Even When Its 4th & 25

The miracle occurred on November 7, 2015. Arkansas Razorback fans will never forget that day. Playing Ole Miss in Oxford, the Hogs had fought their way to overtime. But after Ole Miss scored and kicked the extra point in their overtime possession, Arkansas found itself facing a near-impossible fourth down situation. It was fourth and 25, and the game was on the line.

Quarterback Brandon Allen took the snap and scrambled, eventually throwing to tight end Hunter Henry, who caught the ball well short of the first down marker. If he went down, the game was over. But in a last-ditch effort to keep the play alive, Henry turned and hurled the ball backwards over his head—a desperation lateral that could have easily ended in disaster.

Instead, the ball took a perfect bounce into the waiting hands of running back Alex Collins. Collins scooped it up and dashed down the sideline for 31 yards, miraculously converting the fourth-and-25 into a first down. The Hogs went on to score a touchdown, and the announcers assumed they would kick the extra point to tie the game. 

Coach Bret Bielema had other plans. He shocked the Ole Miss crowd by going for two. After a penalty threatened to derail it all, Brandon Allen ran it in himself, sealing a thrilling 53–52 SEC road victory.

Arkansas fans still call it the “Henry Heave” or the “Hog-and-Ladder.” It was the ultimate proof that, even when you’re down to your last play with no obvious path to victory, there can still be a way forward if you stay creative, work as a team, and refuse to quit.

I meet families every week who feel like they’re facing their own fourth-and-25 moment. A loved one has suffered a stroke, received a dementia diagnosis, or experienced a sudden health crisis that requires full-time nursing home care. The family never got around to planning ahead, and they think there’s no way out of the looming financial disaster.

They’ve heard that nursing homes can cost at least $8,000 per month, often more, and that Medicare won’t cover long-term care. They fear they will lose everything they’ve worked for just to pay for these unexpected costs.

If they have heard anything about Medicaid, they wrongly assume that Medicaid is only available to those who have already spent every last dollar. But just like the Razorbacks’ fourth-and-25 play, there are often creative legal strategies that can save the day—even if you didn’t prepare in advance.

This is what elder law attorneys call “Medicaid crisis planning.” It’s not ideal—we’d always rather help clients plan beforehand than plan in crisis. But even when families come to us at the last minute, it’s rarely hopeless. In fact, I wouldn’t even consider the planning techniques we use in crisis situations to be miracles, though the results can feel miraculous to clients who have almost lost hope.

Depending on the situation, we can often help families:

• Protect the home, often using a beneficiary deed.

• Get around the state’s income cap through a device called a Miller Trust.

• Convert countable assets (that would cause a denial of benefits) into exempt assets that can be retained under Medicaid rules.

• Establish Medicaid Qualified Annuities that can turn financial resources that exceed the Medicaid asset limit into a safe and protected income stream for the healthy spouse at home.

• Transfer assets in a way that acknowledges and minimizes the Medicaid transfer penalty, allowing them to often save as much as two-thirds of the amount transferred.

To those not intimately familiar with current Arkansas Medicaid rules, these strategies can seem as unconventional as a desperate lateral chucked across the field, but they’re part of the playbook for experienced elder law attorneys. They require precise timing, legal knowledge, and teamwork among the family, attorney, and financial professionals.

Of course, it’s always better to form a plan before the trouble comes. The Razorbacks didn’t draw up their fourth-and-25 miracle as option one. They would have preferred to avoid that situation entirely. Likewise, families who meet with us early can set up trusts, asset protection plans, and pre-eligibility strategies to avoid the desperation play altogether.

But if you or someone you love is staring down nursing home admission without a plan, remember: the situation is not hopeless. You might feel like Hunter Henry, throwing the ball over your head and praying for the best, but with the right guidance, that last-ditch lateral might just bounce into the hands of someone who knows how to carry it into the end zone.

The bottom line is, even in a long-term care crisis, don’t assume there’s nothing you can do. The game isn’t over. The right strategy, executed at the right time, can still turn fourth-and-25 into victory for your family. Visit our website, ElrodFirm.com, to learn more, then give us a call to set up a no-charge strategy session.