Elder Law

Medicaid Long-Term Care Assessment

An internal memo on eligibility, the look-back, spousal protections and the planning options, from the state's own rules.

What you get

  • An internal memo for the file, written for the attorney, not the client.
  • 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 client

  • Client's full legal name
  • Age, health and care
  • Marital status
  • Spouse

Timing and goals

  • When care is needed
  • Goals

Money

  • Income
  • Assets
  • Transfers in the last five years
  • Other coverage
  • Existing documents
  • Other instructions or open decisions

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
California28
Connecticut31
Delaware27
District of Columbia22
Florida23
Maryland30
Massachusetts29
New Jersey32
New York32
Ohio36
Pennsylvania39
Texas35
Virginia42

Among them, for New Jersey:

  • N.J.S.A. 30:4D-17.13 Responsibility for preadmission screening.
  • 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. 30:4D-7.2a Encumbrances, recovery limited against certain estates.
  • N.J.S.A. 3B:12-49 Powers conferred upon the court.

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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