Medicaid Planning: A to Z (2020 ed.)

Medicaid Planning: A to Z (2020 ed.)

by K Gabriel Heiser
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If you wish to advise clients how to qualify for nursing home Medicaid while protecting their assets, this is the definitive book! Written by an elder law attorney with over 25 years of experience, this manual is the professional edition version of attorney Heiser's best-selling Medicaid Secrets book. This manual is geared toward attorneys, accountants, and financial advisors seeking up-to-date and accessible information on the Medicaid program rules as well as a complete analysis of available Medicaid asset protection techniques for their clients. Includes a summary of all income and asset rules for both married and single individuals, together with numerous examples and several case studies, which take the planner through the same thought processes that an experienced elder law attorney would go through when analyzing a real-life client's situation. The book includes tips on: how to title the home so the client does not lose it to the state; how to make transfers to family members that won't disqualify the client from Medicaid; how "Medicaid annuities" work to make assets "disappear" for Medicaid eligibility purposes; clever ideas for "spending down" assets; what to change in a client's will to save thousands of dollars if the spouse ever needs nursing home care; avoiding the state's reimbursement claim following the nursing home resident's death; and much more. The 2020 Edition has been expanded, revised, and completely updated to incorporate all changes in the law as of January 1, 2020, and includes two chapters on Veterans' benefits as well as a 39-page Ethics of Elder Law section. The two chapters on Veterans' Pension benefits (rules and planning techniques) have been completely updated to reflect the new transfer, lookback, and penalty periods that now apply to VA applications. Completely annotated with all case citations and statutory references given in over 560 footnotes. Also includes full copies of relevant statutes and a sample filled-out Medicaid application, plus sample clauses for deeds, wills, powers of attorney, etc.

Product Details

ISBN-13: 9781941123126
Publisher: Phylius Press
Publication date: 01/01/2020
Pages: 538
Sales rank: 114,658
Product dimensions: 8.50(w) x 11.00(h) x 1.09(d)

About the Author

K. Gabriel Heiser, J.D., focused exclusively on estate planning and Medicaid eligibility planning, including trusts, estates, gifts, and related tax issues, after graduating from Boston University School of Law in 1983. He also practiced in Massachusetts, where he was Chairman of the Estate Planning Committee of the Massachusetts Bar Association, and in Tennessee, where he was the founder and first Chairman of the Nashville Bar Association's Estate Planning Committee and where he served as President of the Middle Tennessee Planned Giving Council (1997). Although recently retired from the active practice of law, during his 25-year career he was a member of the National Academy of Elder Law Attorneys (NAELA), an ACTEC Fellow-the highest designation for trust and estate attorneys in the U.S. -and was AV®-rated by Martindale-Hubbell®, the country's preeminent lawyer rating service.

Attorney Heiser has been a frequent seminar leader and participant in the areas of estate and gift tax, charitable gifts and trusts, Medicaid eligibility planning, and sophisticated estate planning. He has taught as a member of the Adjunct Faculty of the College for Financial Planning at David Lipscomb University, as an instructor in Estate Planning Law (1996-1998), and has been certified as an Estate Planning Law Specialist by The Estate Law Special­ist Board, Inc., the only American Bar Association­-accredited program for certification of an attorney as an estate planning specialist.

Fellow: American College of Trust and Estate Counsel (ACTEC). Being elected to ACTEC is one of the highest honors an estate planning attorney can receive. ACTEC is a non-profit association composed of approximately 2,600 of the most accomplished estate planning practitioners in the United States and Canada. A lawyer cannot apply for membership in the College; Fellows of the College are nominated by other Fellows in their geographic area and are elected by the membership at large. To qualify for membership, a lawyer must have at least 10 years of experience in the active practice of probate and trust law or estate planning. Lawyers and law professors are elected to be Fellows by the other members, based on their outstanding professional reputation, exceptional skill, and substantial contributions to the field by lecturing, writing, teaching, and participating in bar activities.

AV® rated: Attorney Gabriel Heiser is proud to have received an AV® rating from Martindale-Hubbell®, the country's preeminent lawyer rating service. An AV® rating signifies a firm that has "achieved the highest levels of professional skill and integrity." His AV® rating is based on peer reviews by members of the Bar and Judiciary. That means that the lawyers and judges with whom he has worked closely feel that he is among the best in the business not only for his legal skills, but also for his honesty, integrity and ethics.

Table of Contents

Introduction 1

What Is Medicaid? 7

What is Covered by Medicaid? 9

Applying for Benefits 18

Medical Qualification Rules 28

Income Qualification Rules 29

Asset Qualification Rules 42

Transferring Assets 66

Trusts 76

Strategies to Qualify 102

The Home: Planning Ideas 132

Annuities 150

Promissory Notes 177

Transfer (Gift) Strategies 184

Post-Eligibility Issues 206

Estate Recovery 218

Case Studies 230

Veterans' Pension: How It Works 261

Veterans' Pension: Planning Techniques 278

Taxation: Trust, Estate, and Gift 288

Pre-DRA Planning 307

Medicaid Planning and Attorney Professional Ethics 311

Appendix 352






State Law Issues to Resolve 377

Checklist of Medicaid Planning Options 378

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