Tax Deductions for Assisted Living Costs

Since it is tax season, many caregivers of our clients who are residents of an assisted living facility inquire about tax deductions for assisted living costs. The IRS provides rules for deducting certain qualified long-term care costs as medical expenses. Normally, the costs of nursing home care should be deductible, but the status of Assisted Living Facility (ALF) costs has not been as clear. For ALF residents, qualified long-term care costs are “necessary rehabilitative services, maintenance or personal care services that are (1) required by a chronically ill individual, and (2) provided pursuant to a plan of care by a [...]

2024-02-28T13:22:42-05:00February 29, 2024|

The Difference Between a Revocable and an Irrevocable Trust

Trusts are fiduciary arrangements that allow a third party (also known as a trustee) to hold assets on behalf of a beneficiary. However, there are different types of trusts, and it's important to understand the difference between a revocable and irrevocable trust. This distinction is vital as it can have significant implications for how assets are managed, controlled, and taxed. Understanding Revocable Trusts A revocable trust is often also called a living trust. It is a legal entity created to hold ownership of an individual's assets. What makes a revocable trust stand out is its flexibility. The creator of the [...]

2024-03-08T11:07:07-05:00September 1, 2023|

How to Set Up a Trust

A trust is a legal agreement between two or more parties that grants one party, or trustee, specified assets while the beneficiary, or the person for whom the trust is established, retains ownership of said assets. If you’ve ever wondered how to set up a trust or how they work, we explain below in detail how to set up a trust, from creation to distribution. The five-step process: Creation Tax Recognition Funding Administration Distributions 1. Creation The steps in creating a trust are: Identifying the person who establishes the trust, usually called the “Grantor.” Identifying an appropriate trustee. A Trustee [...]

2024-03-08T11:08:07-05:00April 7, 2023|

What is the Community Spouse and the MMNA in Medicaid?

What is a community spouse, and how is one eligible for spousal allowance in the event their loved one is moved to a nursing facility? Before we answer, it’s important to first understand cost-sharing in Medicaid and qualifications based on income. Medicaid is a cost-sharing program, meaning that the Medicaid recipient shares in the cost of their care. Each nursing home has its own Medicaid reimbursement rate, or the daily rate that Medicaid pays them for its nursing home residents. The resident contributes a portion of their monthly income, and Medicaid makes up the difference. The resident’s income contribution is [...]

2024-03-08T11:28:03-05:00July 1, 2022|

How Can I Fight a Medicaid Transfer Penalty?

If you are planning to apply for Medicaid, whether for yourself or a loved one, it can be important to be aware of and, if possible, prepare for a Medicaid transfer penalty. If a Medicaid applicant has given away assets, inclusive of cash, bank account transfers, properties and/or vehicles, without receiving fair market compensation within the last five years, the Medicaid caseworker processing the application will impose a Medicaid penalty. What is a Medicaid Transfer Penalty? A Medicaid transfer penalty is a period of time during which Medicaid will not reimburse your long-term care provider for services, including home and [...]

2024-03-08T11:29:52-05:00May 13, 2022|

2022 Elder Law Numbers

As 2021 draws to a close, there are important 2022 elder law numbers that should be paid attention to by seniors and their loved ones. With these new changes in mind, now is the time to plan finances ahead of the year to come. 2022 Medicare Numbers The Centers for Medicare and Medicaid Services (CMS) has released the new Medicare premiums, deductibles, and co-payments for 2022: Basic Part B premium:........................................................$170.10/month (was $148.50 in 2021) Part B deductible:................................................................$233.00 ($203.00 in 2021) Part A deductible:................................................................$1,556.00 (was $1,484.00 in 2021) Co-payment for hospital stay days 61-90:..........................$389.00/day (was $37.00 in 2021) Co-payment for hospital stay [...]

2024-03-08T12:12:27-05:00December 10, 2021|

Medicaid Crisis Planning: Paying for Long-Term Care

Medicaid crisis planning is a crucial step in preparing for the future and taming the unexpected. And as with the case of Marie, a client I was happy to assist, Medicaid crisis planning helped turn an unexpected situation into the best possible outcome for her and her husband. $300,500.00 was most of Marie’s life savings. When she remarried while in her late 60s, it did not matter that her new husband had scant funds. Marie was happily working, and her new husband, Charlie, could help with the bills using his significant pension. No more than 10 years after their marriage, [...]

2024-03-08T12:28:06-05:00June 3, 2021|
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