Elder Law means focusing on legal matters predominantly affecting older adults and people with disabilities. This practice area is wide-ranging, addressing a myriad of legal, financial, and health-related issues that become more prevalent or unique as people age. Elder Law encompasses healthcare and long-term care planning, guardianship, retirement, Social Security, Medicare/Medicaid eligibility, estate planning, financial planning, and elder abuse, among other concerns. An attorney in this field serves as advocates for the elderly and their families, offering guidance through the complex web of healthcare regulations, public benefits, and estate and financial planning. They help with preparing advance health care directives, managing and securing property and financial assets, navigating government services and funding, and representing clients in legal matters such as guardianship appointments and disputes related to the rights of older persons. These include estate planning, Medicaid planning, and guardianship cases. They provide tailored advice to meet the unique needs of aging individuals, ensuring their clients’ rights and dignity are protected in various stages of later life. The role of an Elder Law attorney is critical in helping aging adults and their families prepare for and address the legal challenges associated with aging, including planning for incapacity and end-of-life care decisions.
This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. State Residency for Adoption Assistance and Foster Care People who receive adoption assistance or are in foster care have special rules for determining their state of residency. Adoption…
This article is a section taken from Minnesota Health Care Programs (MHCP), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. State Residency Minnesota Health Care Programs (MHCP) are only available to Minnesota residents. People Age 21 or Older People age 21 or older are a Minnesota resident if…
Non-Financial Eligibility This subsection includes MinnesotaCare non-financial eligibility policies and links to policies that apply to all Minnesota Health Care Programs (MHCP). This covers eligibility requirements not related to a person’s income or assets. MinnesotaCare Citizenship and Lawful Presence MinnesotaCare Incarceration Status MinnesotaCare Insurance Barriers MHCP State Residency MinnesotaCare Social Security Number CREDIT: The content…
This article is a section taken from MinnesotaCare Non-Financial Eligibility a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Insurance Barriers Other Health Coverage Other health coverage may be a barrier to MinnesotaCare eligibility. Access to some types of health coverage is always a barrier, even if the person is…
This article is a section taken from MinnesotaCare Non-Financial Eligibility a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Social Security Number The Department of Human Services (DHS) uses Social Security numbers (SSNs) to identify applicants and enrollees and to administer MinnesotaCare. DHS matches SSNs against records in electronic data…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Transfer Penalty The transfer penalty for uncompensated transfers is a period of ineligibility for Medical Assistance for Long-Term Care Services (MA-LTC). The transfer penalty only applies to people…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Transfer Penalty Exceptions and Hardship Waiver Not all uncompensated transfers result in a transfer penalty. Some uncompensated transfers meet an exception, which means a penalty is not imposed….
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Long-Term Care Partnership Insurance The Long Term Care Partnership (LTCP) insurance enables people who buy certain qualified Long-Term Care (LTC) insurance policies to keep more assets if…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Long-Term Care Facility Services A long-term care facility (LTCF) is a place such as a skilled nursing facility, Intermediate Care Facility for the Developmentally Disabled (ICF/DD) or…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Income Calculations for Long-Term Care Services Income Calculations There are two income calculations used to determine what amount, if any, a person must contribute from their income…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Income Calculation Deductions Certain deductions from countable gross income are allowed in the long-term care (LTC) income calculation to determine the amount a person is required to…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Income Limit To be eligible for Medical Assistance for Families with Children and Adults (MA-FCA) a person’s income must be less than or equal to…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Other Asset Transfer Considerations This section describes if a person has received adequate compensation for transfers involving the following types of assets: Annuities Coverdell Education Savings Account Life…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Asset Eligibility for a Long-Term Care Spouse An asset assessment is required to determine asset eligibility when one spouse, referred to as a long-term care (LTC) spouse, requests…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Community Spouse Asset Allowance At the time of a request for Medical Assistance for Long-Term Case Services (MA-LTC), the LTC spouse who has a community spouse must…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Asset Assessment for Planning Purposes An asset assessment is an evaluation of assets owned individually or jointly by a married couple as of a specific date. The couple…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Naming DHS a Preferred Remainder Beneficiary When a person requests MA for Long-Term Care Services (MA-LTC), the person and his or her spouse must name Minnesota Department of…
This article is a section taken from MA for Long-Term Care Services (MA-LTC) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Annuity Disclosures People must disclose if they own an annuity or have the right to receive income from an annuity. A person who requests Medical Assistance for Long-Term…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Income Methodology Income eligibility for Medical Assistance for Families with Children and Adults (MA-FCA) is based on current income and adjustments using the Modified Adjusted…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Income Verification All countable income must be verified for Medical Assistance for Families with Children and Adults (MA-FCA). The applicant or enrollee must attest to…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Health Care Delivery Health care services are provided by the Prepaid Medical Assistance Program (PMAP) for Medical Assistance for Families with Children and Adults (MA-FCA)…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Transitional Medical Assistance and Transition Year Medical Assistance Some Medical Assistance for Families with Children and Adults (MA-FCA) enrollees may extend their MA coverage under…
This article is a section taken from MA for Families with Children and Adults (MA-FCA), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Renewals Enrollees in Medical Assistance for Families with Children and Adults (MA-FCA) must have eligibility renewed every 12 months. Renewing eligibility means redetermining eligibility. Annual…
This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Health Expense Accounts Various programs give people tax advantages to offset health care costs:…
This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Health Flexible Spending Arrangements Health flexible spending arrangements (FSA), also known as flexible spending…
This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Health Savings Accounts A Health Savings Account (HSA) is a tax-exempt trust or custodial…
This article is a section taken from Medical Assistance (MA) a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. Refugee Medical Assistance Refugee MA (RMA) provides health care coverage for the first eight months, for certain newly arrived refugees who are not otherwise eligible for MA. Because the income limits…
This article is a section taken from MinnesotaCare Financial Eligibility a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MinnesotaCare Income Limit Minnesota Health Care Programs (MHCP) considers income in determining eligibility. Income limits and calculations vary by program. Income limits are based on federal poverty guidelines issued by the…
This article is a section taken from MinnesotaCare Financial Eligibility a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MinnesotaCare Income Methodology Income eligibility for MinnesotaCare is based on projected annual income (PAI). PAI is the Modified Adjusted Gross Income (MAGI) that a person expects to have for a calendar…
This article is a section taken from MinnesotaCare Financial Eligibility a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual. MinnesotaCare Income Verification MinnesotaCare requires verification of a person’s Projected Annual Income (PAI). PAI must be verified through an available electronic data source or by paper proof if electronic data…
