Elder Law

Medicaid Asset Protection Trust

An irrevocable income-only trust that starts the look-back clock while keeping the home and savings in the family.

What you get

  • An editable Word document, drafted from your answers and the state's official text.
  • A proof of sources: every citation in the draft with the words it quotes, the official source, the date the text was saved and its fingerprint.
  • Notes for counsel listing each point marked [VERIFY], each blank and each choice left for the client.

What the intake asks

Plain questions, in the order an attorney would take the facts. Anything left blank stays a marked blank in the draft; nothing is invented to fill it.

The parties

  • Grantor (the person creating the trust)
  • Second grantor
  • Trustee and successors
  • Remainder beneficiaries

The terms

  • Income to the grantor
  • Principal distributions during the grantor's life
  • Property going into the trust
  • The home
  • Limited power of appointment
  • Income tax design
  • Look-back awareness
  • and 1 more

Where it is offered

Every state Lawsmith has official sources for:

Official sources on file

The drafter works from the texts Lawsmith has saved for this document in the state you choose, plus federal law where it applies. Each is read from the official publisher and dated.

StateSources for this document
California29
Connecticut19
Delaware17
District of Columbia21
Florida17
Maryland26
Massachusetts18
New Jersey25
New York27
Ohio21
Pennsylvania22
Texas20
Virginia33

Among them, for New Jersey:

  • N.J.S.A. 30:4D-3 Definitions (New Jersey Medical Assistance and Health Services Act).
  • N.J.S.A. 30:4D-7.2 Lien against recovery sought from estate of recipient, "estate" defined.
  • N.J.S.A. 3B:12-49 Powers conferred upon the court.
  • N.J.A.C. 10:71 Medicaid Only (full chapter as published by the Department of Human Services).
  • N.J.S.A. 3B:31-18 Methods of creating trust.

How the draft is checked

Before it writes, the drafter must quote the official text behind each citation. Lawsmith compares every quotation with the text on file, character for character; a citation with no checked quotation reaches you marked [VERIFY]. The draft still needs your review before it is signed, filed or sent. How citations are checked

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