Asset Protection and Medicaid

Asset Protection Planning

Our clients are concerned about their finances because of their own long-term care costs or the disability of a spouse, parent, or other loved one. The facts and circumstances vary, but concern about going broke and losing everything is an ever present reality.

At Burzynski Elder Law, we provide solutions that give measurable financial benefits and help you protect your life savings. Asset protection planning often depends on getting approval for benefits programs that will help pay for expensive long-term care costs. We can help!

Solutions are available for both married and single individuals to help protect assets.

Our clients are often misinformed or uninformed about Medicaid and VA benefits. This misinformation often comes from well-intentioned friends, family members, neighbors, or even professional advisors. You may be surprised to learn the following:

  • You do not have to “spend down” all of your life savings to qualify for Medicaid;
  • You can protect a substantial amount of assets and qualify for Medicaid;
  • You do not have to sell your home to qualify for Medicaid or VA benefits;
  • You will not lose your home or have a lien placed on your home to qualify for benefits;
  •  Even if you have been told that you do not qualify for VA benefits, you may in fact qualify;
  • Even if you have been told that you do not qualify for Medicaid, you may in fact qualify;
  • The quality of the care you receive does not go down when Medicaid helps pay for that care;
  • You may qualify for Medicaid even if you have made gifts of assets;
  • The state does not take your money or your home if you apply for Medicaid.

These are just a few of the myths and misunderstandings that are common in this complicated area of the law. Being informed is crucial to making good planning decisions about how to protect your life savings.

Two of the programs we help seniors navigate are discussed below:

Medicaid planning and assistance

Most attorneys do not even understand the Medicaid laws, which are federal laws with state interpretations and are very complex. Sometimes we get clients who have been given advice that is incorrect or who have received documents that do not protect their assets. We will guide you through the incredible complexities of Medicaid and make sure that you are suitably protected for your long-term care needs.

The team at Burzynski Elder Law understands how devastating the emotional and psychological strain can be when a loved one needs long-term care. When faced with long-term care costs, families worry about financial ruin and experience anxiety, stress, uncertainty, and guilt.

At Burzynski Elder Law we are committed to using our experience and expertise to lessen these burdens and alleviate these fears and get results for you. We will show you the techniques and strategies available to take advantage of what the system offers and avoid the traps and pitfalls.

The bottom line is that you don’t have to go broke paying for a nursing home, assisted living, or in-home care. The law allows people to keep their homes and much of their money if they know how. But it is crucial to have the assistance of an expert who knows how to do it.

Our goal is to give our clients the best financial benefits, the best care coordination benefit, and the peace of mind that their family deserves.

We can still do this even if you or your loved one is already in a crisis situation, such as having already been admitted to a nursing home or about to be admitted. In fact, we often help with crisis Medicaid planning, so we have quick response systems in place. We can help you get answers quickly. Your first meeting with us will give you the confidence that we can help you with your financial concerns.

The eligibility rules are complicated, and it pays to learn about how those rules can work to your benefit. Call us first before completing any Medicaid application to learn how we can help you get approved for Medicaid benefits and protect your life savings.

Wartime Veteran’s Aid and Attendance Benefits:

Most people giving VA benefits advice do not understand Medicaid laws. VA planning without knowing Medicaid laws can and often does create a huge Medicaid approval problem that hurts seniors when they need it most. Expert advice in this area is crucial.

Some VA Pensions are only for veterans who were actually wounded or disabled while they were serving in the armed forces. But…

Millions of wartime veterans and their spouses may be eligible for special monthly pension benefits solely because they are over 65 years of age and are homebound, in assisted living facilities or nursing homes.

Those veterans and/or their survivors only need to prove that their medical expenses exceed certain income and asset limitations.

The maximum benefits available can provide significant help in paying for long-term care costs. The program is based on actual financial need for assistance, so complicated eligibility rules apply, but working through this system can result in a substantial increase in the senior’s monthly income.