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queens business
The Elder Law Minute TM
Protecting One’s Home When Applying for Medicaid
BY RONALD A. FATOULLAH, ESQ.
AND JOSEPH BRENINGSTALL
One of the more common misconceptions
regarding Medicaid eligibility
is that in order to qualify for Medicaid
long term care benefi ts, applicants must
sell their homes and spend down their
assets until they are below the asset limit
of $15,150 for a single person or $22,000
for a married couple, where both spouses
are applying. Th is misconception
strikes fear in the hearts of applicants
and their family members for several
reasons. Firstly, for many applicants
the equity that they have built in their
home is their most signifi cant asset,
and they have a diffi cult time coming to
terms with the fact that they may lose
this. Secondly, many applicants have
other family members who live in the
home with them, and they or the family
members residing with them are afraid
of being displaced. Th is specifi c fear has
led to several recent cases of grave elder
abuse wherein family members living
with seniors prevented them from getting
the care they required out of fear of
losing their residence.
Th is article seeks to put these misconceptions
to rest, and suggests a variety
ELDER LAW
of solutions that would allow seniors
and their family members to plan for
their care without fear of losing their
home.
Th e Federal Medicaid guidelines state
that as long as a nursing home resident
intends to return home, the home
will never be considered a countable
asset for Medicaid eligibility purposes.
On a federal level, and according to
most state guidelines, it is enough that
the resident has a subjective intent to
return home no matter how slim the
chance of that actually happening may
be. Some states, however, require that
there be at least an objective possibility
of the resident returning home in order
for the home to be exempt. Although
some states may place a lien on a home
even if a statement of intent to return
has been fi led, the lien will be removed
if the resident ultimately returns home.
In any case, a lien will only prevent the
applicant’s estate from selling the home
without Medicaid recovering the funds
expended for the applicants care; it will
not displace other family members who
are currently residing in the home as
long as the resident is still living.
Th ere are, however, many other
options available to a homeowner who
is applying for Medicaid other than a
statement of intent to return. Transfers
to a spouse, a child under the age of
21, and a child who is certifi ed blind
or permanently disabled, and transfers
into a trust for the sole benefi t of a
disabled individual under age 65 (this
can even include the applicants themselves
in certain circumstances) will be
considered exempt transfers and will
not be subject to the traditional fi veyear
lookback rule. Additionally, transfers
to a sibling who has resided in the
home for more than one year and is
contributing to the equity, maintenance
or upkeep of the home are exempt as
well. Finally, transfers to a “caretaker
child,” meaning a child of the applicant
who has lived in the house for at least
two years prior to the applicant’s entering
the long term care facility, and who
during that period provided care that
allowed the applicant to avoid entering
the facility, are also exempt. Th ese
exemptions will oft en apply in the situation
described above, and may prevent
the home from being included as a
countable asset.
Th e foregoing options are best applied
in emergency situations when there has
not been time for advance planning;
however, it is a wise idea for seniors to
consult with an elder law practitioner
to explore the many ways in which
they can act preemptively to protect
their assets while remaining eligible for
Medicaid.
Ronald A. Fatoullah, Esq. is the founder
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.
Joseph Breningstall is a law clerk 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 that provides a continuum
of fi nancial and investment
advice for individuals and businesses,
and he can be reached at 424-256-7273.
RONALD FATOULLAH
ESQ, CELA*
editorial
Employment Matters Five Ways
to Motivate Your Team
Dear Mindy: Is it possible
to keep my team motivated
and happy without pay raises?
I am looking for some
suggestions or ideas that I
can implement quickly.
Dear Looking: Th ere are
many ways to keep your
employees happy and motivated
without raising their
pay. Great leaders know
and care about the people on
their teams. Start by asking
your team members what is
important to them and how
each person would like to be
recognized. Th en use some of the suggestions
below:
1. Recognize Your Team’s
Achievements: When your employees
accomplish their goals or go above and
beyond their job descriptions take the
time to show that you appreciate them.
Write an email or a personal thank
you note for their accomplishments.
Take the time
to learn what is important to
each team member and customize
a small gift for them.
For the employee with the
sweet tooth, perhaps some
chocolate; for the voracious
reader perhaps a gift card
to a local book store; for the
sports fan perhaps tickets to
a sporting event.
2. Coach Your Employees:
Employees appreciate knowing
where they stand with
their managers. When you
provide ongoing feedback
about your team’s performance it will
motivate them to continue to grow in
their jobs. Look for opportunities to recognize
team members that have done a
good job and then provide the leadership
that will motivate them to accomplish
additional goals.
3. Encourage Ongoing Self-
Development: Each employee should
have a learning development plan that
is customized for their specifi c goals.
Encourage your employees to learn new
skills by attending training sessions.
Motivate them to get professional certifi
cations that will be helpful for their job.
Look for learning opportunities such
as shadowing or mentoring that would
enhance your team’s performance. Set
team goals for learning and when the
team achieves their goal reward them
with a special lunch or breakfast.
4. Communicate Oft en and Clearly:
It is important to be transparent when
communicating with your employees.
Weekly team meetings are a very eff ective
way to build trust and keep the
lines of communication open. Topics
for each meeting may vary and many
managers like to rotate the leadership
role to team members to encourage different
points of view. Create time to listen
to your employees’ concerns and do
your best to solve them. Keep an open
channel of communication and get their
feedback when necessary.
5. Add Perks: Employees appreciate
the little things that make their lives
better. Explore local vendors who may
want to provide services to your organization
at no or low cost. Some suggestions
are chair yoga classes; blood
pressure screenings; lunchtime walking
clubs; chair massage treatments; lunch
and learns sponsored by a local restaurant
or grocery store; remote dry-cleaning
services; casual dress Fridays; ice
cream Tuesdays; etc. Th ese types of
events help employees build a community
of shared experiences as well as create
a positive work environment.
Mindy Stern, SPHR, SHRM-SCP,
ACC is a trusted HR advisor, leadership
coach, author, speaker and president of
AIM Resource Group Inc. Visit the website
at www.aimresourcegroup.com or
call 718-217-1074 if you would like to
get more leadership tips.
EMPLOYMENT
MATTERS
MINDY STERN
SPHR, SHRM-SCP,
/www.aimresourcegroup.com
