MEDICAID

Medicaid Planning is an area of law that concerns itself with assisting clients in qualifying for Medicaid while preserving their life savings. Typically, Medicaid Planning involves clients who require nursing home care, but it can also apply to those seeking community based Medicaid programs. Since individuals and married couples with assets in excel of the program limit are in need of legal advice. It is obvious that single individuals and married couples with assets in excess of these amounts are in need of legal advice in order to protect as much of their savings as possible.

Medicaid cases fall into two categories; crisis and pre-crisis. Crisis Medicaid planning concerns itself with clients who are in need of Medicaid at the present time and, therefore, requires strategies which work immediately. For example, a Medicaid applicant seeking nursing home admission and Medicaid qualification, whose income exceeds the current limit, must establish a Qualified Income Trust, with proper administration of that trust in order to reduce countable income. On the other hand, pre-crisis planning involves strategies designed to work in the future. An example of pre-crisis planning is establishing a 5-Year Trust. This type of planning is implemented for the purpose of qualifying for Medicaid after 5 years. It also protects the assets in the trust, from the children's creditors, divorces or premature death.

Most families who visit The Elder Law Center of Mondschein and Mondschein, P.A. are understandably afraid of losing most, if not all, of their assets. This situation normally involves the need for long term care in a nursing home, which may cost up to $10,000.00 per month. They have consulted with other professionals who reinforce the fear that the chronically ill individual and/or the spouse will probably lose most of their assets. They have been given incorrect advice which may exacerbate the situation. Still other non-licensed Medicaid Planners, who are not attorneys, have never passed a bar exam, do not have a Board Certified Elder Law Attorney on staff, and do not carry Mal Practice Insurance, claim that attorneys are too expensive. The truth is that typically it is very reasonable to hire a firm with a Board Certified Elder Law Attorney when you consider the possible consequences of not hiring one.

At the Elder Law Center of Mondschein and Mondschein, P.A. we practice in the areas of Crisis and Pre-Crisis Planning. As a Florida Board Certified Elder Law Attorney, Nationally Certified Elder Law Attorney and Past Chair of The Elder Law Section of The Florida Bar, Leonard E. Mondschein, J.D., LL.M, CELA, CAP, personally meets with each new client to conduct an initial consultation to determine the needs of that client. Both he and his partner, Philip H. Mondschein, J.D., LL.M, work with each client directly (not through a paralegal), to assist in the planning and qualification process for Medicaid. They have been in practice for over 20 years in the area of Medicaid Planning, so they have the experience to assist those clients who are in need of crisis or pre-crisis Medicaid Planning.

If you are concerned with the high cost of long-term care, call the Elder Law Center of Mondschein and Mondschein, P.A. for a free initial telephone consultation: (305) 274-0955.

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