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Medicaid (nursing home/long-term care) planning

Medicaid is the government program which provides funding for long-term care, such as placement in a nursing home or assisted living facility.   Also sometimes referred to as Medical Assistance (the term used in the Wisconsin statutes) and Title XIX (which refers to Title XIX of the federal Social Security Act, which created the program), Medicaid is partially funded by the federal government but is administered by the state.

Medicaid is a means-tested program, meaning that in order to qualify for coverage, a person is subject to both income and asset limits.  Without planning and/or careful structuring of both financial and legal decisions, a person (and his or her spouse, if applicable) may be required to use up the vast majority of the person's (or couple's) assets until income and assets are both under the applicable legal threshold before coverage will apply.  Not only might that deprive the Medicaid applicant and/or his or her spouse with the resources needed for a proper quality of life, it will also likely eliminate any ability to leave a legacy for children, grandchildren or other intended beneficiaries.

Medicaid law is extremely complex.  In addition, Medicaid law, marital property law, and tax law are not consistent.  Furthermore, county benefits specialists are generally kind and well-intentioned but have limits both in their legal knowledge and in what strategies they are able to suggest.  As a consequence, assistance from an attorney can be critical.

If you or your family would like to structure your long-term planning with Medicaid eligibility in mind, or if you are facing an imminent need to file a Medicaid application, feel free to schedule an initial consultation to discuss how we can help.

Elder Law

Medicaid (long-term care/nursing home ) planning

Veteran's Administration Improved Pension pre-planning