The Challenge
Margaret’s Family’s Challenge
When the family approached us, they faced several urgent challenges:
- Monthly nursing home costs of $9500
- Rapidly diminishing savings
- No long-term care insurance
- Indefinite nursing home care
- Desire to preserve some inheritance
- Confusion about Medicaid rules
Our Solution
Crisis Medicaid Planning
With $180,000 in available assets, Margaret’s family feared everything would be lost to long-term care costs. They didn’t realize that even in a crisis, legal strategies exist to protect a portion of their mother’s legacy.
Our Process
We implemented a crisis Medicaid plan using the “gift-note” strategy (also known as “half a loaf” planning) to protect approximately half of Margaret’s assets while ensuring care coverage. The plan rolled out through five key phases:
- Initial Analysis. In this phase, we calculated all of Margaret’s countable assets and determined the Medicaid eligibility threshold. We projected nursing home costs and evaluated the gift note potential and optimal timing.
- Gift-Note Strategy Implementation. The first thing we did in this phase was to calculate the strategic gift amount—$90,000. We created a promissory note for the remaining funds. Then we structured note payments to cover care costs and documented all transactions.
- Gift Structure. We made the $90,000 gift to Margaret’s daughter as power of attorney, established the gift date, calculated the penalty period, created clear documentation, and prepared a gift tax return.
We also created a Medicaid-compliant note, structured monthly payments with the appropriate interest rate, established a repayment schedule, and ensured the actuarial soundness of the plan.
The Strategy
The gift-note strategy allowed us to protect approximately half of Margaret’s assets while ensuring care coverage:
- Note Payments:
- Monthly payments covered care costs
- Payments exhausted note balance during penalty period
- Timing aligned with Medicaid eligibility
- Medicaid Application:
- Filed application strategically
- Disclosed gift and calculated penalty
- Demonstrated payment ability during penalty period
- Provided all required documentation
- Secured approval with planned start date
The Outcome
Through careful planning and execution:
- $90,000 was preserved for family
- Nursing home care was fully covered
- Medicaid eligibility was achieved
- Clear documentation was maintained
- The family legacy was partially protected
- Peace of mind was established
How We Can Help You
Even in crisis situations, legal strategies exist to protect a portion of your assets from nursing home costs. While pre-planning is always preferred, don’t assume all is lost if a loved one is already in a nursing home. Robert M. Goldberg & Associates can provide proper legal guidance to help preserve a significant portion of your assets while ensuring quality care continues. Our crisis Medicaid planning provides:
- Perfect timing of transactions
- Precise calculation of gift amounts
- Proper note structure
- Accurate penalty period calculation
- Clear documentation
- Strategic application timing
- Expert legal guidance
The Time to Act is Now. While this strategy can be powerful, timing is crucial. The sooner you act:
- The more assets you can protect
- The more options you have
- The better your outcome will be
- The more secure your planning becomes
- The sooner you’ll have peace of mind
This case study is based on a composite of client experiences. Names and specific details have been changed to protect client privacy while illustrating common Medicaid planning scenarios and solutions.