Medicaid Planning Lawyer in Cary, NC
The Medicaid application in North Carolina can be a tricky minefield for people experiencing it for the first time. Disability, income, assets – all with different standards and different ramifications on your (or your loved one’s) eligibility. And while not all assets are treated equally, how you respond to a certain eight word question can have a very significant impact on Medicaid eligibility and future medical treatment.
Exempt or Countable Asset?
The common misconception is that the primary residence of the applicant is always an exempt asset for the purposes of Medicaid eligibility, i.e., it doesn’t count against the applicant. Well, not exactly. If the Medicaid application is completed correctly, it will be an exempt asset. But if you encounter the question “Do you intend to return to your home?” and answer “No,” the house will be considered a countable asset and will count against you or your loved one. If the house is countable, it will need to be sold and the proceeds used to pay for medical care or nursing home costs before Medicaid will begin coverage.
Subjective Standard
You may be thinking, “I’ve got [any debilitating disability], there’s no way I’m going to end up returning home.” For the purposes of Medicaid eligibility, your intention to return home is a subjective standard. It doesn’t matter if you sincerely think you will return home or not. You must only intend to return home. Wishful thinking counts.
Can I Have the Nursing Home Help With the Application?
That’s not a good idea. While they may have familiarity with the application itself, nursing home employees 1) cannot give legal advise, 2) do not have a fiduciary duty to do what’s in your best interests, and 3) are incentivized to make sure you don’t get approved for Medicaid because, well, nursing homes make a lot more money when people private pay for skilled nursing care.
It’s always a better idea to meet with an experienced elder law and medicaid planning lawyer to discuss your options.
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.
Linkedin | Avvo | SuperLawyers
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.
Trusted Estate Planning
Attorney Offices in Cary and Raleigh
Capability to meet virtually to help all NC residents
