1. HEFFNER &
ASSOCIATES
ELDER LAW
Estate & Medicaid Planning
Mark B. Heffner, Esq. , CELA
Heffner & Associates
615 Jefferson Boulevard
Warwick, Rhode Island
401-737-1600
www.hefflaw.com
2. HEFFNER &
ASSOCIATES
ELDER LAW
Disclaimer
•Materials are for general education and should
not be substituted for consultation with a
competent elder law attorney in your jurisdiction
•Materials presented from the perspective of
Rhode Island Medicaid regulations and practice
•Rules and practice vary significantly from
State to State (and occasionally within the
same State) and are subject to change
3. HEFFNER &
ASSOCIATES
ELDER LAW
Lifetime Planning: Health Care
Decisionmaking
Advance Directive
Durable Power of
Attorney for Health
Care
Living Will
Selection of Agent
Selection of Successor Agent
4. HEFFNER &
ASSOCIATES
ELDER LAW
Lifetime Planning: Financial
Decisionmaking
Joint account not recommended
Durable Power of Attorney
Selection of Agent (aka, “Attorney in
fact”)
Also successor Attorney in fact
5. HEFFNER &
ASSOCIATES
ELDER LAW
Lifetime Planning: Financial
Decisionmaking
Revocable Trust, aka, “Living Trust”
Avoids/Reduces “Push-Back” of
Institutions with use of Durable Power of
Attorney
Selection of Trustee & successor
Trustee critical
Still need Durable Power of Attorney for
finances
6. HEFFNER &
ASSOCIATES
ELDER LAW
Post-death planning
Will—requires probate
Selection of Executor—same person
generally as agent under financial DPOA
Revocable Trust—if “funded” will avoid
probate for those assets
Still need Durable Power of Attorney for
finances
7. HEFFNER &
ASSOCIATES
ELDER LAW
What happens if long-term care
needed?
Medicare--limited long term care (LTC)
coverage 20 days full payment, up to 80
additional days with co-pay ($152/pay)
Medicare LTC coverage initially
applicable if individual has a three day
prior hospital admission & continues to
require skilled care
After that….
8.
9. HEFFNER &
ASSOCIATES
ELDER LAW
Private Pay costs for nursing home
care
• Genworth 2013 cost of care survey
(www.genworth.com/corporate/about-genworth/
industry-expertise/cost-of-care.html)
•Rhode Island: $8516/month
•Massachusetts: $10,493/month
•Connecticut : $12,638/month
10. HEFFNER &
ASSOCIATES
ELDER LAW
What is Medicaid?
•It is not Medicare!
•Medicare: insurance model; no asset or
income qualification requirements
•Medicaid: in addition to general criteria (age,
blind, disabled) & needing a level of care, must
also fall within financial criteria (assets, income,
transfer restrictions)
11. HEFFNER &
ASSOCIATES
ELDER LAW
Resources
Excluded (Single Person)
•Home (equity value limit:
$534K) if “intent to return”
•Funds otherwise
available (limit: $4000)
•Vehicle (limit: $4500,
unless used for
transportation to medical
appts)
•Life Insurance ($4000
face limit)
•Irrevocable Burial
Contract, or funds set
aside for burial ($1500)
•Household goods &
personal effects( no value
limit, unless exceptional)
Available
EVERYTHING
ELSE
12. HEFFNER &
ASSOCIATES
ELDER LAW
Resources
Excluded (Married Couple)
•Home: no equity limitation
if residence of “Community
Spouse” (CS)
•Vehicle: if used by CS, no
limitation on value
•CS retains “Community
Spouse Resource
Allowance” (CSRA)
13. HEFFNER &
ASSOCIATES
ELDER LAW
Transfers of Assets
Any transfer occurring on or after February 8, 2006
is subject to five year lookback period
Q: What types of transfers fall within lookback
period?
A: Uncompensated (UV) transfers--i.e., those for
which fair market value (FMV) not received by
applicant or the applicant’s spouse
Ex: Applicant’s spouse “sells” summer cottage with
FMV of $100K to child for $25K.
Uncompensated transfer: $75,000
14. HEFFNER &
ASSOCIATES
ELDER LAW
Potential additional tool for Pat and Bill
Irrevocable trust
Unlike revocable trust—actual transfer of assets
Subject to five year loopback period
Key question: probably of both Pat and Bill making
it through five year loopback period
15. HEFFNER &
ASSOCIATES
ELDER LAW
National Elder Law Foundation
www.nelf.org
Provides interactive state map of Certified
Elder Law Attorneys (CELA) in each state
Mark B. Heffner, Esq. , CELA
Heffner & Associates
615 Jefferson Boulevard
Warwick, Rhode Island
401-737-1600
mheffner@hefflaw.com
www.hefflaw.com
Editor's Notes
Refer to OMR tool
Practice pointer: don’t assume, as in past, that just because client in nh, will qualify for Medicaid LTC benefits in nh
Agent selection can change
Entire power can be revoked
Illustrate through example of house—revocable, change trustee
Illustrate need for probate with house, avoidance of probate with house, bank account
Janet still cares about how things go—in fact, may be greater concern for dispute
Illustrate need for probate with house, avoidance of probate with house, bank account
Janet still cares about how things go—in fact, may be greater concern for dispute
THE END—At least of insurance coverage
UNLESS LTCI—the beginning..
Discuss LTCI
Refer to OMR tool
Practice pointer: don’t assume, as in past, that just because client in nh, will qualify for Medicaid LTC benefits in nh
Illustration of “legal ability to make resource available” and a resource not subject to “a legal impediment which precludes applicant from making resource available. Gship or conservatorship--evidence inability to make resource available. Asset unavailable to to refusal of joint tenant to sell, and hence partition suit (ask JK + law school case)