Estate Planning for Farm and Ranch Families Facing Long-Term Health Care

This article focuses on specific planning options that practitioners should consider when counseling clients facing long-term health care. Both recent changes in Medicaid rules as well as significant recent case law are discussed. I. Introduction II. Medicaid Eligibility ... A. Circumstances Test ... B. Income Test ... 1. Available Income ... 2. Deeming ... 3. The Name-on-the-Check Rule ... 4. Countable Income v. Actual Income III. Estate Planning Techniques and Considerations ... 1. Exempt Assets ... 2. Asset Transfers Prior to August 10, 1993 ... 3. Asset Transfers after August 10, 1993 ... 4. Trusts Prior to August 10, 1993 ... 5. Trusts after August 10, 1993 ... 6. Income-Producing Property Used in Trade or Business ... 7. Retained Life Interests ... 8. Medicaid Retirement Planning ... 9. Minority Business Interests ... 10. Long-term Care Insurance ... 11. Medicaid Appeals Process IV. Protecting the Medicaid Beneficiary and Beneficiary\u27s Estate from Reimbursement Claims V. Conclusio