• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veterans Benefits
  • Seminars
  • Areas We Serve
    • Ballwin
    • Chesterfield
    • Clayton
    • Creve Couer
    • Des Peres
    • Edwardsville
    • Fenton
    • Glen Carbon
    • Glendale
    • Kirkwood
    • Maryland Heights
    • Oakland
    • Sappington
    • St. Louis
    • Sunset Hills
    • Valley Park
    • Webster Groves
  • Resources
    • Asset Protection Worksheet
    • Elder Law Resources
      • Chesterfield Elder Law
      • Fenton Elder Law
      • Kirkwood Elder Law
      • Sunset Hills Elder Law
      • St. Louis Elder Law
      • St. Peters Elder Law
      • Webster Groves Elder Law
    • FREE Estate Planning Seminars
    • FREE Estate Planning Worksheet
    • Frequently Asked Questions
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Trust Administration & Probate
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
    • Multimedia
    • Newsletters
    • Presentations
    • Pre Consultation Form
    • Probate Checklist
    • Probate Resources
    • Retirement Planning Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning For Niches
      • Trust Administration
  • Reviews
    • Our Reviews
    • Review Us
  • Blog
  • Contact Us

Amen, Gantner & Capriano | Your Estate Matters, L.L.C.

St. Louis Estate Planning & Elder Law Attorneys

Logo
CONNECT WITH US TODAY (314) 966-8077
ATTEND A FREE WEBINAR
Home / Elder Law / McClellan: Medicaid won’t pay bills for man whose widow had IRA

McClellan: Medicaid won’t pay bills for man whose widow had IRA

December 30, 2010

Elder Law, Estate Planning, Insurance, Retirement Planning, Social Security Tagged With: IRA, Medicaid, Pre-Paid Funerals

Upon reading the following article, I decided to write Bill McClellan. The message to Mr. McClellan appears below.

http://www.stltoday.com/news/local/columns/bill-mcclellan/article_7be7b2e2-5a78-5b4b-a56e-1141414b6b3c.html

Mr. McClellan:

I read your article entitled, “McClellan: Medicaid won’t pay bills for man whose widow had IRA”, and I wanted to pass on the following thoughts:

I am an attorney for the St. Louis County law firm, Purcell & Amen, L.L.C. We focus our practice on Estate Planning and Elder Law. A good portion of our practice these days is actually spent on helping families qualify for government benefits, such as Medicaid. Unfortunately, the story you shared is one we see many times a year.

There is no doubt in my mind that the hospital had the best interests of the family in mind when they helped her fill out the application for Medicaid. The problem with the approach is that it is not the job of that “Medicaid Specialist” to get families such as the one you described on Medicaid. Their goal, as Ms. June Fowler stated “is to assist patients who qualify to receive the help they need”. This is actually a very important distinction that she made. The patient must ALREADY QUALIFY for Medicaid, as is. This specialist will not tell you that going through this arduous application process is not a guarantee that they will be approved. In fact, they don’t give the patients any indication whether or not they will qualify. Many people in the Ward’s situation do not understand that the help they are receiving may not be much help at all.

There are more than a few law firms in the St. Louis area who specialize, as we do, in helping these families qualify for these benefits. Many of those firms, including ours, offer free consultations where we can determine whether or not we can help them. If we see an opportunity to help the family, they would become our clients. Then our duties are to that person and not to the hospital, or nursing home, or even the state. We regularly help families, such as the Ward’s, re-position their assets so that they no longer count against them, or spend-down their assets on “exempt” assets. For example, you mentioned in your article that you can’t spend the money on the funeral, because the person is not living. Instead, they could have bought a pre-paid funeral or earmarked funds for a funeral which would not count against them in the application process.

Stories like the Ward’s are why many of us in the elder law field got started doing Medicaid eligibility. Helping those families that ‘just miss’ the cut-off without any planning. I wish we had a better way to get the word out to families that opportunities exist for planning which may help them avoid disaster in a crisis. More options exist for families that plan at least 5 years ahead of a need because of the Medicaid “look-back” period, but there are still many, many options available to families like the Ward’s when the crisis arrives.

Thanks for the article. Many people do not know about programs like Medicaid (and don’t see any need to explore plans) until a crisis hits close to home.

Paul Michael Gantner
yourestatematters.com
Purcell & Amen, L.L.C.
www.yourestatematters.com
(314) 966-8077

  • Author
  • Recent Posts
Paul Gantner
Paul Gantner
I am an owner of Amen, Gantner & Capriano, Your Estate Matters, L.L.C. I have been able to bring my business and legal education and experience into a firm that has for many years provided comprehensive estate plans that meet clients’ needs and expectations.My passion has been creating and constantly pushing AGC’s mission of “Helping Families Secure their Legacies by Embracing them into the Law Firm Family through Long-term, Personal Advisory Relationships.”
Paul Gantner
Latest posts by Paul Gantner (see all)
  • Show Your Love by Creating an Estate Plan - March 21, 2023
  • What You Need to Know About SECURE Act 2.0 - March 14, 2023
  • The Lessons from Lisa Marie - March 7, 2023

Filed Under: Elder Law, Estate Planning, Insurance, Retirement Planning, Social Security Tagged With: IRA, Medicaid, Pre-Paid Funerals

Other Articles You May Find Useful

Affton elder law attorneys
What Is a Reverse Mortgage?
Amen, Gantner & Capriano | Your Estate Matters, L.L.C.
Key Social Security Retirement Facts You Should Know
Kirkwood elder law attorneys
What Should I Do after Being Diagnosed with Alzheimer’s?
St. Louis elder law attorneys
St. Louis Elder Law Attorneys — Is It Alzheimer’s or Just the Natural Aging Process?
Creve Couer elder law attorneys
Creve Couer Elder Law Attorneys Answer Top 5 Elder Law Questions
Amen, Gantner & Capriano | Your Estate Matters, L.L.C.
Missouri Medicaid and Medicare – What Is the Difference?

About Paul Gantner

I am an owner of Amen, Gantner & Capriano, Your Estate Matters, L.L.C. I have been able to bring my business and legal education and experience into a firm that has for many years provided comprehensive estate plans that meet clients’ needs and expectations. My passion has been creating and constantly pushing AGC’s mission of “Helping Families Secure their Legacies by Embracing them into the Law Firm Family through Long-term, Personal Advisory Relationships.”

Primary Sidebar

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • twitter
  • linkedin
  • youtube

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Where We Are

Amen, Gantner & Capriano
10733 Sunset Office Drive, Suite 425
St. Louis, MO 63127

See Larger MapGet directions

Office Hours

Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 5:00 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 12:00 PM

Map

map for Amen, Gantner & Capriano Your Estate Matters office
  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Footer

Connect to us

  • Facebook
  • twitter
  • linkedin
  • youtube
footer-logo

© 2023 American Academy of Estate Planning Attorneys, Inc.

Amen, Gantner & Capriano,
Your Estate Matters, LLC

Attorney Advertisement