MENU Close
Close
  • Home
  • Services
  • Attorneys
  • Resources
  • News & Events
  • About Us
  • Contact Us
  • Join our Team
Search
Back
    Quick Links:
    Join Webinar
    Read News
    Our Location
    A
    Alternative Dispute ResolutionAntitrust & Trade RegulationAppellate Practice
    B
    Banking & Financial ServicesBankruptcy, Creditors’ Rights, and Financial RestructuringBeer LawBusiness Law
    C
    Cannabis LawConstruction LawCriminal Defense
    E
    Economic Development LawElder Care & Special Needs LawElectronic Discovery ("E-Discovery")Environmental LawEstate Planning and Administration & Wealth PreservationExecutive Compensation, Employment, ERISA, and Employee Benefits
    F
    Food, Beverage & HospitalityFranchise Law
    H
    Health Care & Life SciencesHealth Care ProvidersHigher EducationHospitals and Health Networks
    I
    ImmigrationInsurance CoverageIntellectual PropertyIntellectual Property Litigation, Arbitration, and Dispute ResolutionIntellectual Property Portfolio Strategy, Management & LicensingInternational BusinessInternet Law
    L
    Labor & EmploymentLiquor Law, Licensing, Manufacturing, and DistributionLitigation
    M
    Media LawMergers & AcquisitionsMunicipal Law
    N
    Non-Profit Law
    P
    Patent Preparation and ProsecutionPharmaceutical / Medical Devices / Pharma ServicesProducts and Consumer Liability DefenseProfessional LiabilityPublic Utilities
    R
    Real Estate, Finance, and Land Use
    S
    SecuritiesSolar Energy
    T
    TaxationTelecommunicationsTrademark & Copyright Protection & Enforcement
    V
    Venture Tech & Emerging Growth Companies
    W
    White Collar Investigations & DefenseWorkers’ Compensation
    • New Jersey
    • New York
    • Pennsylvania
    • Blogs
    • Articles
    • Podcasts
    • COVID-19 Resources
    • News
    • Events
    • Webinars
    • About Us
    • Delivering Value
    • Diversity & Inclusion
    • Meritas

    New Jersey

    400 Crossing Boulevard
    8th Floor
    Bridgewater, NJ 08807
    Phone:(908) 722-0700
    Fax:(908) 722-0755

    28 Valley Road
    Suite 1
    Montclair, NJ 07042

    New York

    7 Times Square
    21st Floor
    New York City, NY 10036
    Phone:(212) 808-0700
    Fax:(212) 808-0844

    Pennsylvania

    515 West Hamilton Street
    Suite 502
    Allentown, PA 18101
    Phone:(610) 391-1800
    Fax:(610) 391-1805

    • What sets us apart
    • Attorneys
    • Other Professionals
    • Professional Development
    • Non-Discrimination Policy

    Categories

    Aging Asset Protection Elder Exploitation Estate Planning Guardianship Health Care Decision-Making Medicaid Medicare Social Security Special Needs Uncategorized Veterans
    Blogs > Peace of Mind > What Family Caregivers Need to...
    Member
    Shana Siegel
    Visit Profile

    What Family Caregivers Need to Know About Medicaid and How It Could Help Them Financially

    What Family Caregivers Need to Know About Medicaid and How It Could Help Them Financially

    Approximately 20% of adults in the United States provide care to their parents or other adult family members. These caregivers provide an astonishing 34 billion hours of unpaid care.

    The economic value of this care is approximately $470 billion. 

    Since most of these caregivers are also juggling paid jobs with their caregivers, they don’t have time to become experts in Medicaid. Unfortunately, this means that without guidance, they can make costly mistakes. Instead of being able to preserve some assets as payment for all their care, they can end up with nothing.

    A recent New Jersey case shows how caregivers' lack of knowledge can lead to an unfair result.

    An adult son lived with and provided care to his mother. When her needs got too much for him to handle, he applied for Medicaid to provide aides for her in the home. The son paid for the household expenses and expected to get repaid when the house was sold after his mother’s death. He did not realize that Medicaid places a lien against properties owned by Medicaid recipients. After the mother’s death, Medicaid issued a claim against the estate. The son caregiver filed a hardship waiver pointing out that there would be nothing to recover if he had not paid the taxes and other expenses.

    There are so many opportunities here that the caregiver seems to have missed.

    First, depending on the situation, he may have been able to have the home transferred to him under the caregiver-child exception. This is a policy exception that allows for the transfer of a Medicaid applicant’s home if they provide a nursing home level of care for two years prior to application.

    The son tried to argue the caregiver's exemption justified the waiver of the lien. However, this exception must be claimed at the time of application in order to justify the transfer of the home, which otherwise would be penalized. If the son did not meet the caregiver-child criteria, then he should have done a promissory note and mortgage for the loan he made related to the household expenses. The mortgage must be satisfied upon sale, therefore converting it into an estate expense. This would have protected the son.

    I have also found that a knowledgeable attorney negotiating a lien compromise with the state can make a big difference in these types of cases. If you have any questions about this post or any other related matters, please feel free to email me at ssiegel@norris-law.com.

    Member
    Shana Siegel
    Visit Profile

    Related Posts

    The Powers That Shouldn’t Be: Combating Fraud & Exploitation Researchers Warn That Failure to Plan by and for Individuals with Disabilities may Result in a Major Public Health Crisis “The Importance of Choosing the Right Medicaid Advisor”

    Share

    Tags

    #caregiver #elder care

    Similar Posts

    September 13, 2023
    NJ Veterans Have New Protections When Applying for VA Benefits
    NJ Veterans Have New Protections When Applying for VA Benefits
    January 26, 2023
    Medicaid Disenrollment’s Are Coming, But There Is Still Time to Fix Eligibility
    Medicaid Disenrollment’s Are Coming, But There Is Still Time to Fix Eligibility
    January 10, 2023
    Ten Most Common Myths about Medicaid
    Ten Most Common Myths about Medicaid

    Helpful links

    • About Us
    • News
    • Services
    • Blogs
    • Attorneys
    • Articles
    • (COVID-19)
    • Events
    • Join our Team
    Connect

    Connect with Us

    • LinkedIn
    • Facebook
    • Twitter
    • Instagram
    • Youtube

    Join our growing team

    We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.

    Learn More

    Subscribe to our content

    Receive timely legal information delivered to your inbox

    This field is for validation purposes and should be left unchanged.
    © , Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
    VIEW OUR DISCLAIMER,  TERMS OF USE,  AND PRIVACY POLICY

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more