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Lady Bird Deeds (Enhanced Life Estates) The primary way to avoid probate for a house and ultimately avoid the enforcement of a MERP claim on the family home is called a Lady Bird Deed or Enhanced Life Estate Deed.
The guidelines for a hardship waiver are in the Iowa Administrative Code for income, assets, and if the heir would be deprived of food, clothing, shelter or medical care such that life or health would be endangered. An heirs reduced inheritance due to recovery is not considered a hardship.
Generally speaking, Medicaid will seek repayment for anything it paid for after a person docHubes the age of 55. The goal of MERP is to recover the funds Medicaid expended on behalf of a beneficiary.
Waiver and Deferral: Repayment of Medicaid benefits is waived if repayment would reduce the amount received from your estate by a surviving spouse, or by a surviving child who is under age 21, blind, or permanently and totally disabled at the time of your death.
There is no limit on the number of years for which DHS can seek recovery, except that there can be no recovery for medical assistance provided prior to the effective date of the act, August 15, 1994.
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When a person who gets medical assistance dies, their assets must be used to repay the Iowa Department of Human Services (DHS) for the money that was spent on medical care. Medical assistance is also called IA Health Link, Medicaid or Title 19 and includes programs like the Elderly Waiver and Medically Needy.
Asset Limits and Considerations for Medicaid in Iowa Medicaid also imposes limits on the assets you can own while remaining eligible for benefits. In Iowa, for a single individual, this limit is $2,000. For couples, if one spouse is applying for Medicaid, the limit is $3,000.
Transferring assets to a secure trust is usually the preferred method of Medicaid asset protection. Transfers to the Asset Protection Trust are treated like other transfers. Once the assets are inside the trust, a trustee manages the assets for later use or distribution.

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