You need to, ABSOLUTELY MUST, see an elder law attorney BEFORE EVER, EVER submitting a LTC Medicaid application for your husband.
I cannot stress how beyond important this is for couples to do as your income and assets can be segregated BECAUSE only he needs to be impoverished for however your State needs for him to be to be eligible for LTC Medicaid. Him not you. You would be a CS aka a community spouse in Medicaid speak and your income should not factor into his eligibility. Your assets should not factor into his eligibility as long as they are under whatever the maximum OK by your State. Most have it at 128K but ya got to segregate the $ properly and that is not a DIY and it has to be done ahead of the application filing otherwise it could be considered 50/50 his/yours. It’s CELA level of elder law attorney work. Plus,other issues, like changing beneficiaries on policies stuff…. Like if it’s him and you get hit by a bus…. so not a good idea as that insurance $ makes him ineligible for Medicaid and yiur dad so who is going to deal with all this for him??? Stuff like this is what good attorneys can give you options as how to deal with.
Also on the have to pay while “Pending” in my experience, that’s kinda a NH & State program prerogative situation, I don’t think if a NH participants in LTC Medicaid they can force you to pay full freight private pay rate but they will expect him to pay his required copay or SOC / star of cost based on that years award letter from his income sources (like from SSA, pensions, retirements). Awards letter are the documents sent out in Nov that state to the penny what will be paid as monthly income for the incoming year to the NH spouse. The issue imho for CS / NH situations is that a CS can file for a waiver of some of that monthly income IF the CS can show she needs some of her now-in-a-NH-spouses $ to keep herself able to stay living in the community. The waiver has a process that has to be followed to show documentation that you as a CS need some of his $ to augment your own income as it’s not enough. It’s - in my not an attorney opinion- not a DIY to do a CS waiver, it too is CELA atty work as they know how to run the #’s. But it too has to be looked at and figured out in advance of his entering a NH but the attorney.
for example, let’s say you get 1K in SS$, hubs gets 1500 SS$, but mortgage is $1200, insurance/utilities $800. You need hubs $ to continue to live in that hime and be a CS. Attorney files for a waiver of $1350 to State LTC Medicaid in the initial application. Your joint savings is 87,654 which atty moves 2K to hubs solo account and rest 78,664K to you in your own acct which is fab as you can have a max of 128K in your own assets. Atty fee is 7K which is abt 1 month private pay in a NH. In this scenario, Hubs copay to the Nh is a mere $100 as his State has him getting a month personal needs allowance of $50 a month. The NH will not be happy, but that how the rules work. This stuff is all nuances to LTC Medicaid program that imho there is almost no way most of us could ever DIY figure out. There is just too much going on as too stressed and fraught dealing with our spouse, running around on healthcare appointments, keeping up on a house & maybe work as well.
Kids doing their widow or widower parents individual LTC Medicaid application, that imo you can totally DIY if you have been active in their life and have a solid POA and on their banking and know where stuff is. And they aren’t hoarders. BUt for couples it’s way waaaay complicated. Find a CELA attorney ahead of ever having him go into a NH and let them come up with options that work for however your State runs its medicaid system. Good luck.
Yes, see an elder care lawyer. Our lawyer who drew up Moms will, POA & medical directives referred us to one. He has been a huge help guiding me through various scenarios as I wait for the facility to submit their paperwork to Medicaid.
I so agree with JoAnn. Paying for hubby is the LEAST of it. You need legal separation of finances so as to protect your money for your future. For now just let these bills accumulate a bit and go to see an elder law attorney.
These questions are too crucial for lay people. Igloo here can often answer some of these with expertise, but I would see an attorney. You cannot be wrong about these crucial things.
Yes when pending, the person hands over their SS and any pension to offset cost of care.
You need to see an elder lawyer now. You probably need husbands SS and any pension to live. The application needs to show a spouse in involved. You need to protect yourself. As a Community Spouse you remain in the home, aloud a car and get enough or all of DHs SS and pension to live on. I would not trust the NH to do this application correctly.
After being hounded for payment while my Dad's application was being processed, we later learned that Medicaid will pay a facility retroactively from the time the application is submitted...
This is correct RD. But my DH aunts attorney told me the portion aunt would need to pay out of SS while we waited for approval. Then when the money came in, they reconciled what I had given them with what came in. Aunt had a refund. So it felt correct to pay her portion as we went along. They did pay retroactively Medicaid’s part. She still had to pay her part.
In kk’s case she needs to protect herself. it’s too important to her future. When it’s a single person’s assets it is simpler than when it is a couple.
