Long Island Medicaid planning attorney Seth Schlessel (https://www.schlessellaw.com/what-happens-to-assets-if-you-go-into-a-nursing-home/), of Schlessel Law PLLC, discusses the critical financial considerations individuals must take into account when transitioning into nursing home care. In the latest article, Schlessel provides valuable insights into how Medicaid planning can help protect assets while securing necessary care.
The article addresses the rising costs associated with nursing home care in New York, highlighting the financial burden it places on individuals and their families. According to Long Island Medicaid planning attorney Seth Schlessel, the average annual expense for a private room in a Long Island nursing home can exceed $176,000, depleting savings rapidly. Without proper planning, families risk losing a significant portion of their wealth. Schlessel explains that Medicaid is a vital resource for many, covering nursing home expenses when eligibility requirements are met.
When entering a nursing home, a comprehensive financial assessment is conducted to evaluate a person’s ability to pay for care. This process, Schlessel explains, includes reviewing all countable assets to determine Medicaid eligibility. The Long Island Medicaid planning attorney outlines the difference between exempt and non-exempt assets under New York’s Medicaid rules, an understanding that is crucial for effective financial planning.
Seth Schlessel highlights that while some assets, such as primary residences, may be exempt during a person’s lifetime, they can become part of Medicaid’s Estate Recovery Program (MERP) after the individual’s passing. This program allows the state to recoup care costs from a deceased person’s estate, impacting the financial legacy left for heirs. Schlessel advises clients to prepare early to minimize the impact of such claims.
Medicaid planning involves more than just asset evaluation. Schlessel’s article discusses Medicaid’s “look-back” period in New York. This five-year period scrutinizes asset transfers to help ensure they were not done to qualify for Medicaid unfairly. If violations are found, it can result in periods of Medicaid ineligibility, leaving individuals responsible for nursing home costs during those times. Schlessel stresses the importance of early planning and adherence to these regulations, advising clients to work closely with a Medicaid planning attorney to develop a compliant strategy.
“Failing to plan ahead for nursing home care can lead to significant financial loss,” says Seth Schlessel. “Medicaid's look-back period and the rules regarding asset transfers are strict, and any misstep can cause severe penalties. Engaging in proactive planning can allow individuals to avoid these pitfalls and secure their financial well-being.”
Seth Schlessel outlines several legal strategies to protect assets while preparing for long-term care. These strategies include establishing Medicaid Asset Protection Trusts (MAPTs), purchasing annuities that comply with Medicaid guidelines, and careful asset transfers within the permissible timeframe. These tools help clients reduce their countable assets without violating Medicaid regulations, enabling them to maintain eligibility while preserving as much wealth as possible for future generations.
He also discusses how gifting strategies, when executed correctly, can be part of an effective plan. However, Schlessel cautions that any gifts made within the look-back period must be carefully managed to avoid Medicaid penalties. “A knowledgeable attorney is essential to manage these complex matters and to structure your financial affairs in compliance with Medicaid’s requirements,” Schlessel notes.
The article highlights the substantial cost differences between nursing homes in New York City and Long Island, with Long Island’s daily rates averaging around $482. These high costs underscore the necessity of Medicaid planning for those considering long-term care. Schlessel emphasizes that selling major assets to fund nursing home care is not always the best solution. In many cases, preserving assets is crucial, especially when one spouse remains at home or if there is a desire to leave an inheritance.
Seth Schlessel encourages individuals and families to consult with a Medicaid planning attorney before making decisions regarding nursing home care. Understanding Medicaid’s complex rules and the financial implications of long-term care can make a significant difference in protecting assets and securing a legacy for loved ones. Schlessel Law PLLC is dedicated to providing clear and effective legal guidance to help clients manage their assets efficiently amidst the challenges of nursing home costs.
About Schlessel Law PLLC:
Schlessel Law PLLC is a Long Island-based law firm, well-versed in Medicaid planning and elder law services. Led by Seth Schlessel, the firm can offer personalized legal strategies to help clients manage the often complex matters of Medicaid eligibility and asset protection. Schlessel Law PLLC is committed to safeguarding clients' financial futures while helping ensure they receive the long-term care they need.
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Company Name: Schlessel Law PLLC
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Phone: (516) 574-9630
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City: Mineola
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Website: https://www.schlessellaw.com/
