Myths & Facts about Public Assistance with the Cost of Nursing Home Care in North Carolina

April 26, 2019

I have everything in Trust so it is protected right?


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Myth: I have a revocable living trust to which I’ve transferred all my property. If I have to go into long term care (LTC) and apply for public assistance with the cost of care, all assets held by my trust are disregarded in connection with my eligibility for assistance, and those assets are protected for the trust beneficiaries upon my death.


Fact: Assets held in a revocable trust, whether created by you as the applicant for public assistance or your spouse, are treated as still being owned by you. This is because you still control the asset held by the trust, either by way of retaining the right to revoke the trust, or by way of retaining the power to control distribution of trust assets. Certain planning strategies using irrevocable trust may avoid this result. Exceptions may apply.

- Wyles Johnson, Board Certified Elder Law Specialist


The rules applicable to Medicare and Medicaid long-term care benefits are exceedingly complex. White & Allen, P.A. is proud to offer an attorney who is a Board-Certified Specialist in Elder Law and experienced staff to navigate and advise you, your family and friends on all your Elder Law issues. Please call us at (252)-527-8000 or email aowens@whiteandallen.com. If you would like to request more information concerning rights of the elderly living in North Carolina and special programs for them, please contact us for a complimentary information booklet entitled "Senior Citizens Handbook” published by Project Grace (Young Lawyers Division and Elder & Special Needs Law Section of the North Carolina Bar Association).

 

It is never too early or too late to plan for your future.



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