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How Can a Medicaid Asset Protection Trust Help Your Clients?

By Jill Roamer, J.D., CIPP/US February 1, 2023

The U.S. Department of Health & Human Services proffers that by the time your client reaches age..

Spousal Support Order Deemed Improper

By Jill Roamer, J.D., CIPP/US January 20, 2023

In order to keep a community spouse from being impoverished when their partner enters a nursing..

Pandemic Not an Excuse for Planning Delay

By Jill Roamer, J.D., CIPP/US November 30, 2022

The Covid-19 Pandemic made everything topsy-turvy. Businesses shut down, supplies were sometimes..

Penalty Period was Upheld for Transfers to Loved Ones

By Jill Roamer, J.D., CIPP/US October 25, 2022

A.V. suffered from Alzheimer’s disease and was admitted to a nursing home in January 2021...

Resource Must Be Excluded if Applicant is Making Reasonable Effort to Sell

By Jill Roamer, J.D., CIPP/US July 7, 2022

Many states, in their state Medicaid rules, have an exception for counting an asset for..

Supreme Court Rules Medicaid Can Recoup Against Settlement Funds for Future Medical Payments

By Jill Roamer, J.D., CIPP/US June 15, 2022

The Supreme Court of the United States issued a ruling last week that dictates that a state’s..

Can Incompetency Clause in Revocable Trust Protect Assets from Medicaid Eligibility Consideration?

By Jill Roamer, J.D., CIPP/US May 26, 2022

A trigger trust, in the Medicaid-trust world, is one in which access to trust funds is removed once..

Consent Judgment Must be Honored Even Though Medicaid Qualification May Have Been a Motivating Factor

By Jill Roamer, J.D., CIPP/US May 13, 2022

A big part of elder law is helping clients get eligible for Medicaid since that government program..

Is Prior Occupancy Required to Have Home Excluded?

When qualifying for long-term Medicaid, there are asset and income restrictions. In many states,..

What Elements Must be Met for a Hardship Waiver?

By Jill Roamer, J.D., CIPP/US April 13, 2022

Federal law, specifically 42 U.S. Code § 1396p(c)(2)(D), dictates that a state must establish..

Applicant’s Funds Countable Notwithstanding Inability to Access Account

By Jill Roamer, J.D., CIPP/US March 31, 2022

What happens if a Medicaid applicant has funds in a bank account but cannot access those funds due..

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