Gifts to Trusts as a way to Protect against Long Term Care Costs

Today’s blog post continues the series about giving money away as a method to plan ahead for protection against long term care costs.  My post of September 19, 2014, the first installment of the discussion on gifting, described how the Medicaid “Aged, Blind and Disabled” program and the Department of Veterans Affairs “Pension” (aka VA “Aid and Attendance”) program look at assets given away.

The current series on gifting is part of a more comprehensive series on possible ways to plan ahead to protect against long term care costs.  Previously, my blog discussed long term care insurance as an approach to planning ahead for long term care costs.  In the long term care portion of this discussion, my post of May 22, 2014 discussed whether to buy long term care insurance at all.  My post of May 29, 2014 suggested looking for a stable, proven insurer.  My post of June 5, 2014 described how to identify a proven, stable Long Term Care insurance company.  My post of June 12, 2014 discussed the importance of protection against inflation. My post of June 19, 2014 suggested planning to use insurance to pay for four or five years of long term care.  My post of June 22, 2014 suggested a daily rate to choose when purchasing long term care insurance.  My post of July 10, 2014 advised to look carefully at the list of Activities of Daily Living that can trigger coverage from the long term care insurance policy.  My post of July 17, 2014 described the differences between a “period of time” kind of coverage and a “pile of money” kind of coverage.  My post of July 25, 2014 advised to make sure that the long term care insurance includes coverage for cognitive impairment.  My post of July 30, 2014 described the differences between tax-qualified and non-qualified policies.  My post of August 5, 2014 discussed the value of long term care insurance policies that qualify for the Partnership program.    My post of August 14, 2014 discussed hybrid policies that combine long term care insurance with life insurance.  My post of August 21, 2014 described how a long term care insurance policy with a return of premium rider can be used to construct a “hybrid” life insurance/long term care insurance policy.  My post of August 28, 2014 described how to use a partnership policy to protect just enough of your life savings while holding down the cost of the insurance.  My post of September 5, 2014 described how to coordinate long term care insurance with potential veterans benefits.  My post of September 12, 2014 discussed how an elder law attorney can help maximize the value of long term care insurance.

The introductory post in the series on planning ahead for long term care costs appeared on May 15, 2014.

Today’s post, as part of the sub-series on to how to give assets away, discusses gifts to trusts as a method to protect the gifted assets from the costs of long term care in the future.

Why transfer money to a trust?

Transferring money to an irrevocable trust lets you send that money wherever  you tell the trust to send it.  (For an irrevocable trust, you need to determine at the time you first set up the trust where you want the money to go eventually.  You can’t decide later.)  Should you need long term care after setting up the trust, the money in the trust is not available to you, so it can’t be used to pay for your long term care (assuming you write the trust the correct way.)

In addition, assets in the trust normally do not go through the probate process.

Considerations when making a gift to a trust

Don’t transfer everything you have.  You still need to live off your life savings.  Keep enough back to support yourself for the foreseeable future.  (Remember, at the time you’d put assets into the trust, you don’t yet need long term care.  It’s a PRE-planning tool.)

Depending on the size of the transfer, a gift tax return may be necessary.  If the transfer is very large, the actual payment of gift tax may be required.

Sizable transfers reduce the unified credit that the senior’s estate will have available before triggering a requirement to pay federal estate tax.  (A similar result may occur in calculating your state’s estate tax as well.)

A transfer to a trust does not protect the transferred assets from long-term care costs until the five-year look back period has passed, according to the requirements of Medicaid.  (This means, if you feel that you will need long term care within the next five years, you should talk with an elder law attorney before making any transfers (to a trust, to a person, or to anywhere else) so you can make a plan that addresses your likely care needs.)

Why not transfer assets to a trust?

First, you must decide if you’re worried about the possibility of long term care costs in your future.  If you’re not worried, then don’t use a trust for the purpose of pre-planning.

I’m not a big fan of trusts as a pre-planning strategy simply because trusts are a hassle.  They are a separate “person” for tax purposes, and the income that the trust earns must be reported and the resulting tax paid.  Non-grantor trusts (and this should be a non-grantor trust) must pay at the top income tax bracket whether the trust has high income or low income.

