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Elder Law & The Medicaid Planning Process

Elder Law & The Medicaid Planning Process

What do Elder Law Attorneys Do?

Elder Law attorneys may also be referred to as an Elder Care attorneys, Estate and Trust Attorneys, or Medicaid lawyers.

The Attorneys at Vertical Estate Planning, LLC specialize in Elder Care Law & Medicaid Planning.

VEP represents and advocates for its clients and their family while proactively preparing for the transition of the aging or disabled family member to long-term care.

VEP assists seniors and their family’s’ by providing a large and diverse array of legal tools to attain their stated goal, such as: retirement planning, estate planning, creating wills and durable power of attorney, healthcare power of attorney, guardianship, creating trusts, and Medicaid planning as well as emergent or at need Medicaid Spend down.

“Estate Planning is All We Do at Vertical Estate Planning.”


Do I Need Assistance Filling Out the Medicaid Application?

The attorneys at Vertical Estate Planning are intimately familiar with the rules and regulations surrounding Medicaid applications. The application process includes completing paperwork, providing supporting documentation, and filing the application. Answering the questions and providing the appropriate documentation to Medicaid is key in Medicaid Qualification.

VEP suggests before applying for Medicaid, that all applicants should meet with an Elder Law Attorney who specializes in Medicaid before filing anything with the Medicaid office.

Medicaid is complicated due to the Rules and Regulations that are not readily apparent.


My “Loved One” is in the Hospital and is being Discharged to a Nursing Home… What do I do?

While Medicaid planning is best done well in advance of the need for care, particularly if one has assets valued over $50,000.

This is because Medicaid has a 60-month look back period. During the “look back”, an applicant cannot gift assets or sell them for less than fair market value. If a sale has been done, the Medicaid agency assumes it was to meet Medicaid’s asset limit. Violating this rule results in a penalty period of Medicaid ineligibility for the applicant.

An Elder Law Attorney who specializes in Medicaid and Crisis Medicaid has tools at their disposal that allow for the proper Spend Down of the applicant’s assets.


How do I Protect Parents’ Income and Assets?

The attorneys at Vertical Estate Planning believe that estate planning while you are “Vertical” (upright, healthy and with all your faculties) allow for planning techniques that provide for Medicaid eligibility. This type of planning protects your assets from the nursing home.

At VEP we use Medicaid Asset Protection Trust (MAPT). If a MAPT is implemented prior to the look book period of 60 months in Alabama, the penalty period for gifting assets is avoided, and the trust protects assets for non-Medicaid spouses to ensure they can live independently.

Furthermore, MAPTs protect assets, including one’s home, for relatives upon the death of the Medicaid recipient. This means that the state cannot attempt to be reimbursed for long term care costs for which it paid for the Medicaid beneficiary via these assets.

The Attorneys at VEP specialize in Medicaid Crisis Planning, which occurs when a senior needs Medicaid benefits within 30-60 days.

Do I Need Estate Planning?

The State of Alabama provides an estate plan for everyone. It is a one size, and it fits everyone. Fits everyone? Not really.

We Cant wait to hear from you

417 4th Avenue SW #270 Cullman, AL

204 Main Street Suite 128 Trussville AL

Serving Alabama with customized Estate Planning.

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