Medicaid Crisis Planning Attorneys Serving NC, SC, TN, AL, and MD

When a loved one suddenly needs nursing home or in-home long-term care, every day matters. At Johannesmeyer & Sawyer, PLLC, we mobilize fast to protect family savings, secure care, and navigate Medicaid, without guesswork. Our attorneys serve clients throughout North Carolina, South Carolina, Tennessee (TennCare), Alabama, and Maryland, guiding families through urgent, high-stakes decisions with clear, actionable strategy. 

What Is Medicaid Crisis Planning?

“Medicaid crisis” planning helps when care is needed now (or very soon), but current income/assets would block eligibility. We apply lawful tools to meet strict rules and preserve as much of your property, savings, income, and home as possible. Typical issues include the 60-month look-back on transfers, income caps (handled via Qualified Income Trusts/Miller Trusts in certain states), spousal protections, and timing of applications. 

What to Do Immediately When a Medicaid Crisis Arises

If your loved one has been admitted to a nursing home or suddenly needs long-term care, the first step is not to spend or transfer assets without guidance. Every financial move counts under Medicaid’s strict look-back rules, and one mistake can cost thousands in lost eligibility or penalties.

Instead, contact Johannesmeyer & Sawyer, PLLC as soon as possible. Our attorneys can act quickly to evaluate your situation, explain your options, and begin structuring a plan to protect assets and secure care. Even if you’ve already been told that you “make too much” or “have too many assets,” do not assume you’re ineligible, there are often legal tools and timing strategies that can change that outcome. The sooner you involve us, the more we can preserve.

Common Mistakes to Avoid in a Medicaid Crisis

Families under pressure often make hasty decisions that backfire. Common pitfalls include gifting money or property to relatives, spending down assets too quickly, or relying on advice from non-legal sources like friends or nursing home staff. Others try to navigate the application process alone, only to face denials, delays, or penalties that could have been avoided.

At Johannesmeyer & Sawyer, our Medicaid Crisis Planning attorneys ensure every action aligns with Medicaid’s complex rules and exceptions. We help you avoid the traps, from improper transfers to missed deadlines, while pursuing every possible protection for your spouse, home, and life savings. With professional guidance, you can save more, qualify faster, and avoid long-term headaches.

How the Medicaid Crisis Planning Process Works

Once you contact us, our team begins with a rapid eligibility and financial assessment, reviewing income, assets, and recent transfers. From there, we design a customized plan to bring your loved one into compliance with Medicaid’s strict limits while preserving as much wealth as legally possible.

We handle the heavy lifting, from creating Qualified Income Trusts (Miller Trusts) and Medicaid-compliant annuities to preparing and submitting your application and communicating directly with Medicaid agencies and nursing homes. You’ll receive clear guidance at every step, full transparency, and ongoing advocacy until benefits are approved. Our goal is simple: to secure care quickly and protect your family’s financial security for the future.

How We Help—Quickly

Within days (often 24–72 hours), we can:

• Assess eligibility & timing (including immediate-pay vs. pending Medicaid strategies).
• Restructure assets (convert non-exempt assets; align titling/beneficiaries).
• Coordinate spousal protections (community spouse resource/income allowances).
• Create a Qualified Income Trust (Miller Trust) when required in income-cap states.
• Leverage compliant annuities, loans, or promissory notes where appropriate.
• Protect the home (evaluate exemptions, liens, and estate recovery exposure).
• Prepare, file, and track the Medicaid application – and talk with the agency and facility so you don’t have to.

Why Families Choose Johannesmeyer & Sawyer

• Rapid response. We prioritize crisis matters and move from intake to execution fast.
• Multi-state mastery. Five-state coverage with a single team and consistent playbook.
• Hands-on coordination. We work directly with nursing homes, hospitals, and Medicaid caseworkers to keep momentum.
• Preservation-first strategy. Our plans aim to protect income, home equity, and legacy while meeting the rules.
• Clear communication. You’ll always know the plan, the paperwork, and the next milestone.

Our Proven Process

1. Urgent Triage Call (Free). Facts, care status, financially relevant info, facility needs.
2. Same-Week Strategy. Written roadmap outlining eligibility path, document list, and timeline.
3. Implementation. Trusts/transactions, spousal allowances, application assembly, facility coordination.
4. Submission & Advocacy. We file, monitor, and respond to agency requests; we handle hiccups and appeals if needed.
5. After Approval. We help set up ongoing compliance (e.g., QIT funding, patient pay amounts) and plan for estate recovery exposure.

State-Specific Notes (High-Level)

• North Carolina & South Carolina: Expect the standard 60-month look-back on transfers; strategy and documentation are crucial to avoid penalties/delays.
• Tennessee: Medicaid is called TennCare. Crisis planning must align with TennCare’s policies for long-term services and support.
• Income-Cap Situations: Where a state uses an income cap, a Qualified Income Trust (Miller Trust) can be the lawful path to eligibility. We draft and implement QITs and train families on monthly funding mechanics.

(We’ll tailor specifics to your state, care setting, and marital status.)

Common Tools We Use

• Qualified Income Trusts (Miller Trusts) to address income over the limit (income-cap states).
• Medicaid-compliant annuities to convert countable assets into income streams for the community spouse.
• Promissory notes/loans structured to meet Medicaid rules.
• Strategic transfers/gifting (limited; only when they won’t trigger a penalty or when offsetting strategies exist).
• Caregiver agreements and personal services contracts where appropriate.
• Estate recovery minimization planning post-approval.

Frequently Asked Questions

What if we already moved assets within the last five years?
Don’t panic. The look-back reviews transfers in the past 60 months, but penalties can be managed or cured with the right strategy. Timing and documentation matter.

Income is over the limit—are we stuck?
Not necessarily. In income-cap states, a Qualified Income Trust (Miller Trust) can legally route “excess” income to meet eligibility while allowing payment of required expenses.

Is Medicaid different in Tennessee?
Tennessee’s program is TennCare. The rules and process are Tennessee-specific, so we align crisis strategies to TennCare’s policies and paperwork.

We need a bed now—should we apply before planning?
Often, we triage care placement and planning in parallel. Filing too early or with the wrong numbers can trigger denials or long delays; we typically correct the financial picture first, then submit a complete, defensible application.

Will the state take the house?
There are protections for spouses and certain exemptions; estate recovery rules are real but can often be planned around. We’ll assess homestead status, liens, and recovery exposure before filing.

Don’t wait until it’s too late to protect what you’ve worked for.

Call (803) 266-9910 or contact Johannesmeyer & Sawyer, PLLC to schedule your free, confidential consultation with a Medicaid Crisis Planning attorney today. Our team will move quickly to secure care and safeguard your family’s assets.