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Losavio & DeJean, LLC – Baton Rouge’s Trusted Medicaid Planning Attorneys

Baton Rouge Medicaid Planning Lawyers

Helping Families Plan for the Future

Senior couple is writing last will

A critical aspect of an estate plan that many people overlook is planning for Medicaid. Medicaid is a government program that provides health insurance benefits to over 72 million Americans. It is an important program that can help ensure you have the care you need as you get older. Planning for Medicaid can also help you avoid exhausting all of your resources and assets on nursing home and healthcare costs. At Losavio & DeJean, LLC, The Louisiana Elder Law Firm, our experienced Medicaid attorneys in Baton Rouge can determine your eligibility and help you apply for Medicaid.

Understanding the “Medicaid Gap” and the Cost of Care

The single greatest threat to a retiree’s financial security is often the high cost of long-term care. In Louisiana, the average annual cost of a semi-private nursing home room can be over $60,000, which can quickly deplete a lifetime’s savings. Medicare provides only limited short-term skilled nursing care and does not cover long-term custodial care, creating a “Medicaid Gap” that families need to bridge. Without planning, spouses and children may be left without adequate financial support and face the difficult choice between caring for a parent and their own future. Our planning is designed to legally and ethically close this gap using all available tools to protect your family’s well-being.

  • Great experience with the entire staff. They really treat you like family and make sure all your needs have been met.

    John


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Protect Your Home from Medicaid Estate Recovery

Do not lose your home to the State of Louisiana because you had to stay in a nursing home before you passed away.

We can protect your home from estate recovery. We have developed innovative and creative strategies to protect the home from Louisiana Medicaid estate recovery.

Under 42 U.S.C. 1396p(b) and LA R.S. 46:153.4, payments for nursing facility services, home and community-based services (HCBS), and related hospital and prescription drug services made by the Louisiana Department of Health must be recovered from the estate of an individual who received these services when they were 55 years old or older. The “estate” is broadly defined and may include the home that you own, even if it is passed directly to your heirs outside of the probate process. Without proper planning, the state may place a lien on your property to force its sale in order to recoup the cost of your care after your death and the death of your spouse.

Our proactive strategies may involve the use of specific types of irrevocable trusts, life estates, or carefully structured transfers that are completed in advance of the need for care. These strategies are designed to ensure that the home is treated as a non-countable asset for eligibility purposes, while preserving your right to live there and ensuring it remains within the family for future generations.

Preserve Your Estate & Ensure Your Quality of Life

As you age, you may need long-term healthcare services. It can be difficult to talk about this, but planning for future healthcare and nursing home expenses is an important part of estate planning. Leaving it to chance is not a good idea. When a family member needs immediate nursing home care, this can lead to a crisis situation that limits your options.

Planning early, even five years or more ahead, gives you maximum flexibility and protection. Working with an elder law attorney can help you legally structure your finances so you can qualify for Medicaid and get quality care without losing all your assets.

Medicaid planning can help you prepare for:

  • Obtaining quality long-term care
  • Protecting your assets and savings
  • Protecting your home from estate recovery
  • Qualifying for VA Benefits

Our Medicaid planning attorneys in Baton Rouge can assist you with all aspects of this complicated process. We go beyond simple paperwork and analyze your entire financial situation, explaining the 60-month “look-back” rule for asset transfers and calculating allowable resource and income limits for your community spouse.

We also help you navigate through the emotional decisions that come with this planning. With over four decades of experience, we know the ins and outs of the Louisiana Medicaid application process and how to properly document financial transactions. Contact us for a free phone consultation to discuss your situation and determine the best course of action for you.

  • You guys are really Angels. Everybody was so nice. You go above and beyond for your clients. Thank You, for your help with the unique trust for me & family. We Thank You for your spectacular service.

    Margot

Do You Need A Lawyer To Get Medicaid?

