Medicaid Planning Attorney Bloomsburg, PA

The cost of long-term care for a disabled or older adult can seem shocking to many families. Even well-off families may struggle with affording home- or community-based long-term care for a loved one. Although government benefits like Medicaid – called Medical Assistance in Pennsylvania – can help cover long-term care costs, many individuals will not immediately qualify for benefits. Instead, individuals and families may need to undertake Medicaid planning to secure eligibility. However, because Medicaid has complex benefits eligibility rules, you need experienced legal advice to help you develop an effective plan tailored to your circumstances to ensure Medicaid eligibility while protecting your assets and hard-earned wealth. Starting the planning process as soon as possible can maximize your options.

With Medicaid planning, there’s no time that’s too early to start working to secure the benefits and support you need for long-term care. The medicaid planning attorney team at Kreisher Marshall & Associates, LLC, can walk you through your options. Contact our firm today for an initial case evaluation to discuss how Medicaid planning can ensure you or your loved one gets long-term care needed for advanced age, disabilities, or infirmities.

Understanding Medicaid Eligibility

Medicaid is a joint federal-state program that provides health coverage and financial assistance to disabled individuals, senior citizens, and other qualifying individuals. Medicaid benefits can help cover the cost of in-home nursing services for disabled or older adults. In Pennsylvania, older adults may benefit from Medicaid waiver programs such as Home and Community Based Services (HCBS) and Living Independence for Elderly (LIFE). These programs provide financial assistance to obtain skilled nursing care while remaining at home.

However, to qualify for Medicaid, older or disabled adults usually must meet medical eligibility requirements, which typically means an individual requires skilled nursing care. Applicants also must meet financial eligibility requirements based on an applicant’s income and assets.

Depending on an applicant’s assets, they may have to engage in Medicaid planning to limit the value of their assets since the government presumes that an individual requiring long-term care can use their assets to pay for such care rather than relying on government benefits. However, specific assets, such as a primary residence, do not count towards a person’s asset limit. Furthermore, during the application process, the government will conduct a five-year “lookback” to determine if an applicant gave away assets to obtain Medicaid eligibility; any disqualifying transfers may result in a “penalty” that delays a person’s eligibility for Medicaid benefits. Waiver programs such as HCBS and LIFE also have certain income restrictions.

Medicaid Planning Solutions

Due to the Medicaid program’s State and Federal strict financial eligibility criteria, it is imperative to discuss eligibility with an experienced elder law attorney. Long-term care costs can easily exceed the financial capacity of many families who still exceed the Medicaid program’s financial eligibility limits. Fortunately, individuals and families can undertake Medicaid planning today to prepare for their later years or an emergency. Various solutions can help individuals and families secure Medicaid eligibility and protect family wealth.

One of the most common Medicaid planning solutions is to establish an irrevocable trust. Medicaid asset protection trusts can take assets out of a future Medicaid applicant’s estate so that those assets do not count against the applicant’s eligibility limits. However, Medicaid asset protection trusts require long-term planning, as placing assets within the trust during the five-year lookback period may result in a penalty that delays Medicaid eligibility. Other irrevocable trusts, such as those funded to help pay for funeral and burial expenses, can also reduce a Medicaid applicant’s assets.

Medicaid planning solutions may also take advantage of various spousal asset rules that exclude certain family assets from eligibility limits. Other planning strategies involve transferring a Medicaid applicant’s primary residence to a qualifying family member under Medicaid rules, such as a child caregiver. Another strategy involves spending down an applicant’s assets on permissible expenses, including those related to the applicant’s long-term care needs (such as home disability accommodations or medical devices not covered by insurance). Medicaid planning can also include making qualifying gifts that do not impose penalties on Medicaid eligibility.

Mistakes with Medicaid planning can expose you or your family to unexpected long-term care expenses, which makes working with an experienced Medicaid planning lawyer as early as possible critical to protecting your family’s interests.

How Medicaid Planning Can Help Secure Benefits

Medicaid planning can help many individuals and families qualify for benefits by bringing applicants’ income and assets in line with the program’s financial eligibility limits. Careful estate planning can ensure that an individual does not run afoul of the Medicaid program’s lookback rules, which can result in a temporary disqualification from benefits for transfers of assets that do not meet Medicaid program rules. In addition to securing eligibility for critical Medicaid benefits, estate planning can help individuals and families with asset protection, ensuring that older loved ones who eventually need long-term care can pass on some of their wealth to loved ones. Undertaking Medicaid planning long before you or a loved one requires assistance can maximize your legal options.

