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Elderly Waiver: Long-Term Care Planning for Assisted Living and Community-Based Services

September 11th, 2019

We’ve previously discussed planning for long-term care in a nursing home. This post will focus on planning for long-term care when assisted living or community-based services are required.

Elderly Waiver (“EW”) is a federal Medicaid waiver program that funds home and community-based services. EW is the only medical assistance program that pays for assisted living. However, what most people do not know is that EW only covers the service portion of the assisted living contract and not the room-and-board charges.

EW eligibility requirements:

Must be 65 or older
Require a nursing facility level of care as determined by a Long-Term Care Consultation
$3,000.00 or less in available assets for a single person
If married, the community spouse can retain $126,420.00 in assets, their primary residence, one vehicle, a pre-funded burial plan and personal property
Income requirements – EW has three different income limits. These limits are based on the individual’s current income and whether they are residing at home or in an assisted living facility

Applying for EW can be very complex, especially if you are planning to reside in an assisted living facility opposed to receiving in-home services.

Assisted living facility contracts are what are known as housing with services contracts. Housing with services contracts are two distinct contracts. One portion of the contract is for housing and the other is for services. EW only covers the service portion of the contract. However, room-and-board is usually a substantial portion of the cost of in living in an assisted living facility.

There is only one program that pays for room-and-board in an assisted living facility. The income limit to qualify for this program is $922.00 per month. Due to the high cost of room-and-board in assisted living facilities it is often not cost effective or financially feasible for individuals to reside in an assisted living facilities.

Further, when looking at assisted living facilities it is important to determine whether the facility accepts EW and whether they have a private pay requirement. Many assisted living facilities require a two- or three-year private pay requirement prior to accepting EW.

It is extremely important to consult with an elder law attorney prior to applying for EW or signing an assisted living contract. There are many things the facility will not tell.

Contact one of our attorneys or schedule an appointment today to discuss your long-term care planning needs.

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Jennifer Gumbel went above and beyond to help my family with our estate planning. We greatly appreciate all she did, and will be using her services in the future. We will recommend her to all of our family and friends.”

Judi Wilson was recommended to us by a very trusted friend. We could not have been more pleased with our experience (start to finish) with Judi’s expertise, comfort level and thoroughness. Would highly recommend to anyone needing expert advice, cou…”

We were referred to Jennifer Gumbel by our retired attorney. She provided excellent service in updating our estate plan. Highly recommend her to others.”

Becky is a rock star and a consummate professional!! From start to finish my real estate transaction was seamless, since Becky was always on top of things and did an excellent job of communicating things throughout the process. Even when snags came u…”

We were pleased with the service we received. Jason Wagner answered questions the we had and Tamara Scroggins reached out to us to make sure everything was in order.”

Jason did a fantastic job working on our trust and business entities. He and his firm get five stars!!”

I am very pleased with the work Cole and his team did on my real estate transaction. Cole is extremely knowledgeable and was so easy to work with. Corresponding with Tamara was a breeze also. I will definitely continue to work with them in the future…”

Cole grew up on a family farm so he understands the concerns farmers have”

We started doing estate planning with Bill Oehler in the 1980’s and have continued to work with this firm. Now we work with Jason. He continues to meet our needs just as well as Bill did. We are very pleased.”

Alyssa was very friendly and accommodating. She made it easy to understand what the trust was about.”

Becky Henry was great to work with. Her communication was awesome, even taking time for us on a Friday evening after hours. When we ran into a snag with the title company and home sale check, Becky took care of the details and again had great communi…”

We have worked with Jason for our will and health directive and my father also worked with him before his death. My dad was a hard sell and he really liked Jason and his care and concern. We have revised our will several times and Jason is always pro…”

Very satisfied with all of our business with Wagner law firm.”

The firm handled our complicated farmland sale successfully. It included a change in our partnership and a 1031 exchange as part of the process. It also involved multiple parties in 3 states working through the transactions together. Becky and Jennif…”

It was very nice to do business with the entire firm. Everyone was easy to work with and very professional.”

