Colorado

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Medicaid Planning

Look-Back Period

Colorado enforces a 60-month (5-year) look-back period on asset transfers. Any transfers for less than fair market value during this period may incur penalties.

Penalty Period

Penalty periods are calculated by dividing the amount transferred by the average monthly cost of nursing home care in Colorado (approximately $9,479.95 in 2024). For example, a $90,000 transfer could result in a 10-month penalty period during which Medicaid will not cover long-term care costs

Spend Down Process

Paying off debts, making home improvements, purchasing exempt assets (e.g., prepaid funeral plans), or using funds for care-related expenses

Eligibility Criteria

Income Cap: For 2024, the income limit for an individual is $2,829 per month. For a married couple, if both are applying, it’s $5,658 per month.

Asset Limit: Individuals can have up to $2,000 in countable assets. For married couples with one spouse applying, the non-applicant spouse can keep up to $154,140

Asset Protection Strategies

Irrevocable Trusts: Assets placed in these trusts are excluded from Medicaid eligibility calculations

Spousal Protections: The Community Spouse Resource Allowance (CSRA) allows the healthy spouse to retain a portion of the couple’s assets, typically up to $148,620

Annuities: Convert assets into a stream of income, which may be excluded from asset calculations.

Estate Planning

Wills and Trusts

Wills: Legal documents specifying asset distribution after death.

Revocable Living Trusts: Manage assets during a person’s lifetime and distribute them after death without going through probate.

Powers of Attorney

Durable Power of Attorney: Designates someone to handle financial affairs.

Medical Power of Attorney: Assigns someone to make healthcare decisions if the individual is incapacitated.

Advance Directives

Living Will: Specifies medical treatment preferences.

Healthcare Proxy: Names an individual to make healthcare decisions

Guardianship and Conservatorship

Legal process for appointing someone to manage personal and financial affairs of an incapacitated person.

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Resources and Assistance

Consultation:

Seek guidance from a Colorado elder law attorney for personalized advice.

Workshops and Seminars:

Attend local educational sessions on Medicaid and estate planning.

Get the Support You Deserve

Whether you’re planning ahead or facing an urgent legal matter, our team is here to help. Schedule a consultation or contact us today to get started.

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