Medicaid and Veterans Benefits Seminar at 6 PM tomorrow night at my office for any that are interested.  The address is 2701 W. Main Street, Jefferson City, MO.  If you have questions about the seminar or anything else, please feel free to contact my office at (573) 635-3436.

Upcoming Seminars for May 2012

Upcoming Seminars

6:00-7:00PM)

May 10, 2012 at Knights of Columbus, Taos, MO (6:00 PM-7:00 PM)

May 17, 2012 at Millard Family Chapels Annex, 2701 W. Main Street, Jefferson City, MO (

May 29, 2012 at Heisinger Bluffs (Media Room), 1002 W. Main Street, Jefferson City, MO (6:00-7:00PM)

May 31, 2012 at Millard Family Chapels, 919 E. Main Street, Linn, MO (6:00-7:00PM)

Missouri Estate Recovery Claim Fails

A Missouri court of appeals rules that in a state's claim for recovery of Medicaid benefits against an estate, computerized records showing checks were issued to the Medicaid recipient's health care providers is insufficient evidence that payment was made to the providers, so the claim must fail. Estate of Nelson v. Missouri Dept. of Social Services (Mo. Ct. App., W. Div., No. WD73957, March 20, 2012).

When Katherine Nelson died, the state filed a claim against her estate for reimbursement of Medicaid benefits paid on her behalf. As proof of the claim, the state provided computer records of expenditures made for Ms. Nelson's care.

The trial court denied the claim, ruling that the state did not present evidence that checks it issued to Ms. Nelson's health care providers were in fact presented and paid. The state appealed, arguing that it need only provide proof that a check was sent.

The Missouri Court of Appeals, Western Division, affirms, holding that the state's evidence is insufficient because it does not establish that the checks it issued in payment of Ms. Nelson's health care services were either presented or honored. According to the court, computerized records providing the date a check was issued are not sufficient evidence of payment.

For the full text of this decision in PDF, go to: http://www.courts.mo.gov/file.jsp?id=53156.

Medicaid-Compliant Annuities

If anyone has any questions on "Medicaid-Compliant" Annuities, please feel free to call my office.  In my opinion, these annuities are an outstanding vehicle for asset protection, especially for a married couple. However, there is a lot of misinformation about what can and cannot be done with these annuities and how they work within the framework of an application for Medicaid vendor nursing care benefits with the Missouri Family Support Division.

Please understand that while a financial advisor may understand the product itself, he or she does not understand how the annuity works within the context of an application for Medicaid benefits.  Consequently, it is very important to discuss these products with an elder law attorney that is familiar with the Missouri Medicaid system and with how it treats these products.

Upcoming Seminars: March and April

March 20, 2012
12:00-1:30 PM
Lunch and Learn Basics of Medicaid and Veteran's Aid in Attendance Eligibility

Millard Family Chapel
540 South Summit Drive
Holts Summit, MO
RSVP: Mark (573) 680-7880

March 29, 20126:00-8:00 PM
Estate Planning and Medicaid Eligibility

Crestview Home
1313 South 25th Street
Bethany, MO
RSVP: Sherry (660)425-3128

 

March 22, 2012

6:00 pm - 8:00 PM
Estate Planning and Medicaid Eligibility

Frene Valley Health Center
1800 Wein
Hermann, MO
RSVP: Jenny (573) 486-3155

 

April 24, 2012

12:15-1:00 PM
Basics of Medicaid Eligibility

Senior Center @ the Mall
3600 Country Club Drive
Jefferson City, MO

 

April 26, 2012

12:15-1:00 PM
Basics of Veteran's Aid in Attendance Eligibility

Clarke Senior Center
1310 Linden Drive
Jefferson City, MO

IRA vs. Long-Term Care Asset Protection

This is something that I run  into a lot as well.  In order to protect the cash value of an IRA for long-term care planning purposes, it must be cashed out and a tax will have to be paid on that withdrawal.  However, for most clients, the cost of long-term care will be far greater than any tax consequences of cashing out an IRA.  And keep in mind, the tax will have to be paid on that IRA at some point in the future.

http://protectingseniorsnews.com/2011/10/03/dont-let-your-ira-keep-you-from-protecting-your-life-savings-against-long-term-care-costs/

November Veteran's Benefits Seminar!

Veteran's Benefits Seminar
November 17, 2011
6:00 PM
Heisinger Bluffs
1002 West Main Street  Jefferson City, MO 65109
Jefferson City, MO 65109
(573) 636-6288