How Can a Lawyer Help With Medicaid Eligibility and Planning in Texas or New Mexico?

Are you in El Paso, TX, and trying to figure out Medicaid eligibility? It might be time to consult with a Medicaid attorney.

How Can a Lawyer Help With Medicaid Eligibility and Planning?

Understanding Medicaid Requirements

Medicaid is a federal program and also a state program meant to help with healthcare access for individuals who have a limited income and limited resources. Your eligibility will depend on the federal guidelines as well as the specific rules in the state of Texas. A Medicaid lawyer can help you assess your income, property and assets, and also any other factors that affect your eligibility for the program.

Asset Protection and Planning

If you exceed Medicaid’s asset limits, you may be ineligible for coverage. However, there are ways to arrange your assets to minimize what is counted by Medicaid, so that you still qualify for Medicaid. A Medicaid lawyer can assist you with the options for structuring your finances to avoid violating Medicaid rules. For example, you may be able to transfer property to family members, create an irrevocable trust or convert your assets into something that is considered exempt by Medicaid.

Planning for Long-Term Care

Long-term care, such as nursing home services or in-home healthcare, often relies on Medicaid as the primary source of funding. A lawyer can guide you through how to qualify and apply for Medicaid before the need for long-term care arises.

Working Through the Medicaid Application Process

A Medicaid application requires detailed documentation about finances, health, living situation, and more. Mistakes during this process are common, since it is very detailed. An attorney can help you avoid delays or denials from mistakes or an incomplete application. They can also help you deal with any questions or concerns a Medicaid representative may have.

Addressing Medicaid Spend-Down Rules

Medicaid requires that anyone who applies must spend down their assets before qualifying for the program. Spending down your assets needs to be done carefully, so you can avoid any penalties or problems with Medicaid approval. The spend-down process is something that a Medicaid lawyer can guide you through. There are several acceptable ways to reduce your assets: for example, gifting assets within legal limits, making needed repairs to your home, or paying off debt.

Managing Medicaid Liens

If Medicaid pays for your long-term care, they may place a lien on your estate in order to recover the costs of care after your death. If you wish to pass on your assets to your heirs, a lawyer can advise you on how to protect your estate and also make sure that Medicaid is reimbursed for the expense of your long-term care.

Consult with a Medicaid Attorney in El Paso, TX

If you are applying for Medicaid or hope to in the future, it’s a very good idea to contact a professional for advice specific to your situation and guidance. A skilled Medicaid planning lawyer can help significantly with the process.

If you trying to work through how figure Medicaid into your plans, reach out to the team at Townsend Allala Coulter & Kludt (TACK) in El Paso, TX. We also serve in the Southern New Mexico area.

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