Advanced Planning

The Medicaid Asset Protection Trust

Advanced Planning Long Island New York

Advanced planning can insure that you get the care you need while preserving income for yourself and assets for your heirs.

Long-term care is expensive, whether it is provided in the home or in a nursing home. For many people with a home and some assets, much or even all, of those assets might have to be used to pay for care if those assets are not protected.

However, there are legal strategies that can protect your income and assets.  The most important strategy is called the Medicaid Asset Protection Trust. The purpose of this trust is to retain income for you while protecting the assets for your spouse, children or other beneficiaries should Medicaid be required to pay for long-term health care.

Benefits of a Medicaid Asset Protection trust enable you to:

  • Qualify for Medicaid benefits to pay for care
  • Put your primary residence in the trust while maintaining exclusive right to occupy and enjoy your home
  • Enjoy significant tax benefits such as avoidance of gift taxes and elimination of capital gains taxes.
  • Avoid probate
  • Change your beneficiaries
  • Maintain real estate tax exemptions
  • Sell assets of the trust – for example, the trust can sell your home and buy another one for you

When is the right time to consider a Medicaid Asset Protection Trust?

If protecting your assets is important to you, the ideal time to plan your long-term care is at least five years prior to your anticipated need for care. Medicaid for nursing home care has a 5-year “look back” so those who have established a Trust more recently might not qualify for Medicaid Benefits in a nursing home. However, the Medicaid Asset Protection Trust can immediately help if Medicaid is needed for care in your home. We would be happy to consult with you to determine where a Medicaid Asset Protection Trust would be appropriate for your needs, and, if so, the best timing to complete the plan.

What is the full scope of services for Advanced Planning for Long Term Care?

The implementation of a Medicaid Asset Protection Plan would consist of the Irrevocable Trust, the Deed to the home, Wills, Comprehensive Durable Powers of Attorney, Health Care Proxies and Living Wills together with all of the advice and support from Brian Tully and the team at Tully Law, PC through the process.

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