You need to have a trustee that you trust.  You can’t be your own trustee, and your spouse can’t be the trustee either.  This trustee will own (in a fiduciary capacity) much or most of your life savings.  Do you have someone that you trust that much?  (You could pay a bank or trust company to manage the trust, but that costs money, and it still requires you to trust the bank or trust company.  Over all, I’m not a big fan of banks trust companies to hold these kinds of trusts.  Trust companies are great at watching the trust’s money, but they tend not to use the optional powers of the trustee that may have been put into the trust as a way to carry out the wishes of the person who funded the trust.)

The trust must be irrevocable.  Once you set it up, you can’t take it back.  This isn’t an estate planning trust.  It’s very different.

Medicaid will look very hard at the trust to look for any way that the money can come back (or be forced to come back) to a Medicaid applicant.  If Medicaid finds any opening, the trust will lose its protection against long term care costs.

Perhaps the biggest drawback to using an irrevocable trust (in my opinion anyway) is the same drawback as in any gifting strategy.  You give up control of the money that you put into the trust.  Imagining myself retired, I’m not sure that I’d be emotionally comfortable giving up control of a big part of my life savings.

It’s your choice.

Perhaps you have no fear of any of the risks I describe.  Perhaps you have someone you trust to manage your money.  Perhaps you’re comfortable with the hassles of a trust.  Then use an irrevocable trust as your pre-planning strategy.  I don’t think I’d use one for my pre-planning, but it may be the perfect approach for you.

For more information, visit Jim’s website.

Jim Koewler’s mission is
“Protecting Seniors and People with Special Needs.”

For help with long term care or with planning for someone with special needs,
call Jim, or contact him through his website.

© 2014 The Koewler Law Firm.  All rights reserved.

Giving Assets Away to Protect against Long Term Care Costs

Today’s blog post continues the series about planning ahead to protect against long term care costs.  Previous installments in the series discussed long term care insurance.  My post of May 22, 2014 discussed whether to buy long term care insurance at all.  My post of May 29, 2014 suggested looking for a stable, proven insurer.  My post of June 5, 2014 described how to identify a proven, stable Long Term Care insurance company.  My post of June 12, 2014 discussed the importance of protection against inflation. My post of June 19, 2014 suggested planning to use insurance to pay for four or five years of long term care.  My post of June 22, 2014 suggested a daily rate to choose when purchasing long term care insurance.  My post of July 10, 2014 advised to look carefully at the list of Activities of Daily Living that can trigger coverage from the long term care insurance policy.  My post of July 17, 2014 described the differences between a “period of time” kind of coverage and a “pile of money” kind of coverage.  My post of July 25, 2014 advised to make sure that the long term care insurance includes coverage for cognitive impairment.  My post of July 30, 2014 described the differences between tax-qualified and non-qualified policies.  My post of August 5, 2014 discussed the value of long term care insurance policies that qualify for the Partnership program.    My post of August 14, 2014 discussed hybrid policies that combine long term care insurance with life insurance.  My post of August 21, 2014 described how a long term care insurance policy with a return of premium rider can be used to construct a “hybrid” life insurance/long term care insurance policy.  My post of August 28, 2014 described how to use a partnership policy to protect just enough of your life savings while holding down the cost of the insurance.  My post of September 5, 2014 described how to coordinate long term care insurance with potential veterans benefits.  My post of September 12, 2014 discussed how an elder law attorney can help maximize the value of long term care insurance.  The introductory post in the series on planning ahead for long term care costs appeared on May 15, 2014.

Today’s post discusses how giving assets away can possibly protect those assets from the costs of long term care in the future.

The Medicaid Aged, Blind and Disabled program (the part of Medicaid that pays for long term care) and the VA Pension program (the VA benefit that helps veterans or surviving spouses pay for medical or care costs above their incomes) examine an applicant’s assets at the time of the application.  Applicants who have “too much money” don’t get coverage by those programs.  So, giving away assets can make a person “poor enough” to qualify.

But, of course, it’s not that simple.  (These are government programs, after all.  There can’t be too much simplicity.)