I just finished a real estate purchase. I honestly believe this whole transaction would not have been completed without the exceptional expertise, diligence and thoughtful consideration of Becky Henry. She is unflappable; probably because she is so k…”

My father and I worked with Alec and Becky and they were amazing! We quickly closed on our property and they helped us with the issues that arose while going thru the sale of the property. I will definitely use them again in the future.”

Jennifer went over my Will and other Directives to make sure everything was still in order and we took necessary steps to update other items. Very happy with the work she did.”

Becky Henry handled two farm real estate transactions for me during 2021. Becky was very professional, thorough, and always interested if I had any concerns or questions. I may purchase more land in 2022 and look forward to working with her again.”

We just worked with Becky Henry and Alec Osland on purchasing a property. Our experience was very positive. Our questions were answered immediately, and we were always kept in the loop. They were both very knowledgeable and reassuring, even with all…”

Our family worked with Jason Wagner and Tamara Scroggins on what turned out to be a very complicated sale of our family farm to a nonprofit conservation organization. They walked us through the process every step of the way, and personally committed…”

Becky Henry was great to work with. She was very thorough on her information and instructions and the closing process was very smooth. Everything was done in a timely manner. We would definitely work with her again in the future.”

Becky Henry did a good job handling the sale of our real estate. The sale was done very efficiently, and Becky always kept in contact as to the progress of the sale. We have worked with this law firm over the years and have been very satisfied with t…”

Alyssa Jerde was amazing helping us set up our trust and walking us thru it. She made it such an easy process. I would highly recommend her for all your estate needs.”

Our house sale was a delight to go through with Alec providing answers to our questions and concerns. The firm did an outstanding job with the details and maintained our timeline for the move. Thank you to the entire team from a satisfied customer.”

Working with Alec was so nice! He worked with us on the sale of our home and was always easy to contact…… even with a question on the weekend. It was seamless! He is personable and takes the time to explain options. We are so glad that we connect…”

We are very appreciative of the quick, professional help that we got from Becky and Cole in getting a closing done right at the end of the year. The process went smoothly even though there was just a short time to get it completed. Thanks for a good…”

Becky & Alec were extremely helpful throughout the process of selling my home. They were both patient with my questions and provided clear answers. I saved a good bit of money working with them and highly recommend them to anyone selling their home.”

Excellent legal advice. Reviewed all the legal options & consequences of our decisions. Helpful from start to finish.”

They turnaround their title work extremely quickly (faster than any attorney firm I've ever worked with in 40 plus years of banking), their fees are reasonable, and their people are absolutely "top notch" to work with.”

After moving to Minnesota from another state my husband and I needed someone to update our wills and trust and make any necessary changes to comply with both Minnesota regulations as well as our changing family situation. Jason is extremely capable a…”

The transaction went smoothly, and I felt welcome to ask questions.”

I hired Attorney Jason Wagner to assist me in resolving a claim related to an annuity I had received from a relative upon her death as well as resolving my claim as related to the validity of her will. Jason’s profile and that of his firm appea…”

I recommend Jennifer Gumbel to anyone that needs help with estate planning. Jennifer made the daunting process understandable and simple for me. Not only did she do this with kindness but it also was done in a very timely manner.”

Ward & Oehler are awesome!!”

We had them do our wills….great service!”

The best I know.”

Living overseas and selling farmland in MN was problematic, but Becky Henry made the process easy for me. Her work and advice led to a non-stressful close. Can’t thank her enough!!”

After my dad died my brother and I found out our dad had no will which left both of us clueless on where to start. We hired Jason right away and he made the whole process of going through the estate stress free. Without Jason’s knowledge of the…”

Bill is a great attorney! He’s served us/me well for many years!”

Very nice and quick service.”

Honest, professional, and down to earth.”

Becky Henry & Cole Tousignant were extremely helpful, knowledgeable, flexible and understanding throughout our entire process! We would recommend them for any of your needs!”

I recently purchased a condominium in Rochester, MN. As an out of state attorney, I knew that retaining competent counsel in Minnesota to represent me in the transaction was important. For that reason, I retained Jason Wagner and his firm. Jason did…”

They handled our Real Estate closing & did an awesome job. Becky Henry basically took care of everything for us – so smooth. Thanks!!”

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