Medical Assistance & Long-term Care Planning

The uncertainty of what the future holds can be disturbing.  Planning for that uncertainty can be overwhelming and confusing without help to guide the way.

Despite hoping that we will never need to be admitted to an assisted living facility or a nursing home, sometimes our choices are limited.  Not only is the choice emotional, but financial implications can make the transition even more difficult.

Few people are prepared to absorb the costs of long-term care.  Paying for assisted living and nursing home care for an extended period of time can deplete hard earned savings, leaving few options for a spouse who is still living at home or for family who is trying to respect their loved one’s wishes.

Ruder Ware’s team of elder law attorneys understand it takes a lifetime to grow your assets, and they are prepared to help you navigate the long-term care maze. Our attorneys skillfully guide clients—whether it’s children of elderly parents, individuals, or couples—with empathy and respect through this complicated process.  They’re armed with creative solutions intended to ease minds and hearts.

  1. Pre-Planning – Are you hoping to protect your assets and home to avoid it all being used to pay for your long-term care someday?

When our clients are considering pre-planning, often the questions at the top of their minds include:

      • Can I protect my house from a nursing home lien?
      • Who is eligible for Medicaid/Medical Assistance?
      • Is it too late to start planning?
      • Will a trust protect my assets?
      • Can I get help to pay for assisted living?
  1. Crisis Planning – Have you or a loved one recently been admitted to a nursing home or assisted living facility?

When a move into an assisted living or a nursing home has occurred or is imminent, some of the questions our clients have are:

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Our team has worked with countless clients to address these issues as well as related issues

Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services through its offices in Wausau, Eau Claire, and Green Bay, Wisconsin.  A full-service law firm, over 40 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.

Wisconsin Medicaid Divisor Staying Put. For Now.

Posted on July 28, 2020 by , and

Every year before July 1st, Wisconsin publishes an updated Medicaid divisor to be in effect starting on July 1st of that year until June 30th of the next year.  This year, Wisconsin has not yet updated its Medicaid divisor due to COVID-19 pandemic.  At this point in time, there is no official guidance as to […]

My Spouse is in a Nursing Home and Receiving Medicaid Benefits, Is There Anything Else I Need To Do?

Posted on July 22, 2020 by , and

Donna’s husband Phil is in a nursing home and receives Medicaid benefits to pay for his care (a.k.a. Medical Assistance or Title-19).  Donna wants to make sure Phil’s Medicaid remains in place and is protected, so she wants to know “Is there anything else I need to do?” As the spouse who is not receiving […]

Don’t Let the Fear of Losing Your Home to Medicaid Contribute to Elder Abuse

Posted on July 1, 2020 by , and

As we reflect on the close of World Elder Abuse Awareness Month, we wanted to share some information on this important issue. The Centers for Disease Control and Prevention defines elder abuse as an intentional act, or failure to act, by a caregiver or another person in a relationship involving an expectation of trust that […]

5 Ways the Coronavirus May Impact Long-Term Care Insurance

Posted on June 22, 2020 by , and

In Wisconsin, we are soon to reach 25,000 positive COVID-19 test results, over 3,200 hospitalizations, and close to 750 deaths attributed to COVID-19, the disease caused by the coronavirus. It is being recognized that the coronavirus pandemic has had a devastating impact on the elderly, particularly those in nursing homes and other long-term care facilities. […]

Monthly Spousal Income Allowance Increased

Posted on June 8, 2020 by , and

The Wisconsin Department of Health Services recently announced the “minimum monthly maintenance needs allowance” (“MMMNA”) has been increased from $2,818.34 to $2,873.34 starting July 1, 2020.  As part of laws designed to prevent spousal impoverishment due to the high cost of long-term care, the “community spouse” (who is the spouse of an individual receiving long-term […]

Can The Nursing Home Take My Stimulus Check?

Posted on May 29, 2020 by , and

As we are coming to the end of Elder Law Month (as named by the National Academy of Elder Law Attorneys), one of our many roles as elder law attorneys is to keep you apprised of important topics in the world of elder law. As such, we wanted to reach out to you to draw […]

Will the Stimulus Check Impact my Medical Assistance?

Posted on April 16, 2020 by

As the IRS begins to send out payments under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, recipients of Medical Assistance for long-term care (i.e., Medicaid or Family Care) are wondering how this payment may affect their benefits. In other words, will the payment be considered either income or an asset that causes issues […]

Isn’t an Online Financial Power of Attorney Form Good Enough?

Posted on February 27, 2020 by

When people ask me what they can do to make things easier for their loved ones if something happens to them, the first question I ask is if they have power of attorney documents in place. A good financial power of attorney (“POA”) is one of the most important estate planning documents you can have. […]

My spouse is on Medicaid, now what?

Posted on November 14, 2019 by

It is common for a client whose spouse is receiving Medicaid to lack adequate estate planning to protect those Medicaid benefits in the event the client dies before their spouse. Yet, after all of the time and energy spent to qualify for Medicaid, it would be awful to see those benefits lost simply because proper […]

My Parents Want to Leave My Son With Special Needs an Inheritance…Will He Lose His Benefits?

Posted on August 28, 2019 by

Leaving an inheritance to a loved one with special needs who is or will be receiving government benefits (SSI, medical assistance, long term care services) is tricky and can have unintended negative consequences if not done carefully. Well-meaning gifts may result in the loved one (who I will refer to as the “Special Needs Beneficiary”) […]

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