“Thought for the Day” #975 – by Stephen R. Elville, J.D., LL.M.

May 23, 2017

The first thing that should be considered in long-term care-related asset protection is the preservation of those assets that are already exempt due to the existence of facts and circumstances favorable to the Medicaid applicant couple or individual. For example, current law exempts (allows for the exclusion of) the primary residence of a Medicaid applicant if occupied by a spouse, or blind or disabled child. The residence is also excluded under certain circumstances where a child caregiver has provided care for their parent(s) at home; where a sibling of the applicant is a co-owner of the home; and in other limited circumstances. These “obvious” exclusion of asset opportunities are unfortunately many times missed.