Get Answers Now to the Most Frequently Asked SC Elder Law Questions

It can be hard to get started finding the pertinent information you need to know about elder law in South Carolina. Start with us by reading the answers to the most common questions about the care, finances, and options for the elderly in the Lexington area.

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  • What are the requirements to get Medicaid for nursing home care in South Carolina?

    One of Medicaid’s many programs is its Nursing Home program. The Nursing Home program pays for long term care for persons who reside in skilled or intermediate care facilities. In order to qualify for this program, an applicant needs to meet certain financial and medical criteria. As we’ve discussed in previous blog posts, applicants must receive less that $2,163 in monthly income while having assets valued at no more than $2,000. If you would like to check out that post, you can do so by clicking here.

    Aside from the financial qualifications, applicants must also be unable to perform two out of five activities of daily living (ADLs), which include  feeding oneself, dressing oneself, bathing oneself, being able to use the bathroom by oneself (incontinence), and freely moving about without help (ambulation).

    Medicaid is a program administered jointly by the state and federal government. This means that while the laws are similar, the requirements vary slightly from state to state. However, an applicant must be a U.S. Citizen residing in South Carolina in order to qualify for South Carolina’s Medicaid Program. You will also often be asked to provide a significant number of financial records for the five years leading up to the application. Typically, this means an Applicant will have to provide bank statements, tax returns, account statements from other financial institutions, and any relevant deeds, just to name a few. Lastly, all applicants applying for nursing-home coverage must be over the age of 65.

    Applying for Medicaid is a time consuming process that requires strict adherence to Medicaid’s application guidelines. Although not everyone is able to qualify for Medicaid, we’ve been able to help many clients who believed they would not qualify for Medicaid obtain coverage.

    To see if you or a loved one might qualify for Medicaid coverage in South Carolina, call us today to set-up a free consultation or fill out the box to your right.

  • What is Medicaid and can it pay for nursing home care?

    Medicaid is a program designed to help people of limited assets and income receive essential health care services. The program uses a combination of Federal and State and state laws to determine who is eligible for Medicaid coverage.

    A common question clients have for us is whether or not Medicaid can be used to pay for nursing home care. The short answer to this question is “yes.” However, the process of becoming eligible for Medicaid is much more complicated than a simple “yes or no” answer. Those who apply for Medicaid are subject to strict asset and income limitations. For example, in South Carolina the monthly income limit for 2014 is $2,163 per month and an applicant’s assets cannot exceed $2000 in value. However, Medicaid allows for applicants who exceed the asset limitations to spend money on qualified expenses, exempt certain assets, and set up qualifying income trusts in order to meet the monthly income limits. All of this can be a confusing process, which is why many people end up hiring an attorney to help them navigate this process.

    Another question clients often ask is whether the cost of a nursing home is covered by Medicare. Medicare is a Federal health insurance plan that covers citizens 65 and older, but only up to a certain amount for nursing homes. For example, Medicare may pay for up to 100 days in a skilled nursing facility in some situations. But what happens when that coverage has ended and your loved one still needs care? That is when Medicaid often takes over for people who qualify.

    If you or a loved one are considering applying for Medicaid to help pay for nursing home coverage and have additional questions about the process or want to try to preserve some of your assets while qualifying, either fill out the form on the right or give us a call at (803) 358-7214.