• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Unsworth LaPlante, PLLC

Vermont Estate Planning Attorneys

Vermont: (802) 879-7133

Attend A Free Workshop
  • Home
  • Our Firm
    • About Our Firm
    • Meet Our Team
    • What to Expect When Working with Us
  • Services
    • Estate Planning
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid Planning & Elder Law
    • Pet Planning
    • Special Needs Planning
    • Trust Administration
    • Young Families Planning
  • Resources
    • Articles
    • Elder Law Reports
    • Elder Law Resources
      • Burlington
      • Montpelier
      • Rutland
      • St. Johnsbury
      • White River Junction
    • Estate And Gift Tax Figures
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Elder Law
        • In-Home Elder Care
        • Medicaid
        • Planning for Long-Term Care
      • Estate Planning
        • Business Succession Planning
        • Estate and Gift Tax
        • Estate Planning for Blended Families
        • Estate Planning for Parents
        • FAQs for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Taxes on Inheritances in Vermont
      • Incapacity Planning
      • IRA & Retirement Planning
      • Gift, Estate, and Inheritance Taxes
      • Legacy Wealth Planning
      • Philanthropy and Estate Planning
      • Pet Planning
      • Revocable Living Trust
      • Special Needs Planning
      • Trust Administration
      • Trusts
      • Wills
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
      • Medicaid Analysis Worksheet
      • Medicaid Guide
      • Vermont Medicaid
    • Newsletters
    • Presentations
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
    • SECURE Act
    • Top Estate Planning Techniques
  • Webinars/Seminars
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact
Home » The Latest on DOMA, Medicaid & Asset Transfer Rules

The Latest on DOMA, Medicaid & Asset Transfer Rules

September 24, 2013 by Stephen Unsworth

With the recent Supreme Court ruling that allowed gay marriages, along with the new healthcare laws that are soon to be in full effect, there’s a lot to take in when it comes to asset transfer rules, benefits, estate planning, and of course, Medicaid.

First, let’s take a look at the Supreme Court’s recent ruling on same sex marriages.

The Social Security Administration (SSA) and the Veteran’s Administration (VA), in recent weeks, have begun issuing guidance for all things related to the treatment of same-sex marriages. The SSA continues to update its regulations and has already begun approving benefits to many same sex couples.

Same Sex Marriages and Military Veterans

Also in recent days, President Obama made an announcement that spouses of same sex military veterans may also collect veteran’s spousal benefits. This clears the way for many to be able to take advantage of the benefits afforded to their heterosexual counterparts. These announcements, all courtesy of United States v. Windsor, brings everything full circle from this perspective.

Meanwhile, SSA has made changes to its own Policy Operations Manual System. This is what the various field offices use when determining benefits. Those benefits that, until now, were out of reach for many, further cements the Supreme Court’s ruling that these marriages were lawfully created.

This doesn’t mean these changes haven’t been without a bit of confusion and uncertainty. Claims are still being held by Social Security offices for some who were legally married, but who lived in states where their marriages weren’t recognized. For now, those claims are in a state of suspension.

The Obama administration also says there would be no further enforcement of language that defines a spouse as one of the opposite sex. The VA immediately began providing benefits to spouses in same sex marriages, determined by the state of discharge for the veteran.

Medicaid Eligibility

As we know, Medicaid institutes a five year look back for new applicants. These are designed to ensure those applying for Medicaid haven’t attempted to bypass the laws by giving away assets long enough to qualify for benefits, only to reclaim them after the process is complete.

As far as Medicaid is concerned, the Department of Health and Human Services announced it too would allow states to extend the long term care protections to those in same sex marriages and partnerships. The requirements are the same as those in traditional marriages:

A nursing home resident must spend down to $2,000 – depending on which state the resident resides.
The spouse not in the nursing home, referred to as a “community spouse” is entitled to keep $110,000, again, depending on one’s home state. Further, if that spouse has less than this amount, the resident is allowed to move his assets to the community spouse, provided it comes in at less than $110,000.

If the community spouse has low income, then some or all of the income may be retained with no repercussions. Note, however, the protections extend only to those in legal marriages.

For now, HHS is contacting each state of their abilities to provide Medicaid to same sex couples.

As always, for those couples not married, they’re not under the asset limitations. The partner not in the nursing home will keep all of his or her assets with no fears of jeopardizing a partner’s medical treatment.

Have questions on all of these new financial planning and health care directives? An estate planning lawyer or elder care lawyer can provide guidance.

  • Author
  • Recent Posts
Stephen Unsworth
Stephen Unsworth
Stephen A. Unsworth is admitted to practice in both Vermont and Maine, and has more than 30 years of experience in estate planning and business law. His mission is to provide quality estate planning services, including assistance with Living Trusts, Wills, Medicaid Planning, Probate, Trust Administration, Powers of Attorney, Special Needs Planning, and Family Limited Partnerships.
Stephen Unsworth
Latest posts by Stephen Unsworth (see all)
  • Does My 401(k) Account Count for Medicaid Eligibility? - October 20, 2022
  • Senior Care Options - October 18, 2022
  • Is an Oral Will Valid in Vermont? - October 13, 2022

Filed Under: Uncategorized Tagged With: same sex marriages, military veterans, president obama, ssa, healthcare laws, department of health and human services, Medicaid, Estate Planning, doma, supreme court ruling

Other Articles You May Find Useful

Essex Junction elder law attorneys
What You Need to Know about Elder Abuse
Essex Junction Medicaid planning attorneys
How to Apply for Senior Medicaid in Vermont
Planning for the “Silver Tsunami”
Discharge of Indebtedness Income and Student Loan Forgiveness
More than Just Salad Dressing: The Ongoing Saga of Newman’s Own Foundation
Essex Junction Medicaid planning attorneys
Does My 401(k) Account Count for Medicaid Eligibility?

Primary Sidebar

Elder Law and Medicaid Planning Attorneys

Unsworth LaPlante, PLC

DOWNLOAD OUR FREE ESTATE PLANNING WORKSHEET

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

Blog Subscription

Sign up to Unsworth LaPlante's estate planning blog to receive all the latest news and updates.

  • This field is for validation purposes and should be left unchanged.

Essex Junction, VT

26 Railroad Ave
Essex Junction, VT 05452
United States (US)
Phone: (802) 879-7133
Fax: (802) 879-0408

Map

unsworth_sidbr_map

Office Hours

Monday8:00 AM - 4:00 PM
Tuesday8:00 AM - 4:00 PM
Wednesday8:00 AM - 4:00 PM
Thursday8:00 AM - 4:00 PM

Footer

footer-logo
  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

The information on this Vermont Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

American Academy of Estate Planning Attorneys, Inc. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2023 American Academy of Estate Planning Attorneys, Inc.