elder law attorney explains medicaid rules

What’s Involved with Medicaid Planning? Is it Complex?

elder law attorney explains medicaid rules

Is Medicaid planning complex? Sometimes, Medicaid planning can be easy. An example might be when there is a need for a Qualified Income Trust, for a nursing home resident who has spent down their assets to practically zero, and whose income is above the Medicaid limit of $2,313 for 2019. You just fill out the application for the Qualified Income Trust on this website, pay the modest fee, and your qualified income trust is delivered to you within 48 hours.

But, sometimes, Medicaid planning can be a lot more complex. Here’s what the Chief Judge of the Federal Fourth Circuit Court of Appeals said about the Medicaid statutes that govern Medicaid benefits for long term care and the administration of Medicaid:

Chief Judge Sam Ervin explaining complexity of medicaid planning

After seeing Judge Ervin’s statement, you probably have little question that you should engage an experienced elder law attorney to assist you with your Medicaid planning. Trying to qualify for Medicaid benefits to pay for long term care in a nursing home, without the assistance of an experienced Medicaid planning attorney in Florida, likely will be a wasted effort. You need the assistance of an experienced Medicaid lawyer who can help you penetrate the “most completely impenetrable texts within human experience” that Judge Ervin described. You should find it helpful to have an elder law attorney helping you understand the important parts of the “dense reading of the most tortuous kind.” You will also find the skilled elder law attorney can help you be sure that your planning takes into account that “Congress also revisits the area frequently, generously cutting and pruning” the rules and regulations governing Medicaid.

The Florida legislature also engages in its annual foray of modifying Florida’s Medicaid legislation and the bureaucracy that interprets and implements that legislation. In fact, dealing with the Florida Department of Children and Families (“DCAF”), may be the most important reason to have an experienced elder law attorney working for you and your family in the Medicaid process.

Finally, add the multitude of courts around the country that are laboring daily over the interpretation of the “impenetrable texts” and you should begin to understand why an elder law attorney who works with the processes of the Medicaid world, and the Florida DCAF daily, is practically a necessity for your Medicaid planning adventure.

When you need Medicaid benefits to help you pay for long term care, especially if you or your loved one will be in a skilled nursing home, don’t try to go it alone in the Medicaid planning process. Get the help of an elder law attorney who has experience with the complexities of Medicaid, both Federal and State. Such an experienced Medicaid planning lawyer can help you avoid many pitfalls, ensure you get the benefits you are entitled to receive, and allow you to obtain the benefits at the earliest possible time.