Estate Planning, Probate, and Elder Law

The State of Louisiana is required by the Federal Government pursuant to OBRA 1993 to seek reimbursement from a Medicaid recipient’s estate for long-term care assistance provided by Medicaid. Assets that were exempt when applying for Medicaid (e.g. the family home) are available for estate recovery subject to certain restrictions.

Protecting Your Home From Louisiana Medicaid Estate Recovery

Your home is an exempt asset so long as you intend to return to your home after a stay in a nursing home. After your death, your home may be subject to estate recovery, but estate recovery may not occur during your spouse’s lifetime. Therefore, your home is an exempt resource for your lifetime and the lifetime of your spouse. Your home is also exempt if you have a surviving child under the age of 21 or a child who is blind or disabled as defined by the Social Security Administration. Often, the home is the sole asset in the estate of a Medicaid recipient. The State may attach a lien to the home to recover Medicaid payments as mandated by federal law. Planning options include transferring the home to a trust, to one or more children, or retaining a lifetime usufruct. The right option depends on your unique situation.

Contact John E. Sirois, Jefferson Elder Law and Medicaid Attorney, at 985-580-2520 to learn how you can help protect your home from Medicaid Liens or to set up an initial appointment.

Click here to download John’s Long-Term Care and Medicaid Planning Checklist. Read John’s book, Louisiana Retirement and Estate Planning, for more information about long-term care and Louisiana Medicaid planning.