PLANNING FOR LONG-TERM CARE – MEDICAID PLANNING
assets – resources and income
community spouse resource allowance – the amount of property that the spouse of a nursing home Medicaid recipient is entitled to retain
fair hearing – the administrative appeal of a denial of an application for Medicaid benefits
income – any property received in a given month
income allowance – the amount of monthly income that a person is allowed to retain and still qualify for Medicaid homecare. A recipient of nursing home Medicaid must pay all of his/her monthly income toward the nursing home bill, except for $50.
long-term care – nursing home or home-care services for a person with a chronic disability
lookback period – the period of five years preceding an application for nursing home Medicaid, over which period the local Medicaid agency examines the applicant’s financial transactions in order to identify disqualifying transfers
Medicare – the federal program that pays health care costs of all persons 65 years and older who are in the Social Security system.
- Part A – pays hospital bills and the costs of skilled nursing facilities to a very limited extent
- Part B – pays doctor’s bills
- Part C – Medicare Advantage plans
- Part D – prescription drug insurance
managed long-term care plan – an agency that provides managed care services to Medicaid recipients, under a contract with the state
minimum monthly maintenance needs allowance – the amount of monthly income that the spouse of a Medicaid recipient is entitled to retain
pooled income trust – a program run by a charitable organization under contract with the state, to which you can assign your income that exceeds the monthly income allowance and arrange for the trust to pay your expenses, thereby causing that income to be exempt income for purposes of Medicaid eligibility
resource – anything that you own
spousal refusal – the statement signed by the spouse of a Medicaid applicant, refusing to make the spouse’s assets available for the care of the applicant, in order that the applicant not be disqualified by the spouse’s assets
supplemental needs trust (“SNT”) – a trust that is structured so that the assets therein are exempt assets. A SNT can be a third-party trust, established with the funds of someone other than the beneficiary, or a first-party trust, established with the beneficiary’s own funds if they are contributed to the trust when the beneficiary is under the age of 65.
transfer – the gifting away of a resource
The terms defined on this page relate to guardianships of adults other than developmentally disabled persons.
annual report – the report that a guardian must file in May of each year with the court, setting forth the circumstances of the incapacitated person and rendering an account of the guardian’s financial transactions in the previous calendar year
commission – the document of court appointment of a guardian
- guardian of the person – a guardian given authority over the personal life of the incapacitated person
- guardian for property management – a guardian given authority over the financial affairs of the incapacitated person
- guardianship proceeding – the court proceeding for the appointment of a guardian of an alleged incapacitated person
hearing – the session of the court at which testimony and other evidence is presented in support of, and sometimes in opposition to, the petition
incapacity – the status of a person being likely to suffer harm because of inability to provide for his/her personal needs and/or property management and inability to adequately understand the nature and consequences of such inability