MEDICAID FAQS

THE RULES

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• 42 USC 1396
• Social Security Programs Operations Manual
• Indiana Code 12-15
• 405 IAC Article 2
• Policy Manual

ADVANCE PLANNING

FIVE YEAR PLANNING

• Any gifts made within 5 years of filing application
• No charitable exclusion in statute or manual
• $1,200 per year exemption to immediate family
• All gifts accumulated
• Length of penalty based on divisor

TRUST PLANNING

• Revocable trusts are countable
• Some irrevocable trusts countable
• Grantor must not have access to principal
• Can be a defective trust to preserve step up

WHAT TO DO

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• Get good POAs in place
• Keep financial records
• Track a potential snapshot date

ESTATE PLANNING

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• Gifting and other powers in POA
• Using beneficiary designations
• Testamentary SNTs
• Trusts

ESTATE RECOVERY

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• Clear recovery on self settled trusts
• Possibility of lien on real estate
• Claim in decendents estate
• Prior attempts to recover from spouses

PROTECTING LUMP SUMS

ABLE ACCOUNTS

MILLER TRUSTS

PLANNING FOR A COUPLE

PLANNING FOR A SINGLE

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