Elder Law

We help with a wide variety of issues concerning aging persons and caregivers of aging persons, including Medicaid regulations, nursing home care, and planning for incapacity through trusts, powers of attorney, appointment of health care representatives, and living wills.

For questions concerning matters of elder law, call an experienced Ball Eggleston lawyer for personal consultation.

Frequently Asked Questions

  • What happens if I make gifts now and later need Medicaid to help pay for nursing home care?

    The rules of each state differ slightly. In Indiana, you may not gift away your property to qualify for Medicaid. Doing so will cause you to become ineligible for Medicaid nursing home assistance for a period of time that depends on the size of the gift. However, Indiana law allows you may make gifts to certain family members and approved charities without losing Medicaid eligibility if those gifts in any calendar year do not total more than $1,200.00. Also, the "look back" period for purposes of Medicaid is five years, so if you make a gift today and do not need Medicaid assistance for five years, the gift you make today will not be considered when applying for Medicaid.

  • If I need to go to a nursing home, can I just put everything in my spouse's name and then apply for Medicaid?

    Because the State of Indiana looks at total assets of a married couple, regardless of the name on the account, putting personal property in the name of the stay-at-home will not change the eligibility status of the spouse needing Medicaid assistance. However, real estate owned by a stay-at-home spouse (and not owned by the spouse needing Medicaid) is treated differently and is not considered when determining eligibility for the spouse entering a nursing home.

  • If I have to go to a nursing home, will they take away my family home?

    Neither the nursing home nor the state of Indiana "take away" your home. However, you must be able to pay for your care while you are in a nursing home. The State of Indiana will help pay for your care through the Medicaid program if you do not have resources to pay for the care yourself. (In Indiana, the amount you are allowed to keep and still qualify for Medicaid depends on whether you are married and whether your spouse is also in a nursing home.) If your nursing home stay is considered temporary or your spouse is living in the family home, then it is not considered a "resource" and you will not have to sell it to have money to pay for your care. However, if your nursing home stay is permanent and your house is not exempt for one of the several permitted exemptions (such as your spouse living there), then the value of the house is considered one resource that can be used to pay for your care.