Are you 65 years of age or older? Do you, or a loved one, need Medicaid coverage, nursing home placement, or long-term care? The process can seem daunting, with a maze of rules, forms, and verification requirements that can overwhelm even the most organized families. Consulting with a lawyer can provide you with peace of mind and ensure that you are receiving the maximum benefits possible while avoiding costly mistakes that could result in penalties, denied benefits, or periods of ineligibility.

Medicaid has a variety of programs, each with its own set of rules, which can be confusing. Unexplained bank withdrawals, ill-timed gifts to grandchildren, or improperly titled assets, may be considered disqualifying transfers. The application and planning process requires guidance from an elder law attorney when submitting an application for nursing home benefits, especially with regard to documentation requirements. Any errors in the application can delay approval for months. Even with a perfect application, the process can take several months. However, with the help of an elder law lawyer, you may qualify for benefits sooner, appeal if necessary, and have an expert guide through the process.

The attorneys at Losavio & DeJean, LLC have experience in a wide range of Medicaid cases and procedures, from simple applications to complex trust-based planning and crisis management. Our registered nurse on staff provides valuable insight into care requirements and facility contracts, providing an additional layer of comprehensive support. If you would like to discuss your case with us, please give us a call and we can schedule a consultation to go over the details.

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We Can Incorporate Medicaid Planning into Your Estate Plan

In addition to helping you navigate the complex rules concerning Medicaid, we can also help you determine your eligibility for other important government benefit programs, including disability insurance benefits and Supplement Security Income through the veteran’s benefits through the Department of Veterans Affairs.

We know these conversations are challenging to have. Our estate planning lawyers at Losavio & DeJean, LLC, offer every client compassionate and empathetic legal representation that considers the whole person. When you hire one of our Medicaid planning attorneys in Baton Rouge, you can be sure you are getting the experienced legal representation that puts you and your needs first.

Common Medicaid Planning FAQs

Why is Medicaid planning a critical part of my estate plan?

Medicaid planning ensures that the high cost of long-term care (like a nursing home, which can exceed $7,000/month in Louisiana) does not completely deplete your life savings. Without a plan, you may be forced to “spend down” assets to qualify, potentially leaving a spouse with inadequate resources and jeopardizing your family’s inheritance. Proactive planning legally structures your assets to protect your wealth while securing your eligibility for essential care.

What is “estate recovery,” and how can you protect my home?

Federal and state law require Louisiana Medicaid to seek reimbursement from the estate of a deceased recipient (age 55+) for nursing home and long-term care costs paid. This is “estate recovery,” and your home is often the primary target. Our attorneys use proven legal strategies, such as certain types of trusts and proper use of homestead exemptions, to help shield your home from this recovery process, allowing you to pass it to your heirs.

Do I need a lawyer to apply for Medicaid nursing home benefits?

While not legally required, an experienced elder law attorney is highly recommended. The application is complex, with strict asset and income limits. A simple mistake or unexplained financial transaction can lead to a denial or a costly penalty period. We navigate the rules, prepare the documentation correctly, and advocate for you, aiming to secure benefits as quickly as possible and avoid costly delays or disqualifications.

How far in advance should I start Medicaid planning?

The ideal time to start is well before you need care, as some key strategies have a “look-back” period. Medicaid reviews the last 5 years of your financial transactions for disqualifying transfers. Advanced planning provides the most options and protection. However, even in a crisis situation (when care is needed immediately), our attorneys can employ specific strategies to help qualify for benefits and protect remaining assets.

Can I qualify for Medicaid and also protect assets for my spouse?

Yes. Medicaid rules include protections for the “community spouse” to prevent them from becoming impoverished. Our attorneys help ensure your spouse can retain the maximum allowable resources and income (like the house, a vehicle, and a portion of savings) under the law while you qualify for the care you need. We tailor plans to provide financial security for the healthy spouse at home.

Does your firm assist with VA benefits as well?

Yes. We provide comprehensive government benefits planning. The eligibility rules for VA Pension benefits (like Aid and Attendance) differ from Medicaid. We can assess your situation, determine potential eligibility for multiple programs, and create an integrated plan that may incorporate both VA benefits and Medicaid planning to best cover the costs of your long-term care.

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