Tuesday, April 17, 2007

Case of the Week 3/23/07

Client's Age: 69
County: Clay

Client, a widow who recently moved from another state to WV to be near his son, has been diagnosed with early Alzheimers. He called us with a variety of legal questions as he is trying to get his affairs in order as he anticipates his future mental incapacity. He had been told to transfer his assets to his son to qualify for long-term care Medicaid. That is a popular legal myth that actually can cause you significant harm because of the penalties for uncompensated transfers of assets. We explained in detail long-term care Medicaid eligibility, spend-down, uncompensated transfers of assets impacts, and estate recovery, and applied those concepts to his particular circumstances so he can plan effectively.

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