Black & White Rules?
The first thing a law student learns is there is no such thing as a “black and white” rule. To every rule there is an exception (and probably many!). These exceptions make the rules of our society vastly more colorful than the average person would expect, and Oregon Medicaid is no different. Many people have heard the requirements to qualify for Medicaid are very strict. The rules are as follows: the applicant must 1. Need assistance with activities of daily living; 2. Have income under $2,349 a month; and 3. Have $2,000 or less in assets. On their face, these rules appear to exclude most people from qualifying for Medicaid benefits to pay for long term care. However, the exceptions to these rules make Medicaid far more inclusive than first meets the eye.
Exceptions to the Rules
There are many exceptions to the above rules (far more than can be listed here). But here are a few exceptions that apply to a broad group of people:
Qualification
The obstacle for most clients in qualifying for Medicaid is being “over resourced,” i.e., having too many countable assets. The question is usually, how can we protect what we have so that my spouse does not go broke? Is it possible to legally protect assets and meet the spenddown requirements to qualify for Medicaid? In many cases, the answer is yes. The only way to know for sure is to meet with an elder law attorney.
In conclusion, many clients are surprised to learn that through the many exceptions they or a loved one can qualify for Medicaid with some simple planning. The old adage holds true, “knowledge is power!” *All rules, exceptions, and numbers in this article are as of December 2020, but will change as they do each year.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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