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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
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
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...