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FAQs for Estate Planning, Elder Law, and Asset Protection

Do you have questions about asset protection, estate planning or elder law?

These FAQ’s with answers to estate planning and asset protection questions from Victoria Collier, Atlanta asset protection and elder law attorney, should help clear up many of those questions. The FAQ’s should also provide helpful information for those who have questions about how to best protect assets and set up a plan for estate management in the elderly years.

Asset Protection Law

If you or a loved one lives in a nursing home, it would be beneficial to apply for Medicaid to help offset the monthly cost. When single and eligible for Medicaid, the maximum a person must pay for care is their own income minus a $50 personal needs allowance and any amount paid toward supplement health care premiums. When married, the Medicaid recipient may also shelter some of his or her income to provide for their spouse at home. The state pays the rest of the bill, to include all medication expenses. A consultation with a qualified Medicaid attorney can show you exactly what your monthly payment would be, if any, to a nursing home when you qualify for Medicaid.

Yes. Georgia has implemented Estate Recovery, which means that if the person who is receiving Medicaid has an estate worth more than $25,000, then the state of Georgia can and will put a lien on the property when the Medicaid person dies. The purpose is to recover up to the amount of what Georgia paid on behalf of the person’s health care. Usually the house is the asset in the estate with the most value. There are ways to minimize or avoid estate recovery all together. Consulting with a qualified Medicaid attorney can help you understand what your rights are and whether you can avoid estate recovery.

Elder Law

What is Elder Law?

Elder Law

Do I Need a Will? What are veteran’s benefits? 20 Will Medicare pay for a stay at a nursing home? 32

Estate Planning Law