My husband is in a nursing home and is on Medicaid. All his income is going to the nursing home except for a small sum to pay...Read more
Residents of Most States May Have Time to Plan Under the Old Transfer Rules
- January 31st, 2006
Although Congress passed a new law February 1 further restricting the ability of the elderly to transfer assets before qualifying for Medicaid coverage of nursing home care, many people in most states will still have time to plan under the old rules. While the new law applies to all transfers made after the date of enactment (and perhaps those made on the date of enactment, though this in unclear), it gives the states a grace period to come into compliance if state legislation is required to put the new rules into effect. In most states, the old rules will likely apply to transfers if the Medicaid application is filed before the state passes the complying legislation. So it may not be too late to plan, and in many cases not too late to transfer assets.
Such states have until the first day of the first calendar quarter beginning after the end of the legislature's next session (or the end of the next year of a two-year session) to comply. For instance, if a state's next legislative session begins in September 2006 and ends in December 2006, the deadline is January 1, 2007. If the session ends in January 2007, then the deadline will be April 1, 2007.
If you have considered protecting some assets for your loved ones in case you later require long-term care, you should contact a qualified elder law attorney in your state without delay. To find an ElderLawAnswers member attorney in your area, click here.
Local Elder Law Attorneys in Ashburn, VA
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
Hale Ball Carlson Baumgartner Murphy PLC
Loretta Morris Williams is a certified elder law attorney by the National Elder Law Foundation. Ms. Williams was admitted to the Council of Advanced Practitioners, National Academy of Elder Law Attorneys (NAELA) in 2012. She serves as President of the Virginia Academy of Elder Law Attorneys. Ms. Willia...
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...