddown

When a Medicaid applicant is married, the rules allow their spouse to retain a minimum amount of assets and income. We’ve already talked about the community spouse resource allowance (CSRA); the minimum income level is called the minimum monthly maintenance needs allowance (MMMNA). [Read More]

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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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