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Understanding Medicaid Estate Recovery

On Behalf of | Jul 20, 2022 | Asset protection |

Those in Georgia who are on Medicaid or have loved ones receiving Medicaid benefits need to understand a few things about the program. In an attempt to recoup expenses associated with the long-term health care of Medicaid recipients, Georgia’s Medicaid can use Medicaid Estate Recovery. The system has caused many issues with surviving loved ones having to relinquish part of all of their inheritance to reimburse Medicaid for certain expenses. 

Medicaid Estate Recovery explained 

Medicaid can seek reimbursement of expenses associated with long-term care or nursing home care provided to a Medicaid recipient. The system applies to any recipient who has passed away and was a resident of a nursing home or long-term care facility. It can also apply to individuals who are 55 or older and received community-based or home health care services. Through the estate recovery system, Medicaid can go after virtually all real and personal property of the estate, including placing a lien on the decedent’s home. 

Over the years, this has understandably caused issues with surviving family members, some of whom have had to relinquish their stake in their loved one’s home. A new law has been passed that protects the first $25,000 of an estate from recovery, regardless of the estate’s worth. Affected parties and their loved ones may also petition for a delay in the process under circumstances that would create an undue hardship on those still living in the home or if a person in the home provided care for a considerable amount of time to the deceased before his or her death. 

Seeking legal counsel 

Those in Georgia who are receiving bills from Medicaid regarding the long-term care their loved one received before passing away likely have a lot of concerns over Georgia’s Medicaid Estate Recovery program and what it means for them. An experienced estate lawyer can explain all aspects of the system and help a client understand his or her rights and options. An experienced lawyer can also help with the process of proving to the state that placing a lien on a decedent’s home would cause undue hardship to those still living on the property.