LegalJourney Blog

Wednesday, July 8, 2015

Over 70 and Long Term Care

There are many factors to consider when deciding whether or not to implement Medicaid planning.  If you’re in good health, now would be the prime time to do this planning. The main reason is that any Medicaid planning may entail using an irrevocable trust, or perhaps gifts to your children, which would incur a five-year look back for Medicaid qualification purposes. The use of an irrevocable trust to receive these gifts would provide more protection and in some cases more control for you.

As an example, if you were to gift assets directly to a child, that child could be sued or could go through a divorce, and those assets could be lost to a creditor or a divorcing spouse even though the child had intended to hold those assets intact in case they needed to be returned to you. If instead, you had used an irrevocable trust to receive the gifted assets, those assets would not have been considered the child’s and therefore would not have been lost to the child’s creditor or a divorcing spouse. You need to understand that doing this type of planning, and using the irrevocable trust, may mean that those assets are not available to you and therefore you need to be comfortable with that structure.

Depending upon the size of your estate, and your sources of income, perhaps you have sufficient assets to pay for your own care for quite some time. You should work closely with an attorney knowledgeable about Medicaid planning as well as a financial planner that can help identify your sources of income should you need long-term care. Also, you should look into whether or not you could qualify for long-term care insurance, and how much the premiums would be on that type of insurance.


Archived Posts

2017
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015
2014
December
September
August
July
June
May
April
March
February
January
2013
December
November
October
August
July
May
April
March
February
January


Attorney Karnardo Garnett represents clients with their Estate Planning, Elder Law and Asset Protection needs throughout the Tampa Bay Area, serving all of the bay area, including but not limited to Tampa, Brandon, Clearwater, St. Petersburg, Gibsonton, Riverview, Oldsmar, Safety Harbor, Hillsborough County, and Pinellas County, FL



© 2017 LegalJourney Law Firm PLLC | Disclaimer
2002 W. Cleveland St, Tampa , FL 33606
| Phone: 813.344.5769 | 888.954.5769

Estate Planning | Estate Planning - Spanish | Elder Law/Medicaid Planning | Elder Law/Medicaid Planning - Spanish | Planning for Children | Planning for Children - Spanish | Probate / Estate Administration | Guardianships | Special Needs Planning | Estate Tax Planning | Estate Litigation | Estate Litigation - Spanish | Asset Protection

Attorney Website Design by
Amicus Creative


© LegalJourney Law Firm | Disclaimer | Attorney Website Design by Zola
2002 W. Cleveland St, Tampa, FL 33606 | Phone: 813.344.5769