Medicaid Long Term Care Lawyer in Cary, NC
The timing when an individual, or their “authorized representative”, apply for Medicaid is extremely important. Applying too early or too late can result in significant unintended consequences.
Applying Too Late
Applying for Medicaid too late – assuming the individual is otherwise eligible – can result in the lost opportunity to have the government program pay for skilled nursing care for the individual, which can amount to tens of thousands of dollars depending on the length of the delay. That’s money out of your pocket – or your loved one’s pocket. Although it is possible in North Carolina to apply for retroactive benefits for up to 3 months prior to the date of application, that retroactive coverage is capped at 3 months, so the best practice is for the individual to apply as soon as they are eligible.
Applying Too Early
Applying for Medicaid too late can be even more costly. This is mainly because of the 5-year look back period (gifts made for the purpose of becoming eligible for Medicaid within 5 years prior to the application date are penalized based on the value of the gifts made – unless they are exempt transfers). Unless triggering a penalty period is part of your overall Medicaid planning strategy – which should never be undertaken on your own, there are just too many traps and opportunities for mistake – you must be extremely thorough with reviewing your past gifts and finances to eliminate surprises.
Apply When You Are Qualified
The general rule is to never apply for Medicaid until you’re absolutely sure that you or your loved one are qualified for benefits, or if you are absolutely sure that you want to start a planned penalty period immediately.
Contact an experienced Medicaid Planning Attorney to discuss your options and determine when you or your loved one should apply.
Author Bio
Paul Yokabitus
Founder & Estate Planning Lawyer
Paul Yokabitus is the founder of Cary Estate Planning, where he helps North Carolina families protect what matters most through wills, trusts, probate, and special needs planning. Known for his “planning, not paperwork” approach, Paul turns complex legal concepts into clear, practical strategies so clients feel informed and confident at every step. He has been recognized as a Business North Carolina Legal Elite attorney and a Super Lawyers Rising Star, and was named to the Triangle Business Journal’s 40 Under 40. A graduate of Campbell University School of Law, Paul lives in the Triangle with his wife, Alix, and their two sons.
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How We Help North Carolina Families
Paul and his team at Cary Estate Planning are fully committed to creating a personalized experience to develop thorough and comprehensive estate plans. They value their clients and go above and beyond to make sure that no details are missed. I would highly recommend Paul to anyone looking to create an estate plan.
I was referred to Paul by my Real Estate Attorney and I could not say enough about how exceptional the client service has been from everyone I spoke to. The communication is prompt and I feel like they really took the time to answer all my questions and set things up exactly as I wanted, but also recommended things to make it easier on my family down the line.
After attending one of Paul’s estate planning seminars, my husband and I knew we wanted Paul to assist us with our estate planning. His honest, professional approach to this necessary part of life put us at ease with the process. We will continue to recommend Paul and Cary Estate Planning.
We had a great experience working with Paul Yokabitus and the team at Cary Estate Planning to set up our Will and Estate Plan. The process was clear and easy, and in the age of COVID, our signing session was very well done, easy, and safe.
The Cary Estate Planning team will make sure that you have the information you need to be confident in your estate planning decisions. I learned so much from videos, a one-on-one in-person consultation, the website, emails, and a newsletter mailed the old fashioned way. The fee is very reasonable given the importance of estate planning. No matter the size or number of your assets, don’t procrastinate like I did!
Paul is a masterful attorney. He’s very good at taking your intentions and defining that into a durable Trust and Will. Best of all he is as simple and plain-spoken as you like. Or as fast as intellectual as you may be. It’s all about your your speed and your desired outcomes. Would strongly recommend this firm.
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Attorney Offices in Cary and Raleigh
Capability to meet virtually to help all NC residents
