Elder Law Answers
The Benefits and Drawbacks of Buying an Annuity Doubler to Pay for Long-Term Care
As long-term care insurance premiums keep rising and fewer companies are offering policies, seniors are looking for...
Read moreIs There a Way to Receive a Car Crash Settlement and Still Preserve Medicaid?
- December 2nd, 2014
Q
My mother was involved in a car crash caused by an uninsured driver and has been awarded a reasonable sum by her own car insurance. Currently she is on Medicaid and needs daily care due to the accident. But if she recieves any of the insurance money, she will lose her coverage and daily care. Do you have any advice on how to deal with this situation? Ideally she would receive the money to buy a low-cost property to reduce her monthly expenses and move to a more hospitable environment.
A
Your mother may be able to stay on Medicaid and protect the proceeds through a (d)(4)(A) or (d)(4)(C) trust, depending on her age and what’s available in her state. You or her personal injury attorney need to consult with a local attorney who specializes in settlement planning issues. You can find such an attorney on our sister site at www.specialneedsanswers.com.
For more about (d)(4)(A) trusts (in this case also known as a "first-party trust," click here.
Local Elder Law Attorneys in Ashburn, VA
Meet Judith Mitnick
(703) *** ****
Learn more
Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
(703) *** ****
Tell us about your legal issue and we will put you in touch with Judith Mitnick.
Meet Daniel Steven
(301) *** ****
Learn more
Daniel Steven
Daniel N. Steven, LLC
Daniel N. Steven is an attorney licensed in Maryland and the District of Columbia. with many years of experience in complex estate planning and Elder Law. He is rated by Martindale-Hubbell as an AV Preeminent 5.0 out of 5 rated attorney.
(301) *** ****
Tell us about your legal issue and we will put you in touch with Daniel Steven.
Meet William Fralin
(301) *** ****
Learn more
William Fralin
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
(301) *** ****
Tell us about your legal issue and we will put you in touch with William Fralin.
For more about (d)(4)(C) trusts (also called "pooled trusts"), click here.
Last Modified: 12/02/2014
