Understanding Medicaid Estate Recovery - Hurley Elder Care Law | Georgia's #1 Certified Elder Law Attorney

Understanding Medicaid Estate Recovery
April 1, 2025
POSTED IN: Medicaid Planning TAGS: Medicaid, Medicaid Estate Recovery
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Understanding Medicaid Estate Recovery: What It Means for Your Family HomeOne of the most common concerns we hear at Hurley Elder Care Law is: Will I lose my home if I apply for Medicaid? The fear often stems from confusion around Medicaid Estate Recoverya program that can affect your assets after a loved one passes away.Lets break it down simply.What Is Medicaid Estate Recovery?Medicaid Estate Recovery (MER) has been in effect in Georgia since May 3, 2006.After a Medicaid recipient passes away, the state may try to recover the costs it paid for their care from their estate, including property like a home.When Does It Apply?Recovery is pursued when:The estate is valued at $25,000 or more.The recipient was 55 or older and received nursing home care, home- and community-based services, or was enrolled in a Medicaid waiver program.The recipient was in a long-term care facility at any age with Medicaid-paid services (namely room and board).Are There Delays for Medicaid Estate Recovery?Yes.

Medicaid Estate Recovery may be delayed if the recipient has:A surviving spouseA child under 21 or one who is blind or disabled according to Social Security guidelines.Are There Exceptions that will avoid Medicaid Estate Recovery?A sibling who lived in the home and provided care before institutionalizationA child who lived in the home providing care for at least two years before institutionalization and delayed the need for careThese must be accomplished either prior to or concurrently with a Medicaid Application.What Can You Do to Protect Your Assets?Good planning makes all the difference.Suppose your loved one is applying for or already receiving Medicaid.In that case, legal strategies may be available to help protect your home and other assetsbut these must be handled carefully to avoid penalties.

It is always wise to consult a Certified Elder Law Attorney for Medicaid Planning and when property is owned.Over the past four weeks, we have dedicated our blog to explaining the basics of Nursing Home Medicaid and Medicaid Planning.Nobody expects you to know the details of this complicated process.But we wanted to show you that there are always options to protect your hard-earned income and assets.

Call our intake specialist today at 404-843-0121 with your questions and to schedule an appointment with our experienced attorneys.They are happy to create a plan tailored to your familys needs and take this burden off your mind.Please note that this blog references the most common MER issues, but is not exhaustive.
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Posted in Medicaid PlanningTags: Medicaid, Medicaid Estate Recovery

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Client TestimonialsDue to aging, escalating health and cost concerns for both my husband and myself, I chose to work with Hurley Elder Care to do care and estate planning.I am so very pleased with the result.I have a much improved understanding of the complexity of this process, the necessary documents, timing, regulations and the need for professional guidance.Gina M.It's impossible to accurately describe the lost feeling of realizing you need power of attorney, updated will and general guidance all of a sudden when dealing with a parent with dementia.

The firms responsiveness has been superb, their work flawless and their advice kind, compassionate and professional.I'll forever know that their guidance prevented us from making many bad decisions.Neal R.Hurley Elder Care Law went to work for my Mother and navigated all of the Government red tape and got her approved for Medicaid in short order.I, as her POA, could not even begin to climb the mountain of paperwork on my own.David Q.Very comfortable atmosphere.

They treat you like you are one of the family.Val B.All I can say is Wow ! I have never seen a team attack and solve a problem like Hurley.We lost our father and two weeks later our mother suffered a severe stroke.Nursing home costs were draining their life savings, but Hurley found a solution and got things under control.Gary G.Superb service through a difficult maze of governmental regulations and requirements which are not navigable by an individual without a depth of knowledge that far exceeds mine.Wallace M.
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Very approachable and ready to educate and advocate for those in need.read moreread less Kendall Harvin 3/26/2025 I would highley recommend Jennifer Ghorley and her paralegal, Kierstan Dickey, for any issue regarding senior law.They not only prepared wills for my husband and I, but also helped me through a probate court procedure after my husband's death.They were very thorough, patient and always ready to answer any question that i might have had.

