Stay at Home- Zoom Meetings Now Available!

In light of new mandates from the government regarding COVID-19 and social distancing, our firm is implementing virtual consultations in an effort to protect our often elderly and/or immunocompromised clients. Until further notice, Zoom conferences will be our default meeting platform unless there are circumstances that require an in-person meeting. We can also accommodate other platforms such as Face Time. Zoom is an easy to use video conferencing system that works on a tablet, smart phone or computer. Our Intake Coordinator, Kim Smith, will outline in detail how your first conference with our office will be conducted via Zoom.

Rest assured that whether you are comfortable with video conferencing technology or not, our team is working hard to ensure the legal needs’ of our clients and their families are met in the safest and most efficient way possible.

Thank you for your understanding and patience in these unprecedented times.

~ Melissa Q. Leavy, Owner/Attorney, The Elder Care Law Practice, LLC

Medicaid in Missouri

There is no concise way to describe Medicaid planning. Within Medicaid (called “MO HealthNet” in Missouri), there are a variety of different programs, and each has different criteria. However, for all programs, an applicant’s countable resources must be less than $4,000.00 on the date of application. But other variables, such as transfer penalties, income rules, and rules for spousal resources, vary between programs. The rules can vary further based on whether the person is single or married. Further, a person who is on Medicaid may be on other programs, such as HUD or Food Stamps, that have a completely different set of rules, and the rules of each must be considered when implementing a Medicaid plan.

The rules for the two main Medicaid programs our clients seek, Medical Assistance (often referred to as “Spenddown Medicaid”) and nursing home Medicaid (referred to as “Vendor Medicaid”), have different eligibility requirements and transfer rules.

A plan for qualification can be tailored by a medicaid attorney for either program. Some of the variables reviewed in creating a plan are:

  • Whether the applicant has exempt assets (such as the first car, the home or an irrevocable preneed burial contract);
  • Whether resources have been transferred in the past five years, and if so, to whom and whether those gifts can be recovered;
  • Whether any assets have been sold for fair market value;
  • Whether the applicant has any other debt;
  • The assets of the client (and spouse, where applicable);
  • The income of the applicant (and spouse, where applicable);
  • The nature of the disability of the applicant;
  • The level of care the applicant needs and will likely need in the future;
  • Whether the applicant is married; and
  • Whether the applicant has a disabled child or other disabled person in their life.

This list is a starting point, and not an exhaustive list. After gathering information, an analysis of the program requirements and planning options available to the client are considered and implemented. Some of the planning options for reducing assets are simple, such as purchase of an exempt asset; others, of course, take some time to review and understand, and involve complicated estate planning.

As with VA benefits, a Medicaid plan must look at the following:

  • The impact of transfers previously made;
  • Other benefits available to the client and whether or not it is wise to plan for only Medicaid or concurrently plan for other possible benefits;
  • Tax consequences to the planning (ie., is the opportunity to obtain a government benefit outweighed by the possible taxable outcome?);
  • Whether the health of the client justifies extensive planning; and
  • Protecting the healthier spouse, where applicable, to ensure the spouse has adequate resources and income to maintain their ability to remain at home.

Types of Services Offered by a Medicaid Lawyer:

  • Long-term planning through estate planning techniques.
  • Eligibility planning, including annuity purchase coordination and spend down advice.
  • Medicaid Applications for individuals and couples.
  • Division of Assets for married couples where one spouse is living in a skilled facility.
  • Legal advice and issue resolution to maintain benefits where current Medicaid benefits are jeopardized or lost, appeals and benefit reinstatement.

Call us for an initial consultation, at (314) 932-5573, to discuss your options. An in-home consultation or consultation at a facility can be arranged at no additional cost, if necessary.

Client Testimonials

I was at a total loss as to what to do about my parents estate when my father passed away and my mother was diagnosed with dementia. Melissa was (and is) a savior for myself and my family. She is brilliant, astute on the law, thorough, and she genuinely loves her work. Hire her, you will be glad you did, I assure you. - Paul

Client Testimonials

Ms. Melissa is the real deal, she is professional, courteous and very knowledgeable. She puts her elderly clients at ease with her calm and reassuring manor. She fully understands the different family dynamics and gets the best outcome for her client. I'm very glad I hired Elder Law attorney Melissa Leavy to be my mother's attorney and advocate. Would definitely recommend her and would definitely call her again if I need to. - Lisa

Client Testimonials

Melissa has been a fabulous attorney and consult regarding various legal matters and needs from legal guardianship to creating living will/power of attorney and a trust fund for my girls as well as even a special needs trust. She is thorough, well knowledged and very reliable on finding answers to my many questions on my various legal needs and replies in a timely manner. I HIGHLY recommend her for any legal need you may have. Comparable pricing and just amazing. - Dawne

Client Testimonials

Melissa provided my family with up to date information and offered knowledge based opinions for application for VA Spousal benefits for my Mother. The VA Administration changes it's review policy annually, and Melissa has the necessary training and experience to guide her Senior Clients through the process. Her firm also updated necessary legal documents for my Mom at a reasonable fee. Our family appreciated Attorney Melissa's well informed approach. - Heddy