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INTRODUCTION TO LONG-TERM CARE PLANNING

 

 

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Long-term care planning for an older person or couple raises a tangle of legal and emotional issues. When adult children or other younger family members are also involved, conflicts of interest between the generations may also arise.

 

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Over and above intra-family concerns, there is also the growing conflict between the family's planning goals and emerging public policy on allocating primary responsibility for the costs of long-term care. The family's goal usually is to have long-term care paid for by public funds to the maximum extent allowable. Government policy, on the other hand, is to increasingly restrict access to the publicly funded program -- Medicaid -- that pays for such care but which is consuming a larger and larger portion of federal and state budgets.

 

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Ongoing amendments to federal and state Medicaid laws make clear that the government's policy is to have public funds be used as the last resort in paying for long-term care, only after the individual's own assets have been exhausted, and only to the extent that his or her monthly income cannot fully pay for such care.

 

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Long-term care planning thus involves trying to achieve the older person’s goals within an arena of ever-changing rules. Medicaid statutes and regulations tend to be extremely complex, prone to inconsistent interpretations between the federal and state systems, and subject to continuous change. Many Pennsylvania rules are published only for the internal use of government caseworkers, and not available to the general public.

 
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Planning based on Medicaid rules thus needs to be periodically reviewed and updated as necessary to keep current with changes in the law.  Rules governing the transfer of assets have grown particularly restrictive, and projected federal and state budgetary deficits suggest that current planning opportunities in this area will be subject to further curtailment.

 

 

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DISCLAIMER

Martin J. Hagan is licensed to practice law in the Commonwealth of Pennsylvania. This website is intended solely for informational use and is not intended to solicit clients. Likewise, any information contained in or obtained from this web site is for informational purposes only and is not intended to be used as legal advice.

IRS CIRCULAR 230 DISCLAIMER:   Pursuant to Treasury guidelines, any tax advice contained in this website (or any link from it) does not constitute a formal opinion. Accordingly, any tax advice contained in this website (or any link from it) is not intended or written to be used, and cannot be used by any taxpayer, for the purpose of avoiding penalties that may be asserted by the Internal Revenue Service. You should seek advice based on your particular circumstances from an independent tax advisor.

Send mail to mhagan@haganlaw.net  with questions or comments about this web site.
Copyright © 2010  Martin J. Hagan, One Gateway Center - 8 South; Pittsburgh, PA 15222-1435
Last Updated: 03/05/10