Medicaid looks back over the last five years to find what was given away.  The underlying theory is that money given away shortly before applying for Medicaid could have been used to pay for care so that Medicaid (i.e., the taxpayers) wouldn’t have to pay.  Anything given away during the look back period is assumed to have been given away for the purpose of qualifying for Medicaid.  Benefits will be restricted, or perhaps withheld altogether, for the period of time that the given-away money would have covered (just as if the applicant had the money at the time of application and needed to spend it to become poor enough to receive Medicaid.)

While the VA Pension program does not formally have a look-back period, the VA’s application process and/or its ongoing monitoring process includes a review of past tax returns to calculate what assets the participant (the veteran or surviving spouse) had before applying.  Then, the VA will force the applicant/participant to demonstrate that these assets should not, in fact, be considered available to pay for care.

Confused yet?  That’s okay.  This is all very convoluted.

So, the most important thing to remember is that giving assets away (often called “gifting”) as a method of protecting against potential long term care costs works best if done before the need for long term care is a real possibility.  In other words, gifting is best considered while you are still healthy.

Healthy adults rarely want to give their assets away, however.  They have plans for those assets.  They have to live off some or all of those assets.  What they don’t need to sustain themselves, they usually want to use on luxuries like fine food or travel.  Except for the super-rich, few adults come to the conclusion “I can give much of my money away.  I won’t need it.”

Nonetheless, people who do reach that conclusion can use gifting to protect some of their assets against the risk of long term care costs in the future.

For more information, visit Jim’s website.

Jim Koewler’s mission is
“Protecting Seniors and People with Special Needs.”

For help with long term care or with planning for someone with special needs,
call Jim, or contact him through his website.

© 2014 The Koewler Law Firm.  All rights reserved.

Long Term Care Insurance and Elder Law Attorneys Work Together

Today’s blog post continues the series about buying long term care insurance as a strategy for planning ahead for long term care.  My post of May 22, 2014 discussed whether to buy long term care insurance at all.  My post of May 29, 2014 suggested looking for a stable, proven insurer.  My post of June 5, 2014 described how to identify a proven, stable Long Term Care insurance company.  My post of June 12, 2014 discussed the importance of protection against inflation. My post of June 19, 2014 suggested planning to use insurance to pay for four or five years of long term care.  My post of June 22, 2014 suggested a daily rate to choose when purchasing long term care insurance.  My post of July 10, 2014 advised to look carefully at the list of Activities of Daily Living that can trigger coverage from the long term care insurance policy.  My post of July 17, 2014 described the differences between a “period of time” kind of coverage and a “pile of money” kind of coverage.  My post of July 25, 2014 advised to make sure that the long term care insurance includes coverage for cognitive impairment.  My post of July 30, 2014 described the differences between tax-qualified and non-qualified policies.  My post of August 5, 2014 discussed the value of long term care insurance policies that qualify for the Partnership program.    My post of August 14, 2014 discussed hybrid policies that combine long term care insurance with life insurance.  My post of August 21, 2014 described how a long term care insurance policy with a return of premium rider can be used to construct a “hybrid” life insurance/long term care insurance policy.  My post of August 28, 2014 described how to use a partnership policy to protect just enough of your life savings while holding down the cost of the insurance.  My post of September 5, 2014 described how to coordinate long term care insurance with potential veterans benefits.  The introductory post in the series on planning ahead for long term care costs appeared on May 15, 2014.

Today’s post discusses how to let an elder law attorney use your long term care insurance to help protect more of your life savings than you can otherwise protect.

I believe that the long term care insurance should be used to get through the look-back period before applying for Medicaid or a period of restricted coverage “penalty period” after applying for Medicaid. That allows the insured long term care recipient to protect as many assets as possible.

An elder law attorney hired at the time a senior makes a claim against his or her long term care insurance can make sure that the assets are transferred to people and/or trusts that will not be considered by Medicaid as under the control of the senior. The attorney can also determine whether it is more valuable to use the insurance to get through a look back period (currently 5 years) or get through the penalty period that Medicaid imposes when an applicant gives money away.  (The choice of the look back period or the penalty period is a case-by-case decision depending on the value of the insurance policy, the applicant’s current costs, and the applicant’s income.)  In addition, the elder law attorney can represent the applicant before the state’s Medicaid office to adequately explain why the transferred assets are okay.

