Advancing education and advocacy in elder law in Maryland and the District of Columbia

What Every Estate Planning Attorney Needs to Know About Medicaid Planning

Series Introduction Spenddown

By Lindsay V.R. Moss, Esq.
Managing Principal, Moss Law, LLC
October 10, 2025

Lindsay Moss opened the series with a practical introduction to Medicaid planning for estate planning attorneys. She reviewed how Medicaid long-term care works and outlined essential differences between Maryland and the District of Columbia.

  • Crisis versus pre-crisis planning: when planning occurs during a care crisis versus earlier in the diagnosis stage, and how strategies differ.
  • Eligibility requirements: medical and financial criteria for long-term care Medicaid, including activities of daily living and asset limits.
  • Maryland and D.C. differences: resource thresholds, retirement accounts, home-equity rules, waivers, and estate recovery.
  • Spend-down strategies: converting countable assets into exempt assets through debt payment, home improvements, vehicle purchases, and prepaid funeral arrangements.
  • Single-applicant planning: promissory notes and gift-and-loan combinations used during crisis planning.
  • Married-couple planning: Medicaid-compliant annuities and community-spouse resource protection.
  • Transfer rules: the five-year look-back period, penalty calculations, and permitted transfers.
  • Asset-protection tools: life-estate deeds, caregiver-child exceptions, and Maryland ABLE accounts.

The presentation emphasized analyzing both front-end benefit eligibility and back-end estate-recovery exposure.

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