Center for Women & Enterprise

Lecture at Rhode Island Center for Women & Enterprise

On May 10, 2017, Amy Stratton lectured to the budding entrepreneurs of the Rhode Island Center for Women & Enterprise about legal considerations for business owners. It was a great chance for Rhode Island business owners from diverse industries to learn about some common pitfalls relating to legal structure, contracts and business financing.

NAELA Conference

National Academy of Elder Law Attorneys

On April 27-28, 2017, Kristen Moonan and Amy Stratton attended the annual NAELA (National Academy of Elder Law Attorneys) conference in Boston, Massachusetts. They learned cutting edge planning techniques and shared planning strategies with elder law attorneys from around the country.

DVDs4Vets

DVDs4Vets

During the first three weeks of December 2016, Moonan, Stratton & Waldman, LLP assisted a local project called DVDs4Vets, which is collecting new and used DVD’s for distribution to local veterans’ homes and rehab facilities helping soldiers.

Estate Planning Basics

Estate Planning Basics

On Thursday, October 27, 2016, Kristen Moonan and Amy Stratton presented Estate Planning Basics to the residents of Capitol Ridge at Providence Assisted Living facility. The presentation gave residents a unique opportunity to ask questions about estate planning and probate without having to leave their home.

Walk to end Alzheimer's RI

Walk to End Alzheimer’s

On Sunday, September 25, 2016, Moonan, Stratton & Waldman, LLP participated in the Rhode Island Alzheimer’s Associations’ Walk to End Alzheimer’s at Roger Williams Park in Providence by sponsoring a team to raise money for this worthy cause.  It was a great success and we are looking forward to our continued active participation in the future!

Spending Down Assets to Qualify for Medicaid

Medicaid has strict asset rules that compel many applicants to “spend down” their assets before they can qualify for coverage. It is important to know what you can spend your money on without endangering Medicaid eligibility.

In order to be eligible for Medicaid, applicants must have no more than $2,000 in “countable” assets (the dollar figure may be slightly more, depending on the state). In addition, Medicaid also has strict asset transfer rules. If an applicant transfers assets for less than market value, the applicant will be ineligible for Medicaid for a period of time. Applicants for Medicaid and their spouses may protect savings by spending them on non-countable assets.

A Medicaid applicant can spend down money on anything that would benefit the applicant. Following are examples of what a Medicaid applicant may be able to spend money on:

  • Prepay funeral expenses. A prepaid or pre-need funeral contract allows you to purchase funeral goods and services before you die.
  • Pay off a mortgage, car loan, or credit card debts. You can pay off the debt fully or make partial payment.
  • Make repairs to a home. Fix the roof, make the house handicapped accessible, buy new carpet, etc.
  • Replace an old automobile. This can be useful for the healthy spouse.
  • Update your personal effects. Buy household goods or personal comfort objects. Buy a new wardrobe, electronics, or furniture.
  • Medical care and equipment. Purchase items that aren't covered by Medicare or Medicaid. See a dentist or get your eyes checked if those items aren't covered by your insurance.
  • Pay for more care at home. Make sure you get any caregiving agreements in writing, especially if family members are providing the care.
  • Buy a new home. A home can be an exempt asset, so it may be possible to purchase a new home.

In the case of married couples, it is often important that any spend-down steps be taken only after the unhealthy spouse moves to a nursing home if this would affect the amount of money the community spouse would get to keep, called the community spouse's resource allowance.

Each state has different requirements for spend down. Before making any spend down plans, consult with your elder law attorney.