Colorado

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.


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.
