Medicaid Crisis Planning

An unexpected illness, injury, or sudden decline in health can instantly turn your life upside down, forcing a move to a nursing home or requiring costly long-term care. These situations, known as “Medicaid Crises,” can feel emotionally devastating and financially paralyzing, especially as families realize how quickly savings can be wiped out.

At Johannesmeyer & Sawyer, PLLC, we understand the stress and urgency these moments bring. Our Medicaid Crisis Planning services are designed to offer immediate, strategic legal help—so you can navigate the system, preserve as many assets as legally possible, and access the care your loved one needs.

What Is Medicaid Crisis Planning?

Medicaid Crisis Planning focuses on helping individuals who urgently need long-term care, or are already in a nursing home, but haven’t previously planned for Medicaid. The goal is to legally restructure assets and income to meet Medicaid’s strict eligibility requirements as quickly as possible, so Medicaid can help pay for care.

Even if your loved one is already in a nursing facility, it’s often not too late to protect hard-earned assets and secure benefits.

How We Can Help In a Medicaid Crisis.

In a crisis, time is critical. Our experienced attorneys respond swiftly, analyzing your unique situation and implementing powerful legal strategies that may include:

• Immediate Eligibility Assessment
  We review your income, assets, and care needs against current Medicaid rules to determine your best path forward.
• Asset Protection Strategies
  • Converting Countable Assets: Shift non-exempt assets (like cash or savings) into exempt ones—such as certain annuities, home improvements, or pre-paid funeral plans.
  • Protecting the Primary Residence: Advise you on how to safeguard the home, especially if a spouse or dependent relative lives there.
• Spousal Protections
  • Implement legal strategies to preserve a significant portion of assets and income for the spouse still living at home (known as the “community spouse”), so they are not left financially vulnerable.
• Medicaid-Compliant Annuities
  Use specialized annuities to convert excess assets into allowable income, helping to meet eligibility requirements.
• Strategic Gifting and Transfers (with caution)
  While Medicaid has a strict 5-year “look-back” rule, some limited transfers may still be allowed. We carefully evaluate and explain all options.
• Promissory Notes and Loans
  In some cases, these financial tools can be used to spend down assets in a Medicaid-compliant manner.
• Managing Excess Income
  If income exceeds Medicaid limits, we may establish a Qualified Income Trust (QIT)—also called a Miller Trust—to qualify for benefits.
• Medicaid Application Assistance
  From start to finish, we’ll guide you through the entire application process, helping ensure accuracy, timeliness, and compliance.
• Liaison with Nursing Homes and Medicaid Agencies
  We serve as your legal advocate when communicating with healthcare providers and government agencies, reducing your burden and stress.

Key Considerations In a Medicaid Crisis

• The Look-Back Period: Medicaid reviews your financial transactions over the past 5 years. Improper gifting or transfers during this time can trigger penalties or ineligibility.
• Spousal Impoverishment Protections: Federal laws protect a spouse living at home from being left destitute when their partner requires nursing home care. We help ensure these protections are fully utilized.
• Timing Matters: The sooner you reach out for legal guidance, the more strategies we can explore to help you.

Get Our Legal Team on Your Side

• Rapid Response & Experience: We act quickly with deep knowledge of Medicaid laws to protect your rights and assets.
• Asset Preservation Focus: Our top priority is to help you retain as much of your savings, income, and property as the law allows.
• Compassionate Counsel: We know this is a difficult time. Our team communicates clearly, answers your questions, and supports you every step of the way.
• Tailored Solutions: Every family is unique. We design a personalized plan for your specific needs, finances, and timing.
• Powerful Advocacy: We don’t just file paperwork—we stand by you, advocate for your interests, and ensure your voice is heard throughout the Medicaid process.

Don’t Face a Medicaid Crisis Alone

If you or a loved one is already in a nursing home—or will soon need long-term care—and you’re worried about how to pay for it, you are not out of options. It’s not too late to act. But you must act quickly.

Contact Johannesmeyer & Sawyer, PLLC today to schedule an urgent consultation. We’ll help you navigate this crisis and protect your family’s future with clarity, compassion, and legal expertise.

Call us today at (803) 797 4442 to schedule a free consultation with a member of our legal team.