34 THE QUEENS COURIER • QUEENS BUSINESS • SEPTEMBER 14, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM
The Elder Law Minute TM
Why You Should Retain an Attorney
to Prepare Your Medicaid Application
BY RONALD A. FATOULLAH, ESQ.
AND JAMES A. E. ASQUITH, ESQ.
Many individuals are unaware that if
they require long term care, such care is
only covered by Medicare or other primary
health insurance for a short time.
For example, Medicare may cover up
to 100 days of nursing home care so
long as the patient needs skilled care.
However, if that patient requires care
beyond Medicare’s coverage limit, then
without any long term care insurance,
that patient would be responsible for the
full cost of his care. With many nursing
homes charging more than $500.00 per
day, such a cost is unaff ordable for many.
Th us, Medicaid is the only option available
to them.
As Medicaid is a means-tested benefi
t, an applicant has the burden to prove
that she is fi nancially eligible. In New
York, this requires submitting an application
with supporting documentation
to the applicant’s local department of
social services. Th e rules governing
Medicaid are complex, and quite oft en
each county’s department of social services
interprets these rules diff erently.
ELDER LAW
Th erefore, it behooves an applicant to
retain the services of an elder law attorney
to assist her with navigating the
Medicaid minefi eld.
A person is not obliged to retain a
lawyer to assist him with applying for
Medicaid. Many professionals such as
social workers can and do assist their
clients accordingly. Many people are
tempted to retain the services of a
non-lawyer because they believe it will
save them money, but only lawyers can
give legal advice.
Attorneys will not only assist their clients
by preparing their applications, they
will also advise them on options to preserve
all or a signifi cant portion of their
assets by reviewing their estate plans and
advising them on any tax implications.
Even though lawyers may charge a higher
fee, lawyers will most likely save their
clients money in the long term.
Th e following examples illustrate why
it is almost always in an applicant’s best
interest to retain the services of an experienced
elder law attorney:
• Judith had very few assets other than
her home, and she needed to apply for
Medicaid for home care. She hired a
home care agency who told her that
they would prepare her application at
no charge. What the agency failed to
do was advise Judith that when she
died, her home would pass through her
probate estate. On her death, Medicaid
fi led a claim against Judith’s estate in
order to recoup the money it had spent
on her care. Once Medicaid’s claim
was satisfi ed, there was almost nothing
left for Judith’s children. An attorney
could have advised Judith on how she
could have protected her home so that
it would pass to her children in accordance
with her wishes.
• Nancy was in her early 70’s and in
good health, but she was concerned she
would need long term care down the
road. She heard that Medicaid might
attach a lien to her home or make a
claim against her estate. Nancy decided
to transfer her home to her children
hoping that if she needed care,
the “look-back” period would have
passed and her home would be protected.
However, when her children sold
Nancy’s home aft er her death, they had
to pay capital gains tax. An attorney
could have advised Nancy as to how
she could have transferred her home
without her children incurring adverse
tax consequences.
It is almost never too late to take steps
to try to preserve your assets in the event
you need long term care. If you would
like to learn more, it is advisable to speak
to a knowledgeable elder law attorney.
Ronald A. Fatoullah, Esq. is the principal
of Ronald Fatoullah & Associates,
a law fi rm that concentrates in elder
law, estate planning, Medicaid planning,
guardianships, estate administration,
trusts, wills, and real estate.
James A. E. Asquith is an attorney
with the fi rm. Th e law fi rm can be
reached at 718-261-1700, 516-466-
4422, or toll free at 1-877-ELDER-LAW
or 1-877-ESTATES. Mr. Fatoullah is
also a partner with Advice Period, a
wealth management fi rm, and he can
be reached at 424-256-7273.
RONALD FATOULLAH
ESQ, CELA*
editorial
Employment Matters: Can I Reach My Goals?
Dear Mindy: I know that I
am supposed to set goals for
myself, but I never seem to be
able to keep them. Do you have
some tips to help me reach my
goals? Wannabe Better
Dear Wannabe: Th e most
successful people use goals
to eff ectively set targets for
themselves and the organizations
they represent. Here are
a few tips to help you achieve
your goals:
• Set short-term goals: Set very specific
short-term goals that will help you
achieve larger long-term goals. Setting
and achieving goals takes
a lot of consistent eff ort
that allows for gradual, but
steady growth.
• Write goals down:
If you don’t document your
goals, it is likely you will
forget them. Use a tool
(i.e., Outlook, your calendar,
a white board etc.) that
will help you to remember
your goals on a daily basis.
Celebrate and motivate yourself
by checking off the goals
you successfully achieve.
• Have realistic goals: If you set unrealistic
goals you will not be able to
attain them and may become demotivated.
Make sure you know what outcome
you hope to achieve and be realistic
about the amount of time you can
devote to your goals.
• Is it important to you? Make sure that
the goals you select are relevant and
important in your life. Ask yourself – “If
I achieve my goal will the end result be
worth the eff ort I need to put in?” If the
answer is “No”, then move on to the next.
• Set deadlines: Set priorities so that
you can manage your time eff ectively
and don’t be afraid to say no to
time-wasters. Once you set a deadline,
rather than changing it, adjust your
goals to be more realistic.
Many people work with coaches to help
them successfully achieve their goals.
For a FREE Action Planning Worksheet
to help you set and achieve your goals,
send your request to mstern@aimresourcegroup.
com. Or visit the website at
www.aimresourcegroup.com .
Mindy Stern, SPHR, SHRM-SCP,
ACC is a trusted HR advisor, career
coach, author, speaker and president
of AIM Resource Group Inc. Visit the
website at www.aimresourcegroup.
com to get RESULTS! Do you want
your questions answered in this column?
Send requests to: mstern@aimresourcegroup.
com.
EMPLOYMENT
MATTERS
MINDY STERN
SPHR, SHRM-SCP,