Elder Law Update: Don't Shoot The Messenger

The attorneys at our office attended the Annual Estate Planning and Probate Seminar at the Dayton Bar Association last month and learned some important new developments regarding Medicaid qualification requirements that you should know if you or your family member may be applying for Medicaid any time in the near future. Many of the points noted at the seminar included qualification requirements that we have been advising our clients to follow for years, but the most shocking new development included prohibiting Medicaid applicants from tithing or making cash donations to a church or non-profit organization. We have always advised our clients to not make cash gifts to family members or friends during the application period, or the five-year look back period, but advising clients not to tithe is a new restriction. As a reminder, we suggest that you schedule an appointment with us to assist you in developing a game plan to address long term care expenses and we do not recommend attempting the Medicaid application process before having "all of your ducks in a row." Don't do it alone; one wrong transfer may disqualify the recipient from receiving Medicaid.