Legal Resources

Legal Resources

Legal resources for older adults The National Academy of Elder Law Attorneys The National Academy of Elder Law Attorneys (NAELA) is a professional association of lawyers who are committed to improving the quality of legal services provided to individuals as they get older and people who have special needs. The organization provides elder law attorneys with continuing legal education opportunities and provides support to other organizations that work with people as they age. The Missouri Chapter of the National Academy of Elder Law Attorneys This is the official website of the Missouri Chapter of NAELA. Visitors can learn about the organization, recent events, and browse through their listing of elder law attorneys. ADA.gov Homepage The link above is to a government website containing information and technical assistance on the Americans with Disabilities Act (ADA). People who visit the site can read the text of the law, learn about design standards the law mandates, obtain technical assistance materials, and learn about the way the ADA is enforced. Missouri Probate Forms The website maintained by the Missouri Courts providing various forms that may be required in various probate actions. Missouri Revised Statutes Chapter 456 Missouri code regarding trusts and trustees. Missouri Bar Informational Brochure on Wills The link provides takes visitors to an informational brochure regarding wills published by the Missouri Bar. Healthcare resources for seniors The Official U.S. Government Site for Medicare The Medicare program helps millions of seniors and people with disabilities meet the costs of their medical care. This official government website provides information regarding the program and allows users to sign up for Medicare. Healthcare.gov Healthcare.gov is...
Can Beneficiary Deeds Protect from Medicaid Estate Recovery in Missouri?

Can Beneficiary Deeds Protect from Medicaid Estate Recovery in Missouri?

Medicaid is a federal program that aims to provide low-income individuals and families with basic medical care. As such, there are stringent qualification requirements for people who wish to receive benefits under the program.  Likewise, because of the extensive cost of the Medicaid program to the federal government and the states, each state is required under the federal law to recoup the costs associated with the medical care of Medicaid recipients after the  Medicaid participant passes away. According to the Department of Health and Human Services1 (HHS), in order for a state to receive reimbursements for Medicaid recipients, the state is required to pursue recovery for the costs associated nursing home or long-term institutional care, home and community-based services, prescriptions drugs and hospital care while a person is a resident of a nursing home or home or community-based services, and any other costs, at the option of the state. Despite the requirement that a state receiving Medicaid reimbursement must attempt to recover assets, each state individually defines the recovery process and rules.  Some states may collect on any asset, whether or not it was required to be administered through probate or not.  This is called “expanded recovery.”  Missouri’s rule limits recovery to those assets that pass through the probate estate of a Medicaid recipient, and some cases in Missouri do limit the recovery to this standard.  Further, typically the only asset that a Medicaid recipient will own of value at the time of their death is their home.  This is because the home is exempt from being counted against them for Medicaid eligibility purposes during the application period or...