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Medicaid Planning Services
We are long-term care Medicaid attorneys who specialize in helping Oregonians navigate the complexities of Medicaid for long-term care by helping you plan, organize and qualify for State benefits.
Navigating the Complexities of Oregon’s Medicaid Eligibility
Are you worried about qualifying for Medicaid to cover long-term care costs? Our experienced Medicaid qualification attorneys can help you understand the rules, dispel rumors, and develop a plan to meet eligibility for Medicaid.
How Medicaid Qualification Works for Long-Term Care (LTC) In Oregon
Qualifying for Medicaid in Oregon can be a complex and overwhelming process, especially if this is your first time. The rules are intricate and often misunderstood, leading to frustration or undo financial hardship on individuals and their families.
Eligibility for Medicaid to pay for all or a portion of you or a loved-ones care comes down to a combination of; the necessity of help with ADLs and iADLs, the individual and spouse’s assets, and a Medicaid eligible care provider. Each of these areas come with their own unique set of rules and criteria that se strongly suggest you discuss with an expert.
Medicaid Qualification Aren’t Cut And Dry
Qualifying for long-term care Medicaid in Oregon is NOT as simple as looking at an income or resources chart and seeing where you stand. Often, individuals and couples can work with a Medicaid attorney to adjust monthly income and resources to meet qualifications (even if they’ve been told by someone they don’t qualify financially.)
It is VERY important to talk with a specialist and not rely on information found online.
We believe that everyone deserves a knowledgable advocate and guide to navigate these complexities and protect your assets. Rose Elder Law specializes in Medicaid planning, offering tailored solutions to help you understand all of your options and maximize your eligibility. Our Medicaid attorneys can provide the clarity and peace of mind you need during this time.
Current 2024 Medicaid Basic Guidelines
- Residency and Citizenship – the applicant must be an Oregon resident and a U.S. citizen or have proper immigration status.
- Age/Disability – the applicant must be age 65 or older, or blind, or disabled with a determination from the SSA. Individuals who are “pending” their determination may still qualify.
- Asset Limitations (Exempt vs. Available) – Medicaid resource assessments and eligibility determinations divides assets into two categories: Exempt and Available. Exempt assets are specifically designated under the rules to be accounted for but not applied to any resource limitations. The state has a look back period of 5 years with a penalty for people who sell assets below fair market price, transfer assets to others, or give money and property away. Available assets include anything not excluded and holds value that can be resonably liquidated.
Frequently Asked Questions for Medicaid Attorneys
Does my spouse's income count against me?
No, in Oregon the income of the spouse of an applicant is not counted as the applicant’s income. This is not to be confused with “resources” which is counted together. Income refers to regular payments from an income source such as employment wages, alimony payments, pension payments, Social Security Disability Income, Social Security Income, IRA withdrawals, and stock dividends.
Does my spouse have to sell everything?
No, the spouse of an Oregon Medicaid LTC appicant is protected from going impoverished.
All assets of a married couple are considered jointly owned. There is, however, a Community Spouse Resource Allowance (CSRA) that protects a larger amount of a couple’s countable assets for the non-applicant spouse of a Medicaid or applicant. In 2024, the community spouse (non-applicant spouse) can retain 50% of the couples’ assets, up to a maximum of $154,140 (excluding certain assets such as the primary vehicle). If the non-applicant’s half of the assets is under $30,828, 100% of the assets, up to this amount can be retained by the non-applicant.
Can I still qualify if I'm above income and/or resource limits?
Yes, you may still qualify for long-term care Medicaid by utilizing certain Medicaid approved strategies such as ICT (Income Cap Trusts), Medicaid planning, and strategic spend down. Rose Elder Law specializes in working within these strategies.
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Legal Expertise:
Estate planning involves various legal instruments, such as wills, trusts, powers of attorney, and healthcare directives. We specialize in estate planning, ensuring that your documents comply with the ever-changing state and federal laws. We can help you navigate intricate legal requirements, minimizing the risk of costly errors and potential disputes.
Customization:
Every person's financial situation and family dynamics are unique. We will take the time to understand your goals and circumstances, allowing for the creation an estate plan that suits your individual situation.
Asset Protection:
We can assist you in structuring your estate plan to protect your assets from potential creditors, lawsuits, and taxation. Our experience can also help you employ strategies to minimize tax liabilities.
Avoiding Probate Delays:
Probate is the legal process through which a deceased person's assets are distributed. It can be time-consuming and costly. We can help you explore options to minimize or avoid the probate process, allowing your beneficiaries to receive their inheritances more quickly and efficiently.
Conflict Resolution:
When estate plans are unclear or disputed, it can lead to conflicts and legal battles. We can help you draft clear and legally sound documents that minimize the chances of disputes among heirs and beneficiaries. In the event that a dispute arises, we can also represent your interests and work toward an amicable resolution.
Updates and Maintenance:
Estate plans need to be reviewed and updated periodically to reflect changes in your financial situation, family dynamics, and applicable laws. We can provide ongoing support and guidance, ensuring that your estate plan remains current and effective.
Peace of Mind:
Engaging a law firm for estate planning provides peace of mind, knowing that your affairs are in capable hands. It allows you to focus on enjoying your life without the constant worry of what may happen to your assets and loved ones in the future.
Hidden First Toggle
Legal Expertise:
Estate planning involves various legal instruments, such as wills, trusts, powers of attorney, and healthcare directives. We specialize in estate planning, ensuring that your documents comply with the ever-changing state and federal laws. We can help you navigate intricate legal requirements, minimizing the risk of costly errors and potential disputes.
Customization:
Every person's financial situation and family dynamics are unique. We will take the time to understand your goals and circumstances, allowing for the creation an estate plan that suits your individual situation.
Asset Protection:
We can assist you in structuring your estate plan to protect your assets from potential creditors, lawsuits, and taxation. Our experience can also help you employ strategies to minimize tax liabilities.
Avoiding Probate Delays:
Probate is the legal process through which a deceased person's assets are distributed. It can be time-consuming and costly. We can help you explore options to minimize or avoid the probate process, allowing your beneficiaries to receive their inheritances more quickly and efficiently.
Conflict Resolution:
When estate plans are unclear or disputed, it can lead to conflicts and legal battles. We can help you draft clear and legally sound documents that minimize the chances of disputes among heirs and beneficiaries. In the event that a dispute arises, we can also represent your interests and work toward an amicable resolution.
Updates and Maintenance:
Estate plans need to be reviewed and updated periodically to reflect changes in your financial situation, family dynamics, and applicable laws. We can provide ongoing support and guidance, ensuring that your estate plan remains current and effective.
Peace of Mind:
Engaging a law firm for estate planning provides peace of mind, knowing that your affairs are in capable hands. It allows you to focus on enjoying your life without the constant worry of what may happen to your assets and loved ones in the future.
Serving the Greater Portland Metro Area, OR
Open Hours
Mon - Thurs: 9AM - 5PM
Friday: 9AM - 2PM
