MEDICAID PLANNING / PLANNING FOR INCAPACITY
- We will consult with you in your home, at the nursing home, or our office, to analyze your planning needs. In addition to a frank discussion of your situation, we will review your existing estate planning documents to determine whether we need to make any changes or revisions for asset conservation, Medicaid planning, or other purposes.
- We prepare all legal documents required in your matter including, as needed: Durable Power of Attorney, Living Will and Designation of Health Care Surrogate, Deeds, Wills, Qualified Income Cap Trust ( “QIT”) also known as Miller Trust, and application for tax identification number for QIT.
- We will analyze your Medicaid eligibility status and the legal services you will require to qualify for Medicaid ICP (nursing home program). Based upon our review, we will also determine our flat fee rate for your particular matter, as appropriate.
- When you retain us, we will prepare a comprehensive plan to restructure your assets to meet Medicaid program requirements. We provide both pre-planning and emergency planning. If asset restructure is not required, we will begin the Medicaid application process for you.
- After implementation of the plan, when the time comes to file the Medicaid application, we prepare and file the application, schedule the Medicaid interview, attend the interview, and present documents supporting eligibility on your behalf.
- We follow up the application until we obtain a decision.
- A small number of cases require a Fair Hearing to obtain the required result. That may be due to complexity of a matter that may not be readily approved by the Medicaid caseworker. In that limited eventuality, for a separate fee, we represent you in requesting a review or at a Fair Hearing.
PLANNING FOR INCAPACITY
SPECIAL NEEDS TRUSTS