How Can a Medicaid Planning Attorney Help You and Your Family?

Medicaid planning requires careful attention to detail, as mistakes can lead to asset transfer or other estate planning decisions disqualifying applicants from Medicaid or imposing penalty periods that delay the receipt of benefits. An experienced Medicaid planning attorney from Kreisher Marshall & Associates, LLC, can help you or a loved one establish a Medicaid planning strategy that ensures eligibility for benefits and protects your family’s future by reviewing your circumstances and listening to your concerns and goals to identify solutions tailored to your needs. Our attorneys can assist you with implementing specific planning strategies to get you or a loved one the necessary Medicaid benefits as soon as possible while protecting family finances.

Why Choose a Medicaid Planning Attorney from Kreisher Marshall & Associates, LLC

Because Medicaid planning can help you or a loved one access critical financial benefits while protecting family interests, choosing legal counsel to help with Medicaid planning as early as possible can make a difference for your family. Individuals and families across Central Pennsylvania have turned to the attorneys at Kreisher Marshall & Associates, LLC, for experienced guidance during Medicaid planning because:

• Our firm has over 50 years of experience serving Pennsylvania residents with their Medicaid and estate planning needs. Our team of four attorneys, three certified Medicaid planners, and over a dozen staff members has the knowledge, skills, and resources to address clients’ challenges during the Medicaid planning process.
• Our principal attorneys hold board certifications in elder law and have served in leadership positions in state and local organizations focused on advocating for the rights and interests of older adults.
• We utilize a team approach to handling legal issues, leveraging our varied knowledge and experience to develop innovative solutions based on your specific needs and circumstances.

Frequently Asked Questions About Medicaid

Does Medicaid pay for in-home care?

In Pennsylvania, Medicaid covers a variety of home care services through different programs and waivers. Medicaid benefits can help cover the cost of in-home nursing services for disabled or older adults with Medicaid waiver programs such as Home and Community Based Services (HCBS) and Living Independence for Elderly (LIFE). These programs provide financial assistance to obtain skilled nursing care while remaining at home.

How much will I have to pay the nursing home each month for my care?

Once approved for Medicaid, the amount owed to the nursing home each month for an applicant’s care is based on the applicant’s total gross income. The state will calculate the applicant’s gross income and make any available deductions such as a personal needs allowance, home maintenance deduction, spousal allowance, and Medicare and supplemental health insurance premium deductions. The amount after the available deductions are made is what would be paid to the nursing home each month for the applicant’s care. The applicant’s spouse (also known as community spouse) is NOT required to pay for the applicant’s long-term care services with their own income. The community spouse is allowed to keep all of his/her income, regardless of the amount.

Am I going to lose my home?

In the state of Pennsylvania, the primary residence of an applicant can be exempt so long as the home is less than or equal to $730,000 (based on 2025 values), the applicant has the intent to return home, or if the applicant, spouse, or dependent child resides in the home.

My loved one is already residing in a nursing home, is it too late to engage in Medicaid planning?

It’s never too late to begin Medicaid planning. There are different options and avenues available to preserve your assets from the cost of care at any stage.

What is the 5-year look-back period?

Any transfers made within 5 years of applying for Medicaid must be disclosed when applying for Medicaid-funded benefits. If those transfers were made for less than fair market value, a “transfer penalty” may be applied. This penalty is a period of ineligibility for Medicaid long-term benefits. Depending on the amounts and timing of the transfers, it is possible to create a plan to minimize the effects of the penalized period.

Contact Our Firm Today to Discuss Your Medicaid Planning Options

When you or a loved one requires long-term home-based care, Medicaid benefits can help your family afford the high cost of such care. Medicaid planning may help you or your loved one qualify for benefits and protect your family’s wealth and financial interests. Don’t wait to begin the process of planning for the future. Contact Kreisher Marshall & Associates, LLC, today for a confidential consultation with our experienced team of Medicaid planning attorneys to discuss your options and the tools that may help you and your family.