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AgingCare Expert since September 2009

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GabrielHeiser

K. Gabriel Heiser

Attorney, author, Medicaid asset protection planning

Antioch, Tennnessee

K. Gabriel Heiser, J.D., has focused exclusively on estate planning and Medicaid eligibility planning, including trusts, estates, gifts, and related tax issues, since graduating from Boston University School of Law in 1983.

He also practiced in Massachusetts, where he was Chairman of the Estate Planning Committee of the Massachusetts Bar Association, and in Tennessee, where he was the founder and first Chairman of the Nashville Bar Association’s Estate Planning Committee and where he served as President of the Middle Tennessee Planned Giving Council (1997).

Although recently retired from the active practice of law, during his 25-year career he was a long-time member of the National Academy of Elder Law Attorneys (NAELA), an ACTEC Fellow—the highest designation for trust and estate attorneys in the U.S.—and is AV rated by Martindale-Hubbell®, the country’s preeminent lawyer rating service.

Attorney Heiser has been a frequent seminar leader and participant in the areas of estate and gift tax, charitable gifts and trusts, Medicaid eligibility planning, and sophisticated estate planning. He taught as a member of the Adjunct Faculty of the College for Financial Planning at David Lipscomb University, as an instructor in Estate Planning Law (1996-1998), and has been certified as an Estate Planning Law Specialist by The Estate Law Specialist Board, Inc., the only American Bar Association-accredited program for certification of an attorney as an estate planning specialist.

Fellow, American College of Trust and Estate Counsel (ACTEC): Being elected to ACTEC is one of the highest honors an estate planning attorney can receive. ACTEC is a non-profit association composed of more than 2,600 of the most accomplished estate planning practitioners in the United States and Canada. To qualify for membership, a lawyer must have at least 10 years of experience in the active practice of probate and trust law or estate planning.

Lawyers and law professors are elected to be fellows by the other members, based on their outstanding reputation, exceptional skill, and substantial contributions to the field by lecturing, writing, teaching and participating in bar activities.

In addition to numerous articles he has written for professional journals, Heiser is the author of How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets, an annually updated 275-page consumer guide to Medicaid asset protection, available at www.MedicaidSecrets.com.

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Jul 12, 2010

GabrielHeiser
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You should be able to move your mother to another Medicaid facility, since she is now on nursing home Medicaid. The new facility would have to have availability of a bed for her.

Once your mother is on Medicaid, all the nursing home bills are paid by Medicaid, but she does have to turn over all her income to the nursing home each month, other than a small ($40-60, usually) personal needs amount.

Jul 12, 2010

Bree
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Hello again, I am in so much mental anguish, you would not believe. I will try to make this short.
My mother has been in a NH almost 5 months now. I totally wish I had chose a different one. From the start I have had nothing but problems.. the biggest was the nh had not switched her medicaid over to "nursing home" medicaid...and was billing me . So I was taking the little ssi income I had and tried to pay the monthly extra $634. That led me to visit the SSI office , explain to them my dilemma...hoping honesty meant something , hoping they would increase my mothers small check of 611 a month inorder to pay her NH bills. Instead, a very cruel cold person took the check totally away..out of my hands and started sending it to the nh. As though I was a criminal. After numerous visits over the months to the ssi office, another worker "cleared" up the problems. Still sending the check to the NH...making the NH bill medicaid, and pay me back 1/2 of 1,000 i paid out of my pocket. So at this moment, The medicaidis still waiting to go into effect. I was reimbursed 689 of 1,000 dollars...and was told thats all I will get back. I recently found out that my mothers SSI check was changed..cancelled. She will no longer be a SSI recipent..she is on SDI now(?) and her check amount is now $83.00. The NH WILL GET $53.00 OF THAT.
I am so torn...why? how can they do this? IS THIS A NORMAL PROCEDURE? For social security to throw a person away like this?
My mother is even more disabled than she was before! How can she only recieve $83.00!
AND HONESTLY...I DO NOT LIKE THIS PLACE..I WOULD LIKE TO MOVE HER...HOW CAN i DO THAT ..WITH HER HAVING A INCOME OF $83.00??
This NH and the SS has truly made a bad situation horreffic. I am looking for work...and trying to deal with my reality...trying to deal with the pain and anquish of loosing my mother...the only one Ive ever known.
No body seems to beable to tell me if ANYTHING can be done...why does this feel soooooooooo wrong!?
I need help, wisdom please.

May 12, 2010

GabrielHeiser
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Some states have indeed set up programs that allow a child to qualify as a state-paid caregiver, but that income may count toward your SSD. I suggest contacting your state department of welfare to double check on this. Sorry I can't be more specific!

May 12, 2010

ccoccocats
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I've been on SSD and have also been a caregiver to both my parents. Are there any governments aids that pay caregivers for their care towards their elderly parents without jeopardizing their SSD monthly checks?

Feb 14, 2010

GabrielHeiser
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Hi: That's really outside my expertise as an attorney. Perhaps some of the other experts or visitors on this site can offer you more advice/thoughts of what to do.

Feb 13, 2010

nins
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Hello,
Could you perhaps weigh in on my post-"my mother thinks she is perfectly able to live alone"?

Feb 7, 2010

GabrielHeiser
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Hi, dln: It's true that the will ignores what went on before your father died. However, there is nothing that prevents you from tallying up your gas costs and getting reimbursed after your parents die, IF you can get a legal agreement to that effect signed by them. If not, your trips are deemed made "for love and affection" and you can't later claim you want to be reimbursed out of the estate. Of course, I am not licensed as an attorney in your state, so to be sure, you'd need to run your situation by an attorney.

Feb 7, 2010

dln
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hi, my sister and I have been taking care of my parents for 3 years.They have been put in a nursing home and we sre the sitters (to avoid cost) i drive 163 miles roulnd trip everyday and have found no organization to even help with gas in the will my dad has put if any money is left to devide it equally amongst the children 3 girls the third sister says she does'nt hve time for the family then she said when a will is read i will be there we just buried my father last week and now we are beginning to wonder of she has no resonsibility at all but can still get her share?

Feb 5, 2010

GabrielHeiser
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Hi, Sabrina: Once your mother is qualified for Medicaid coverage and the nursing home has admitted her as a Medicaid patient, then all they need to receive from your mother is her SSI check; Medicaid should be paying everything beyond that. If the nursing home is seeking more money from you, you will need to contact your state's Human Services Department, I'm afraid.

Feb 5, 2010

Bree
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Hi again, and thank you for your quick response!
Actually my mom does have medicaid, I talked with the administrator/admissions person, and they said they would have to have an aditional 315 a month if I do respite care ( letting her stay there about every 2 weeks) and if I choose to keep her there it will be more monthly ( they will also want to recieve her ssi check(maybe$ 600--all but $60 ) So I am thinking, that is not medicaid paying for all of it. How do I insist on having medicaid take care of this....

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GabrielHeiser

K. Gabriel Heiser

Attorney, author, Medicaid asset protection planning
Antioch, Tennnessee

K. Gabriel Heiser is an attorney with over 25 years experience in elder law and estate planning. Heiser is the author of "How to Protect Your Family's Assets from Devastating Nursing Home Costs: Medicaid Secrets," an annually updated practical guide for the layperson.

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