FLORIDA – November 23, 2020

Elder law attorneys can answer questions regarding the necessary application for Florida Medicaid and Veterans’ benefits surrounding family discussions of benefit applications to cover long term care costs.  An experienced elder law attorney can assist clients in completing applications to Medicaid for these services, after exhausting Veteran’s benefits, as well as moving their assets into protective financial situations to assure a constant revenue stream to cover the costs of elder care and safeguard spousal livelihood.

Medicaid. 

 Elder law attorneys assist with the necessary financial planning that is required to qualify for Medicaid application.  Medicaid requires individuals to prove medical necessity which must be certified by a Florida doctor verifying that a person needs assistance with activities of daily living; applicants must have no more than $2,000 in assets and earn no more than $2,349 as monthly income.  The requirements seem to be quite stringent, but if an elder law attorney assists individuals with the proper structure of assets, Medicaid can reduce the financial strain on aging individuals. Attorneys can explain Medicaid options and how Veterans’ Benefits impact the payments from Medicaid for long term elder care.

Spousal impact on VA and Medicaid benefits. 

Assets can be secured if a spouse continues to live in the family home that the Medicaid recipient plans on returning to, or that has less than $595,000 of equity in value.  There are occasions where personal property, a car, certain insurance policies and retirement accounts may be exempt from Medicaid qualifications.  Veteran’s benefits structure will depend on the type of care a spouse may need, in addition to the long term care necessary for the veteran to apply for Medicaid.  In this case the benefit may remain at a designated level to cover spousal costs, and Medicaid will cover the veteran’s costs of long term care.   Elder law attorneys can help identify what is exempt and what is not when applying for Medicaid services and related capitations on VA benefits.

Veteran’s benefits. 

Veterans’ benefits and Medicaid services can cover certain long term care costs and services for veterans and their spouses.  VA benefits can be used to pay for home care, assisted living care, and nursing home care at a set maximum amount to the wartime veteran, or their surviving spouse.  Individuals must make application to VA benefits before applying for Medicaid benefits. If the VA benefits are enough to pay for long term care costs along with any existing income, Medicaid may not be needed.  Since VA benefits are capped at a much lower rate than most skilled care facilities cost, VA recipients may still require Medicaid to pay for long term care, thus reducing the amount of VA benefits.

Legal counsel.

Seek legal counsel to address questions and concerns about how to apply for Medicaid, and how Medicaid and Veterans’ benefits work together. Contact an experienced attorney at The Estate, Trust & Elder Law Firm, P.L. in Stuart Florida to assist with plans for finances and available care options.

The Estate, Trust, & Elder Law Firm, P.I.

850 NW Federal
Highway, #1004
Stuart, FL 34994
Phone: 772-261-8556
by Appointment Only

Sources.

https://www.choose.va.gov/

https://www.medicaid.gov/medicaid-and-you/index.html

https://www.medicaid.gov/

https://www.flsenate.gov/Laws/Statutes/2018/731.201

 

 

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