If you have recently applied for Arizona Medicaid, and were denied ALTCS eligibility, you do not have to take the denial at face value. In other words, there is always a possibility that you either qualify already, or that you are very close to qualifying for ALTCS Medicaid. Stories abound about ALTCS eligibility workers who make errors in determining eligibility, so your recent denial may in fact be an error. Further, it is not the job of an ALTCS eligibility worker to tell you how to engage in ALTCS planning, so you may be much closer to Arizona Medicaid eligibility
Arizona Senior Law Blog
Examine an ALTCS denial closely
30 September 2011 by twhite | ALTCS, Senior News | No CommentsPassing the Arizona Medicaid PAS
7 September 2011 by twhite | ALTCS, Right to the Point | No CommentsALTCS Blog 13 Qualifying for ALTCS, the branch of Arizona Medicaid that provides long-term healthcare coverage, can be a difficult task, particularly if you have to arrange your finances to prepare for the application. If you have to engage in ALTCS planning to bring your assets or income below the allowable threshold, for instance, it can take months or even years to prepare yourself for ALTCS Medicaid. Wouldn’t it be disappointing if after this ALTCS planning, you still did not qualify for ALTCS Medicaid because you did not meet the medical requirements? As important as the ALTCS medical requirements
Dispelling an ALTCS planning myth
22 August 2011 by twhite | ALTCS | No CommentsAs you may know, Arizona Medicaid eligibility requirements are such that you cannot qualify for ALTCS Medicaid if you have more than $2,000 of resources or if your monthly income exceeds $2,022. What you might not know, however, is that these rules are by no means absolute, particularly when it comes to the income requirement. In fact, it might well be that some simple ALTCS planning could help you qualify for Arizona Medicaid even if your monthly income is substantially greater than $2,022. An income only trust is a great planning tool for those trying to obtain Arizona Medicaid eligibility,
True or False: AHCCCS No Longer Covers Medicare Part B Premiums
19 August 2011 by admin | ALTCS, Medicare, Right to the Point | Comments offUpdate on Medicare Part B Premiums You may have heard that as of October 1, 2011, AHCCCS will no longer cover Medicare Part B Premiums for certain ALTCS members. Once this goes into effect, approximately 10,000 ALTCS members will be affected. It is important to anticipate the fact that these members will receive a notice at the end of September advising them that AHCCCS will no longer pay for their Medicare Part B premiums. As you can see, this notification letter will raise some questions and concerns for your patients and/or residents. If the recipient is eligible for another AHCCCS
A probate attorney can help with trust administration
17 August 2011 by twhite | Probate, Special Needs Trusts | Comments offThere seems to be a lot of talk about the ways in which people can minimize probate, if not avoid it altogether. Perhaps most commonly, people use a revocable living trust to accomplish this goal. Without diminishing the usefulness of revocable living trusts, people considering such an option should know that trust administration requires attention to detail and a basic comprehension of the legalities surrounding the process. Just like with AZ probate, many trustees ultimately require an AZ probate lawyer to help them administer even a simple trust. First of all, trustees must decipher the trust document and become familiar
Laying the groundwork with power of attorneys
12 August 2011 by twhite | Powers of Attorney | No CommentsMany times those caring for elderly parents in AZ have high hopes of helping their mom or dad apply for Arizona Medicaid. More often than not, these adult children are concerned that their parent will be unable to obtain the care he or she needs without qualifying for ALTCS Medicaid. But problems sometimes arise when their mom or dad has already lost capacity to handle his or her affairs personally. Regardless of good intentions, children cannot handle their parent’s affairs unless they have a valid power of attorney. A power of attorney is a very simple, but very important, document
Personal representatives must avoid conflicts of interest
8 August 2011 by twhite | Probate | Comments offUnder the Arizona Probate Code, personal representatives have a fiduciary duty to act in the best interest of the estate to which they are appointed to oversee. This fiduciary duty prohibits personal representatives from advancing their own interests. Many times, however, personal representatives are also situated to inherit a portion of the decedent’s estate. Because these situations are inherently susceptible to conflicts of interest, the Arizona Probate Code provides specific instructions on how to approach them. Under the Arizona Probate Code, the following situations may give rise to a conflict of interest: Conflicts of interest include any sale or encumbrance
Advance planning with a guardianship attorney
3 August 2011 by admin | Guardianships/Conservatorships | No CommentsMuch of our discussion on the blog is about the usefulness of AZ guardianships and AZ conservatorships. And while it is absolutely true that guardians and conservators are sometimes necessary to protect the interests of those who have lost capacity to care for themselves, other legal strategies can be even more useful in certain situations. More specifically, when people make advance preparations, it is quite possible for them to establish a plan so that it never becomes necessary for their loved ones to establish an AZ guardianship or AZ conservatorship on their behalf. When we talk about advance preparations, one
Spend down refresher
31 July 2011 by twhite | ALTCS, Right to the Point | No CommentsAlthough you must meet strict resource requirements to qualify for Arizona Medicaid, an ALTCS attorney might be able to help. If you are single, this means that you can have no more than $2,000 in countable assets. If you are married and applying for Arizona Medicaid with your spouse you can have no more than $3,000 in countable assets. And, if you are married, but applying for Arizona Medicaid alone, then specific rules apply, under which your spouse is allowed to keep at least a portion of the marital assets. If your assets exceed the resource limit then you might
When Arizona Medicaid will not enforce a TEFRA lien
23 July 2011 by twhite | ALTCS | No CommentsWe recently discussed how Arizona Medicaid can place a TEFRA lien on the homes of ALTCS Medicaid applicants. While we mentioned that Arizona Medicaid would not place a TEFRA lien on a home in which an ALTCS member currently lives, we did not discuss the other instances in which Arizona Medicaid will not enforce a TEFRA lien. In the interest of maintaining good public policy, Arizona Medicaid will not enforce a TEFRA lien if certain individuals live in the home: If a sibling resides in the home, and that sibling was living in the home for at least a year
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