Elder Law Answers
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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 Mindy Felinton
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Mindy Felinton
Felinton Elder Law & Estate Planning Centers
Mindy Felinton concentrates in the areas of Medicaid planning, Veterans' Benefits, asset protection, nursing home planning, elder law, wills, estate planning, trusts, living wills, powers of attorney, probate administration and trust administration and began her legal career 30 years ago as an Assistant State Attorney...
(301) *** ****
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Meet Margaret O'Reilly
(703) *** ****
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Margaret O'Reilly
Margaret A. O'Reilly, PC
Margaret A. O’Reilly is an estate planning and elder law attorney with over thirty-five years of legal experience. Attorney O’Reilly graduated from Duke University with a degree in psychology, and received her law degree from Northeastern University School of Law in Boston, Massachusetts. For over 15 y...
(703) *** ****
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Meet Daniel Steven
(301) *** ****
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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.
For more about (d)(4)(C) trusts (also called "pooled trusts"), click here.
Last Modified: 12/02/2014