The elder law attorney can use his or her experience to make the most of the senior’s long term care insurance, available assets, and income to find the most valuable strategy for the client.

For more information, visit Jim’s website.

Jim Koewler’s mission is
“Protecting Seniors and People with Special Needs.”

For help with long term care or with planning for someone with special needs,
call Jim, or contact him through his website.

© 2014 The Koewler Law Firm.  All rights reserved.

Coordinating Long Term Care Insurance with expected Veterans’ Benefits

Today’s blog post continues the series about buying long term care insurance as a strategy for planning ahead for long term care.  My post of May 22, 2014 discussed whether to buy long term care insurance at all.  My post of May 29, 2014 suggested looking for a stable, proven insurer.  My post of June 5, 2014 described how to identify a proven, stable Long Term Care insurance company.  My post of June 12, 2014 discussed the importance of protection against inflation. My post of June 19, 2014 suggested planning to use insurance to pay for four or five years of long term care.  My post of June 22, 2014 suggested a daily rate to choose when purchasing long term care insurance.  My post of July 10, 2014 advised to look carefully at the list of Activities of Daily Living that can trigger coverage from the long term care insurance policy.  My post of July 17, 2014 described the differences between a “period of time” kind of coverage and a “pile of money” kind of coverage.  My post of July 25, 2014 advised to make sure that the long term care insurance includes coverage for cognitive impairment.  My post of July 30, 2014 described the differences between tax-qualified and non-qualified policies.  My post of August 5, 2014 discussed the value of long term care insurance policies that qualify for the Partnership program.    My post of August 14, 2014 discussed hybrid policies that combine long term care insurance with life insurance.  My post of August 21, 2014 described how a long term care insurance policy with a return of premium rider can be used to construct a “hybrid” life insurance/long term care insurance policy.  My post of August 28, 2014 described how to use a partnership policy to protect just enough of your life savings while holding down the cost of the insurance.  The introductory post in the series on planning ahead for long term care costs appeared on May 15, 2014.

Today’s post discusses how to coordinate Long Term Care Insurance with expected benefits through the Veterans Administration.

The U.S. Department of Veterans Affairs (still generally called the VA) has some programs that help pay long term care costs for veterans.  Veterans who need long term care because of some medical condition that is attributable to their time in the service can get disability payments through the Compensation program.  Veterans and their spouses who cannot get out of their homes because of a medical condition that is not related back to their service can get Housebound pension.  Veterans and their spouses who need help with their Activities of Daily Living (dressing, eating, toileting, grooming, bathing, etc.) can get Aid & Attendance pension.

The amount of money available to veterans through these programs varies with the level of disability of the veteran (for disability claims,) the medical costs of the veteran and/or spouse, and inflation.

None of these programs will pay the full cost of long term care.  They might pay a significant portion of such costs, though.  Accordingly, a veteran  (or spouse) considering a purchase of long term care insurance should consider whether to buy less insurance because these programs are available.

For example, a veteran and spouse today (2014) can get up to $2,085 per month through the Aid & Attendance pension to help pay for otherwise unreimbursed medical expenses.  If the veteran and spouse had long term care insurance that covered all of their expenses, the $2,085 would not be “unreimbursed,” so the Aid & Attendance benefit would not be available to them.  The trick would have been, years ago when the veteran and spouse bought long term care insurance, to buy just enough insurance to cover their expenses while still getting full use of the Aid & Attendance benefit.  Their insurance premiums would have been lower because the daily rate they would have bought would have been lower

A veteran and spouse (if the veteran is married) looking at long term care insurance today must consider how high a daily rate to buy and how much they wish to count on veterans benefits in the future.  The veteran or couple must make their best guess at how much the veterans benefits will make available to them at the time they need long term care.  In fact, the veteran or couple must decide whether they believe these benefits will be available at all in the future.

For more information, visit Jim’s website.

Jim Koewler’s mission is
“Protecting Seniors and People with Special Needs.”

For help with long term care or with planning for someone with special needs,
call Jim, or contact him through his website.

© 2014 The Koewler Law Firm.  All rights reserved.