Nancy Alexanderread moreread less Nancy Alexander 2/21/2025 A great institution that provides a much neglected but critical role in healthcare and beyond.Nola Hurley is an incredible face to the group and their team of attorneys are some of the most knowledgeable professionals who have thought through some life affairs that catches many off guard.I plan to use their services for family and professional referrals.read moreread less Sosena Kebede 11/11/2024 I couldnt have had a more pleasant experience when trying to navigate a situation that I wasnt prepared for.

Hurley Elder Care Law as a whole and the many people who assisted me were so kind, considerate and helpful every step of the process I was going through.I personally would like to thank Megan, Paul, Jennifer and especially Kiersten for helping me, keeping me on track and keeping me informed all the way through.I am very grateful.

Anyone is in need of a friendly and super law firm.I Highly recommended Hurley Elder Care Lawread moreread less Jim Anders 10/02/2024 I have had the privilege to work with Hurley Elder Care at a time in my life when I thought my world would crumble dealing with a difficult situation with my elderly parents.I cannot say enough nice things about the staff (specifically Kaila and Nicole).

These two kept me calm and answered all of my questions quickly.The dust has finally settled and I am beyond thankful for Mr.Hurley and his above and beyond staff!! I HIGHLY recommend this law firm for your elderly needs!!read moreread less Marci Ray 9/27/2024 Highly recommend Hurley Law.

Everyone was so helpful.Kelsie helped me through an extremely tough time with my Mom.Kelsie, Andrew and all of the staff got back to me quickly and walked me though everything.

Thank you so much!!!!read moreread less Tricia Woodward 8/15/2024 During my wife's illness and eventual passing.I can't express the professionalism and compassion I recieved from this law group.They were and are friends who I'll never forget.read moreread less Richard Nicholson 8/15/2024 The staff is very friendly and professional! The office is in a great location.

Everything was explained thoroughly.Great team of lawyers for your estate planningread moreread less denise bradley 8/07/2024 Wonderful law firm to work with.Everyone is so helpful and friendly.

They take time to answer questions and listen to your needs but are extremely efficient in delivering the documents required.Amazing experience all the way around!read moreread less David Dorsett 8/03/2024 Very knowledgeable and efficient! Smooth transaction handled professionally!read moreread less doris housley 7/17/2024 Caring professionals who have helped me feel much more secure about the future.read moreread less Jan Batson 7/16/2024 We had a great experience with Hurley Elder Law.They helped us put my parents wills, advanced directive and POA in order.

They hold informative classes helping families to navigate all the new policies, laws and resources.Highly recommend.read moreread less Lisa McIntyre 5/17/2024 We were pleased with the methodical, thorough approach Hurley used to update or wills and handle details of our estate planning.We highly recommend their services.read moreread less Don Barnett 5/17/2024 I needed to redraft my will, health care directive and power of attorney after my divorce and estrangement from a child.

Needless to say, it was an emotionally delicate process but Jennifer was incredibly sympathetic and really knows her stuff! Shes uber-professional but personable and the entire revision process took a matter of several weeks and was fairly priced.I love that the firm sends newsletters with articles that are of interest to those in the later stages of life and their loved ones who might be caring for them.Nobody enjoys thinking about their eventual demise but it must be done if you want to make it easier for those left behind.

Highly recommend!read moreread less Karen Stearns 4/10/2024 Working with Jennifer and her team at Hurley was a great experience.Communication is excellent and they were very professional and efficient throughout the entire process.Highly recommend them!read moreread less Harris Wattles 3/08/2024 Wish I could give 10 stars.

We left the meeting knowing we had received excellent advice.Advice was very clear and easy for my mother to understand.We feel so lucky to have found Hurley Elder Care Law.read moreread less Tammy Davis 2/04/2024











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