Kkagii Please see an elder attorney so your and DH assets/income can be divided to protect you as you are what is called the community spouse. As the CS you will be protected to a degree if your application is presented properly. If you have a mortgage payment, a car payment, etc. all that is taken into consideration. What ever portion of your husbands social security that is left, will go to the NH while he is pending less a personal needs allowance. The rules are state specific. You need a certified elder attorney well versed in Medicaid law for your state. It is well worth the fee to get professional help to complete his application properly.
I cannot stress how beyond important this is for couples to do as your income and assets can be segregated BECAUSE only he needs to be impoverished for however your State needs for him to be to be eligible for LTC Medicaid. Him not you. You would be a CS aka a community spouse in Medicaid speak and your income should not factor into his eligibility. Your assets should not factor into his eligibility as long as they are under whatever the maximum OK by your State. Most have it at 128K but ya got to segregate the $ properly and that is not a DIY and it has to be done ahead of the application filing otherwise it could be considered 50/50 his/yours. It’s CELA level of elder law attorney work. Plus,other issues, like changing beneficiaries on policies stuff…. Like if it’s him and you get hit by a bus…. so not a good idea as that insurance $ makes him ineligible for Medicaid and yiur dad so who is going to deal with all this for him??? Stuff like this is what good attorneys can give you options as how to deal with.
Also on the have to pay while “Pending” in my experience, that’s kinda a NH & State program prerogative situation, I don’t think if a NH participants in LTC Medicaid they can force you to pay full freight private pay rate but they will expect him to pay his required copay or SOC / star of cost based on that years award letter from his income sources (like from SSA, pensions, retirements). Awards letter are the documents sent out in Nov that state to the penny what will be paid as monthly income for the incoming year to the NH spouse. The issue imho for CS / NH situations is that a CS can file for a waiver of some of that monthly income IF the CS can show she needs some of her now-in-a-NH-spouses $ to keep herself able to stay living in the community. The waiver has a process that has to be followed to show documentation that you as a CS need some of his $ to augment your own income as it’s not enough. It’s - in my not an attorney opinion- not a DIY to do a CS waiver, it too is CELA atty work as they know how to run the #’s. But it too has to be looked at and figured out in advance of his entering a NH but the attorney.
for example, let’s say you get 1K in SS$, hubs gets 1500 SS$, but mortgage is $1200, insurance/utilities $800. You need hubs $ to continue to live in that hime and be a CS. Attorney files for a waiver of $1350 to State LTC Medicaid in the initial application. Your joint savings is 87,654 which atty moves 2K to hubs solo account and rest 78,664K to you in your own acct which is fab as you can have a max of 128K in your own assets. Atty fee is 7K which is abt 1 month private pay in a NH. In this scenario, Hubs copay to the Nh is a mere $100 as his State has him getting a month personal needs allowance of $50 a month. The NH will not be happy, but that how the rules work. This stuff is all nuances to LTC Medicaid program that imho there is almost no way most of us could ever DIY figure out. There is just too much going on as too stressed and fraught dealing with our spouse, running around on healthcare appointments, keeping up on a house & maybe work as well.
Kids doing their widow or widower parents individual LTC Medicaid application, that imo you can totally DIY if you have been active in their life and have a solid POA and on their banking and know where stuff is. And they aren’t hoarders. BUt for couples it’s way waaaay complicated. Find a CELA attorney ahead of ever having him go into a NH and let them come up with options that work for however your State runs its medicaid system. Good luck.
These questions are too crucial for lay people. Igloo here can often answer some of these with expertise, but I would see an attorney. You cannot be wrong about these crucial things.
You need to see an elder lawyer now. You probably need husbands SS and any pension to live. The application needs to show a spouse in involved. You need to protect yourself. As a Community Spouse you remain in the home, aloud a car and get enough or all of DHs SS and pension to live on. I would not trust the NH to do this application correctly.
In kk’s case she needs to protect herself. it’s too important to her future. When it’s a single person’s assets it is simpler than when it is a couple.
Please see an elder attorney so your and DH assets/income can be divided to protect you as you are what is called the community spouse. As the CS you will be protected to a degree if your application is presented properly. If you have a mortgage payment, a car payment, etc. all that is taken into consideration. What ever portion of your husbands social security that is left, will go to the NH while he is pending less a personal needs allowance. The rules are state specific. You need a certified elder attorney well versed in Medicaid law for your state. It is well worth the fee to get professional help to complete his application properly.