Medicaid And Medicare Eligibility Planning: Let Us Take The Uncertainty Away

Last updated on September 30, 2025

Medicare, Medicaid and other government benefit programs provide much-needed health care services to many Americans. Unfortunately, the process of applying and qualifying for these benefits is increasingly complex and more punitive as well, with asset limits that basically require people to have almost nothing in order to qualify for help. If you’re wondering, “Can I qualify for Medicare or Medicaid benefits without having to let the government take practically everything I’ve worked for?” you’re not alone. An experienced Atlanta-area elder law attorney can help ensure that you qualify for these benefits and that your assets are protected as much as possible.

At Hodges Law Firm, LLC, in Cumming, Georgia, we have decades of experience helping clients to do just that and can provide you with the guidance and planning services needed to do the same.

We Can Help You Preserve Your Assets While Pursuing Medicaid Eligibility

Our lawyers are well-versed in the nuances of Medicaid eligibility. We can apply that knowledge to help you gain eligibility – without sacrificing all of your assets.

We give clients sound, ethical advice on how to obtain the government benefits they deserve while preserving assets. This is perfectly legal. What it typically requires is the careful use of trusts, gifting strategies and other estate planning tools aimed at preserving your eligibility for Medicaid, long-term care, nursing home care and other needs. We can help you with all of the necessary legal work and details here, including initial applications for Medicare or Medicaid benefits, as well as with any complications that arise throughout the process.

What Are Georgia’s Medicaid Asset Limits?

Georgia Medicaid requires you to have no more than $2,000 in nonexempt assets to gain eligibility. There is a five-year look-back period, however, that allows the government to look into the financial transactions you made during that time period prior to filing for Medicaid and seek the recovery of those assets.

In today’s economy, $2,000 is simply not enough for most people to survive, much less lead a fulfilling life or even a modest one that retains much dignity. This is wrong, and it’s where having an experienced asset protection attorney can help a great deal.

Why Adding Your Child’s Name Won’t Shield Your Assets From Medicaid

This is a question we hear often: “I recently became widowed and am nearing retirement. Will adding my child’s name to the title on my house or my bank accounts protect those assets if I need to become eligible for Medicaid benefits?”

The answer, in short, is no. In Georgia, Medicaid regulations state that adding someone else’s name to a bank account or mutual fund does not transfer the ownership of that account. Absent a really good explanation, the state of Georgia assumes that the child’s name was added merely for convenience purposes and the entire account still belongs to the parent. So even though the child’s name has been added to a property deed or financial account, the value of the assets is still counted for Medicaid eligibility purposes.

What About Other Assets?

This is true whether we are talking about bank accounts, certificates of deposit, savings bonds, mutual funds or any other liquid assets. The law says there is no gift unless and until the child actually takes the money out of the account.

For example, if you simply add your daughter to a bank account but she takes no money from that account, there’s no transfer. She has to take some money out of that “joint account” and move it to an account that she doesn’t share with you – and it’s at that time and only in that amount that there is an actual transfer. Even here, you have a problem, however, because the transfer is considered a gift. Gifts are countable assets for the entire five-year Medicaid look-back period and will be disqualifying for Medicaid purposes until spent down.

What About Medicaid And Real Estate?

Adding names to real estate creates the same problems. If someone’s name is added to real estate, then at the time the deed is signed and recorded, there is a completed gift that has been made. And remember, a gift of only $40,000 would cause the giver to be ineligible for Medicaid for months and months under Georgia law.

Thus, whether it makes sense to add someone’s name to real estate or financial assets depends upon the facts and circumstances of each particular case. Be sure to seek the advice of a competent and experienced elder law attorney before committing yourself to a strategy that might not work.

Medicaid Verification Checklist: We Already Know What You Need To Know

If you’re preparing for Medicaid verification, you can consult a lawyer at Hodges Law Firm, LLC, to go over your checklist and make sure you have everything in order. Here’s a comprehensive checklist of documents and information you’ll need to gather:

Biographical Information

• Birth certificate (both spouses)
• Social Security card (for both spouses if married)
• Health care cards (front and back)
• Private health insurance premium statements
• Marriage certificate (of all marriages for both spouses)
• Death certificate of spouse (and any other predeceased spouses from both parties)
• Naturalization papers, if applicable
• Military discharge papers (DD-214)

Income Documentation

• Social Security yearly award letter stating the monthly benefit for the current year
  (You should receive this sometime in December of the prior year.)
• Pension statements for the most current month
• IRA statements for the current months
• Any other retirement payment statements for the most current month
• Annuity statements for the most current month
• Any outstanding loans that are being repaid to you

Resources

• All bank account statements for the most current three months (all pages)
• All investment account statements for the most current three months
• Real estate deeds and/or closing papers on real estate sold within three years
• Most recent property tax bill
• All life insurance policies
• Cash surrender value on all life insurance policies with face values above $5,000
• Rental agreements for secondary homes
• Automobile registration
• List of contents in the safety deposit box
• Prepaid funeral and/or burial contracts

Miscellaneous

• List and explanation of all deposits and withdrawals for $1,000 or more
• Copy of the current will, powers of attorney and trusts

For Veterans Only

• Copy of all medical expenses paid for the past 12 months, including:
  • All prescriptions
  • Eye exams and glasses
  • Hearing aids and batteries
  • Home health aides
  • Assisted living costs

Serving Clients All Along The 400 Corridor North Of The Perimeter

Get started on addressing your Medicare or Medicaid planning needs today by calling us at 678-608-1746 or contacting us online to schedule a free initial consultation with an experienced Georgia elder planning lawyer.

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