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 Title 19 divestment

What is Title 19 divestment?

What is Title 19? Tile 19 (also called Medicaid) is a program administered by the states, funded with state and federal dollars that pays the medical bills for some disabled people and for medically-needy elderly persons in nursing homes who meet various financial and asset requirements. At the Hanson Law office, we specialize in advice regarding the management of assets for those planning to be or already in a nursing home.

How much in assets can someone have and still qualify for Title 19?

A married couple can retain non-exempt assets of between $52,000 and $86,120 - depending on their assets at the time one of them enters a nursing home - and still qualify for Title 19 payment of nursing home expenses. A single person can only retain $2,000 of non-exempt assets in his or her name.

What is the "look-back" period?

At the time of an application for Title 19, the intake worker will review check registers and, often, bank statements for evidence of gifting or other transfers of assets without reasonable compensation in return. The look-back period is three years under most circumstances; five years if the gift or transfer is made from or to a trust. This does not mean that every gift or transfer of assets within the look-back period results in ineligibility for the applicant. The Title 19 program calculates a possible period of ineligibility based on the value of the gift or transfer, the average cost of nursing home care at the time of the application and the time at which the gift or transfer was made. If a person is in a nursing home or considering a nursing home placement in the foreseeable future, they should not give any significant gifts or transfer any assets without the advice of an experienced attorney.

Do elderly people have to spend all of their assets on paying privately for the nursing home before they can qualify for Title 19 assistance?

NO. In most circumstances, there is something you can do, either in terms of spending or gifting (or both), to preserve the assets of an elderly person in a nursing home. You should only do so after expert advice from a law firm experienced this kind of advice. The Hanson Law Office has provided Title 19 asset management of vice for many families in the Milwaukee Metropolitan area. Please call 414-321-9733 for a free consultation.

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