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Florida imposes a presumes that reparavariety of complicated tions monies are spent rules to determine last, and ordinary inwhether a resident come and investment qualifies for long-term income spent first. For care Medicaid benefits. example, I had a recent Income and assets must case where a client, a not exceed certain survivor, needed longamounts. Uncompenterm nursing care. She sated transfers of assets and her late husband during the “look-back” had both been receiving period are examined, reparations for decades, Joseph S. Karp, and penalty periods of but never kept those C.E.L.A. ineligibility may be monies segregated. imposed. I have written many times With some research, we were able to about these rules. But as South document that she and her spouse Florida is home to many Holocaust had received a total of $500,000 in survivors, I now want to discuss Holo- reparations. In the past 3 years—the caust reparations with respect to lookback period—they had given Medicaid eligibility. their daughter $300,000. Based on As is entirely appropriate, Holo- the presumption that Holocaust caust reparation monies—from the funds are the last spent, and since perspective of both income and the couple had not done any signifasset—receive special consideration. icant gifting prior to the three year Medicaid recipients generally must lookback, Medicaid concluded that use a portion of their income to help the gift represented reparation foot the nursing home bill. Howev- monies. Thus, the gift was deemed er, Holocaust reparations are exempt from this requireListen to Joe Karp and Anita Finley on ment. Moreover, reparations Saturday, October 30 from 7:30-8:00 AM that a Medicaid recipient has on WSBR 740AM and on the retained and are identifiable Internet at www.wsbrradio.com. are considered an exempt asset for Medicaid purposes and not exempt, nothwithstanding the usual included in the state’s $2,000 asset transfer rules and penalty periods. I limit. With regard to transfers of have been advised that my client will Holocaust funds, these too receive be eligible for Medicaid benefits. This is just one example of why it special status. Transfers made during the lookback period are not subject is essential that Medicaid planning to the penalties normally incurred be done with an expert, certified by transferring other, non-exempt elder law attorney. Joseph S. Karp is a nationally certiassets. I have many Holocaust survivors fied and Florida Bar-certified elder law among my clients. In my experience, attorney (C.E.L.A.) specializing in the practice of Trusts, Estates and Elder Law. none has ever kept reparation inHis offices are located at 2500 come segregated from other income Quantum Lakes Drive, Boynton Beach and assets. This naturally begs the (561) 752-4550; 2875 PGA Blvd., Palm question: If one cannot specifically Beach Gardens (561) 625-1100; and distinguish reparations income and 1100 SW St. Lucie W. Blvd., Port assets from other assets and income, St. Lucie (772) 343-8411. Toll-free from anywhere: 800-893how can they be given special status 9911. E-mail: KLF@Karplaw.com or for Medicaid purposes? website www.karplaw.com. Once again, the law provides Read The Florida Elder Law and favorable treatment to Holocaust Estate Planning Blog at survivors in this situation. Medicaid www.karplaw.blogspot.com.