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Medicaid Crisis Lawyers

Medicaid Crisis Assistance in West Michigan

When disaster strikes, what happens to the unprepared?

Dementia and disability strike over 70% of American families.

Families who have poured time, resources, and trust into half-baked conventional estate planning. The result? Disaster. Plans that are worse than useless. Probate traps for the unwary. You thought you were ready. So did your kids. Imagine their shock when all that effort disintegrates like a sandcastle in a hurricane. Your children are forced to act without the necessary tools. Life savings drained away.

Probate Court mandating rigid rules and reporting requirements. And you hear from everybody “There is nothing you can do!”

Unfortunately, Medicaid mythology reinforces your family’s sense of hopelessness. Everybody knows nothing can be saved. Everybody knows Medicaid is for poor people only. Everybody knows only the lowest quality, least maintained, overcrowded, and retched nursing homes even accept Medicaid.

Everybody knows you must give in, give up, and go broke! Everybody knows!

Would you be surprised to learn that none of this Medicaid mythology is true?

For over 30 years, through thousands of cases, saving millions of dollars, providing the highest level of personal choice and quality care, we have shown, without doubt, that:

  • FACT 1 – Something can always be done!
  • FACT 2 – Most nursing homes accept Medicaid
  • FACT 3 – Determined action, supported by your expert team of attorneys and paralegals can secure assets, obtain the best quality care, and preserve life savings.

Ignore the gossip, twice-told tales and counsel of despair. Dozens of Medicaid programs provide a wide variety of benefits. Qualifications and benefits vary with the programs. Some of the available benefits include:

  • Skilled nursing care.
  • Traditional nursing home.
  • Memory care in an assisted living facility.
  • At-home care, including transportation, light housekeeping, medical equipment, therapy and specialist care.

Which program is best? Get started by scheduling your free Discovery meeting with one of our friendly and professional paralegals.

Medicaid Eligibility

Medicaid is the one government program that pays for long-term care at home, in an assisted living facility, or in a nursing home.

Unlike Medicare, which is available to almost everyone who reaches the age of 65, Medicaid has strict eligibility standards based on your medical needs, financial resources, and income.

Due to the low income and asset level requirements, many people don’t think they will qualify for Medicaid so they never attempt to apply for benefits. This is a big mistake! This is a big mistake! At The Law Offices of David L. Carrier, P.C., we use the rules to implement proper, effective, and legal strategies to obtain Medicaid benefits for our families, while simultaneously protecting as much of their income and assets as possible. Contrary to popular belief, you do not have to “spend down” your life savings in order to obtain the benefits you’ve earned.

There are several Medicaid programs in Michigan (MI Choice Waiver, Program of All-inclusive Care for the Elderly (PACE), and Skilled Nursing Home Care) available to qualifying seniors. Each program has different requirements and benefits, which can make the application process confusing. Further complicating matters is the eligibility criteria which differs between single individuals and married couples.

2023 Michigan Medicaid Eligibility

There are several different Medicaid programs in Michigan available to seniors who qualify. They have different requirements and benefits, which can make it confusing. Further complicating matters is the eligibility criteria if you are single or married.

Monthly Maintenance Needs Allowance: $2,288.75 – $3,715.50

  • Applies when: One spouse lives in the nursing home and the other spouse (the “Community Spouse”) lives outside of the nursing home.
  • Definition: Maximum income each month that the Community Spouse may keep. If both spouses’ combined monthly income is lower than the minimum amount, then the Community Spouse keeps all the income (and it may be possible to expand the resource allowance so the Community Spouse can keep more than $148,620).

Minimum Community Spouse Resource Allowance: $29,724

  • Applies when: One spouse lives in the nursing home and the other spouse (the “Community Spouse”) lives outside of the nursing home.
  • Definition: Minimum amount of assets that the Community Spouse may keep. If a couple’s combined total assets are below this amount, then the Community Spouse keeps all of the assets.

Maximum Community Spouse Resource Allowance: $148,620

  • Applies when: One spouse lives in the nursing home and the other spouse (the “Community Spouse”) lives outside of the nursing home.
  • Definition: Maximum amount of assets that the Community Spouse may keep in most situations. The Community Spouse may keep the lesser of ½ of the total assets or $148,620. This amount may be higher (using a formula from the state) if the couple’s combined income is less than $3,715 per month.

Monthly Personal Needs Allowance: $60

  • Applies when: A person is receiving Medicaid benefits while living in the nursing home.
  • Definition: Monthly dollar amount that a Medicaid recipient may keep for personal items which Medicaid does not cover (e.g. haircuts). Thirty dollars ($30) more may be available for veterans.

Divestment Penalty Divisor: $9,939

  • Applies when: A potential Medicaid recipient transfers assets.
  • Definition: This figure, based on the statewide average of monthly nursing home costs, is used to determine the length of time an individual or couple is ineligible for Medicaid benefits because of transfers they have made.

Every divestment, no matter how small, triggers a penalty and denial of benefits.

Resource Allowance for an Individual: $2,000

  • Applies when: A single person living in the nursing home applies for Medicaid benefits.
  • Definition: Maximum amount of assets a single person may own and still qualify for Medicaid benefits.

Resource Allowance for a Couple: $3,000

  • Applies only when BOTH spouses reside in a nursing home.
  • Definition: Maximum amount of assets a couple may own and still qualify for Medicaid benefits. If one spouse has received Medicaid benefits for more than one (1) year and then the other spouse moves to a nursing home and applies for benefits, a different rule may apply.

IMPORTANT: You do not have to spend down your life savings to qualify for Medicaid. There are legal and ethical strategies that an expert Elder Law attorney can utilize, to get you the benefits you’ve earned.

During these stressful and turbulent events, it helps to know that we are here to help you take the appropriate steps to benefit your loved one and safeguard your family’s future.

Our Medicaid Crisis Attorneys Provide Guidance During Uncertain Times

No crisis or situation is too big or too small for our Grand Rapids Medicaid crisis team. If you and your family are worried about the future because of an illness or injury that your loved one is struggling with, our firm stands ready to advise you of your options and help you in selecting the most appropriate course of action.

Some of the crises we have assisted other clients with over the course of our firm’s existence include:

  • Loved one can no longer remain at home: When a mental or physical condition robs a loved one of his or her mental faculties or freedom of movement, it may become impossible for his or her family members to continue to provide in-home care. The loved one may need to be moved to a nursing home facility that can provide additional services and supervision. We may be able to help you arrange your loved one’s affairs so that Medicaid pays for these expenses.
  • Loved one needs to apply for Medicaid: There are certain eligibility requirements that must be met before a person will be eligible for Medicaid. Medicaid can help a person meet their short- and long-term medical needs, but only if the person actually qualifies for Medicaid benefits. We can help you understand the eligibility requirements for Medicaid in Michigan and to take steps to qualify for this program without liquidating your assets.
  • Loved one needs in-home care: Some Michigan residents may not know that Medicaid in Michigan can help provide for in-home nursing expenses. This allows your loved one to continue living at home while receiving the medical care he or she needs. We can help you apply for and obtain these important benefits.

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What Questions Do You Have For Us?

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If you do not call, then you may never know what you missed. Most people prefer knowledge, freely shared, over ignorance compounded by gossip. Speak with a compassionate expert today.

You have nothing to lose.

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