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Medicaid Liens Must be Satisfied
There has been much confusion among the general public recently as to whether or not Medicaid or Medi-Cal (the California version of the federal Medicaid program) can place liens against a beneficiary's property of anyone before his death. Usually, a Medicaid or Medi-Cal lien cannot be imposed upon the property of anyone before his death, however, this does not mean that one is forever safe from a Medicaid lien even if destitute at the time of death! This is because both federal and state laws provide for the recovery of money or assets against the estates of deceased Medicaid or Medi-Cal recipients, no matter what their financial picture is at time of death. Trusts-Joint tenancy and other conventional tools used to transfer property are virtually helpless to protect from a Medi-Cal lien. The money recovered is then put back into the Medicaid system, which in turn, ensures funding of the Medicaid system itself.
The lesson here is that Medicaid and Medi-Cal have the right to place claims against a recipient's property and these claims must be satisfied, unless, of course, the property is protected in a way that Medicaid or Medi-Cal cannot make a claim against it. There are ways to protect one's property from a future claim, and it's vitally important that a professional knowledgeable about Medicaid or Medi-Cal be consulted for the protection of property before the death of the recipients, and not afterwards, when it may be too late to do anything! The rules regarding Medicaid liens are overwhelming and constantly changing. NHS has over 26 years experience in the areas of Medicaid and Medi-Cal. If you have any questions or need more information on the protection of assets, please give us a call!
Ask the Expert
Dear Expert:
My mother has been in skilled care for five years. She is 89 and has dementia. She sold her home and still has about $100,000 in a money market account. We have been paying privately for her care all this time... We have a Durable Power of Attorney. Can something be done at this late date, to save some of her hard earned assets?
— Confused in Covina
Dear Confused in Covina:
It is never too late to help anyone, especially if you have tools in place.
Call us and let us save your mother's assets for her benefit.
Call us for assistance - (800) 773-6467.
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