Special Needs Trusts are in place to protect the benefits of an adult or child with special needs and are exempt from Medicaid and Supplemental Security Income (SSI). A properly drafted special needs trust gives (you) the trustee, or someone you appoint, the sole discretion to use the funds for the benefit of your family member. A question I get asked often is what can I use the funds for, and are there any limitations?
Keep reading ...
Attorney Ethan Welch was featured in the Cleveland Jewish News article Guardianship important when dealing with disabled individual where he discussed what being legally competent means and how the courts award guardianships.Keep reading ...
This week the state of Ohio will begin a series of drawings to increase the awareness of the availability and efficacy of the COVID-19 vaccine, and to provide a million dollar incentive for Ohioans who’ve been vaccinated.
What does winning the Vax-a-Million mean for your benefits? Attorney George Aljoe answers some commonly asked questions concerning your benefits and the Vax-a-Million winnings.
Keep reading ...We’ve created our March virtual events with you in mind!
Planning for your future right now can be confusing and overwhelming, and it’s not always easy to anticipate the needs of older family members or loved ones with a disability. Our complimentary virtual programs will cover estate planning, communication with family, care advocacy, legal options and more.
We hope you’ll join our virtual discussions for support and guidance as you plan for the years ahead, and advocate on your loved one’s behalf.
This week, Attorney Ethan Welch discusses how a special needs attorney can help your family.
Keep reading ...Hickman & Lowder Co., L.P.A. is excited to continue our Special Needs Insights series. Our short videos are designed to help you expand your awareness, reduce your stress and redefine what is possible as you advocate for your loved one.
Attorney Ethan Welch provides tips on planning for retirement when you have an adult child with a disability.
Keep reading ...What are the basic asset rules of Medicaid eligibility?
Are there any penalties for transferring assets?
Are there any exceptions to the Transfer Penalty?
Is there an application process?
Do I have to pay Medicaid back?
What are the basic asset rules of Medicaid eligibility?
In Ohio, Medicaid is administered by the Department of Job and Family Services (the DJFS). However, in order to qualify for federal reimbursement, the state program must comply with applicable federal statutes and regulations. So the following explanation includes both Ohio and federal law as applicable. The basic rule of nursing home Medicaid eligibility is that an unmarried applicant may have no more than $2,000 in “countable” assets in his or her name. “Countable” assets generally include all belongings except for (1) personal possessions, such as clothing, furniture, and jewelry, (2) one motor vehicle, (3) the applicant’s principal residence (if it is in Ohio), and (4) assets that are considered inaccessible for one reason or another. Prior to applying for Medicaid, an applicant can spend down “countable” assets by purchasing items or services for his or her benefit, such as clothing, a television or furnishings for the nursing home room, medical appliances not routinely covered by Medicaid or only covered at a minimal level (such as hearing aides, dental care), an irrevocable pre-need burial plan, care coordination, legal services, etc. [Top of Page]
Are there any penalties for transferring assets?
The other major rule of Medicaid eligibility is the penalty for transferring assets.