Medicaid Planning

North Carolina Medicaid Planning Attorney

Protect your life savings while securing the care your loved one needs.

Families in Cary, NC facing the high cost of long-term care turn to Austin Vandeveer for Medicaid planning that protects assets without sacrificing quality of care. We offer services grounded in local knowledge of North Carolina rules, practical experience with long-term care cases, and a focus on results. Unlike firms that use one-size-fits-all checklists, we build plans based on your specific assets, health needs, and family goals. That means clear options you can act on and timelines you can trust.

Clients choose the Law Offices of Austin Vandeveer for a hands-on approach. We meet with your family, review financial records, and explain trade-offs in plain language. Our process is practical, not theoretical, and designed to protect what matters most while ensuring you qualify for benefits when care is needed. If you prefer step-by-step guidance through a complex system, you will find our process reassuring and focused.

Our elder law work balances the protection of assets with strict compliance to Medicaid rules, including the “look-back” review used by state agencies. That combination of asset protection and regulatory know-how helps minimize penalties and speeds access to benefits. We measure success by whether our clients obtain needed benefits while retaining a meaningful portion of their estate for their spouse or heirs.

As a local Medicaid planning attorney, Austin brings experience working with families across Wake County and coordinates with local care providers, financial advisors, and nursing facilities. That local perspective helps create plans that actually work here, with fewer surprises and clearer next steps.

Understanding the Difference Between Medicaid and Medicare

Don’t rely on the wrong program.

Medicare is a federal program that helps pay for short-term hospital care and some skilled nursing care after a hospital stay. Medicaid is a state-administered program that covers long-term care costs, including nursing home care and many home-based services, when a person meets income and asset rules. Knowing this difference is critical because Medicare will not cover extended long-term care, leaving families personally responsible for costs unless they qualify for Medicaid.

Pre-Crisis Long-Term Care and Medicaid Planning

Plan now to save more later.

Pre-crisis planning happens when you are still at home and can make deliberate financial moves. Planning options can include trusts, Medicaid-compliant annuities, and legally permitted transfers placed outside the Medicaid look-back period. A careful plan preserves assets while positioning you for eligibility when care is needed. Starting early increases the number of options available to you and significantly reduces the likelihood of a costly penalty period later.

Crisis Long-Term Care and Medicaid Planning

It is not too late to protect assets.

Crisis planning occurs when care is needed immediately, and speed is essential. Even in urgent situations, a skilled Medicaid planning attorney can use tools that reduce waiting time for benefits and coordinate applications, medical documentation, and appeals. Crisis planning requires prompt, accurate work and familiarity with state procedures to avoid delays that harm the family financially and emotionally.

Establishing a Medicaid Plan Now Can Help With Long-Term Care Later

Establishing a plan now provides options. It lets you choose who handles finances and health decisions, and it lays out steps to protect a home or legacy. With a plan in place, you gain greater control over the timing of asset transfers, eligibility timing, and the use of income-producing tools that can help pay for care while preserving estate value for heirs.

Income and Asset Requirements for Medicaid

Medicaid eligibility depends on income, countable assets, and recent transfers. North Carolina uses a five-year look-back period—60 months—to review transfers before an application date. Transfers within that period can trigger a penalty period when benefits are delayed. Common countable assets include cash, investments, and certain types of property. Some assets, such as a primary residence under certain conditions, may be treated differently for eligibility, but strict rules apply.

You Can Protect Your Assets and Still Receive Medicaid Benefits

Many families assume protecting assets means losing benefits; that is not always the case. With properly timed planning, specific assets can be shielded while you still qualify for Medicaid benefits. We utilize tools such as irrevocable trusts, certain annuities, and life care planning that align income streams with eligibility rules. Each tool has trade-offs, so we create a clear plan tailored to your circumstances to produce the best result.

Cary Medicaid Planning and Elder Law Attorneys

Austin and the team focus on elder law, Medicaid planning, and related estate planning to help families in Cary, NC navigate difficult decisions. Our goal is to help you secure funding for care without the unnecessary loss of your hard-earned assets.

FAQ

1. What is Medicaid planning, and how does it work?

   Medicaid planning is the process of arranging finances and legal documents so a person can meet Medicaid eligibility rules when long-term care is needed. It often involves timing transfers, using certain trusts or annuities, and preparing medical and financial records for the application. The plan is tailored to your assets, health status, and family goals.

2. How can Medicaid planning benefit you?

   It can reduce or prevent a penalty period, protect substantial assets for your spouse or heirs, and speed up access to benefits. Planning gives families a clearer path for paying for care and reduces financial stress during crises.

3. How do I qualify for Medicaid?

   Qualification depends on meeting state income and asset limits and on not having disqualifying transfers within the look-back period. In North Carolina, the review covers the 60 months prior to the application date. Eligibility rules are complex, and an attorney can review your records and recommend steps to qualify.

4. Can I pay for care and still qualify for Medicaid?

   Yes, in some situations you can pay privately for care and later qualify for Medicaid, but the timing of payments and transfers matters. Records will be reviewed during the Medicaid application, so accurate documentation and legal advice help avoid penalties.

5. How long does the Medicaid planning process take, and when should I involve an attorney?

   Timing varies. Pre-crisis planning should start as soon as possible, as it provides the most options. Crisis planning can be done quickly, but it requires immediate documentation and fast action. You should involve an attorney as soon as you are considering long-term care options, or when finances or health change in a way that could affect eligibility.

Offices in Cary, Pittsboro, and Chapel Hill

If you are in Cary, NC and need a Medicaid planning attorney who explains options clearly and acts decisively, contact the Law Offices of Austin Vandeveer for a consultation. Clients can access the firm through offices serving Pittsboro, Chapel Hill and Cary NC. We can review your situation, outline practical steps, and help you choose the path that fits your family.