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A trust most likely will not keep Medicaid from it. He is most likely the trustee, meaning the assets are for his use until he passes.
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All you need to do is google it..... there is tons of information out there....
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Medicare website won't have the information. Medicare and Medicaid are two different programs. You need your state's Medicaid site.
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Go to the official US Government Medicare website and start there. But your father should consult a elder law attorney experienced in Medicaid issues. Please don't let the step kids rob your Dad.  I doubt they would/could pay back what your Dad gave them when he needed it.  His hard earned funds for HIS future care.
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worriedinCali Dec 2019
I think he should go to the Medicaid website
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Rene, go online to your county's Dept of Health and Human Services. Look up Medicaid topic there, it should tell your dad everything he needs to know. He should absolutely NOT be giving any cash or assets away to family if he is planning on going into a facility anytime soon (and NO ONE knows when "soon" is...)

Grandma1954 has suggested a strategy that is legitimate. Your dad should get into a great facility under private pay that offers the full spectrum of care (from IL to AL to LTC to MC to hospice) and accepts Medicaid. Once he runs out of money the facility cannot kick him out, he gets first dibs on Medicaid beds over non-residents (this is why there are waiting lists) and he will receive the same quality of care and amount of attention. A Medicaid bed means you get moved into a shared room, no exceptions. The facility will ACH their payment right out of his bank account through the county and will leave him a small amount every month (somewhere between $60-$90 depending on his sate). He cannot "make" any more than a certain amount or he will lose his Medicaid qualification. He needs to know facts before he does anything. This is how I got my MIL into a nice place.

Paying for good care is what he saved his money for, not to shell it out to his family and then put the tax burden on the rest of us. If he gives away his money and then tries to get into a facility on Medicaid:
1) he may not even qualify as his finances will be subject to the 5-year lookback. He may incur hefty penalties that will delay him qualifying, so he may not get into a facility when he needs/wants it the most, even if it is urgent. This will put a great burden on his family to cover this care gap.
2) if he qualifies for Medicaid he will be on a waiting list since private pay residents have priority over outsiders.
3) he may only be able to get into county/Medicaid facilities that are often inferior. My MIL was in one after a rehab stint. Not optimal.
Also, you may be able to take your dad to an elder law attorney/estate planner for the best and most accurate legal advice on other legal strategies, like putting his house in a trust, arranging for a pre-paid funeral, etc. It will be money well spent. Good luck!
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Wuuhuu Dec 2019
i think he has money in a trust. What does that mean? Does that mean it’s protected from the five year look back or something?
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Rene, start here to understand the rules.

https://www.agingcare.com/articles/medicaid-lookback-and-penalty-period-166116.htm

Then Google Medicaid five year look back. Only one state has a 2.5 year look back. That is California.
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Wuuhuu Dec 2019
That’s is good info and exactly what I need to show them.
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Personal opinion here....
If this would work...(and it won't)
Would you rather choose a "nice" facility and pay privately for as long as you could then apply for Medicaid and the facility agree to continue care since you have been private pay for X years? Or would you rather enter a facility that is less than "stellar" only because they have a bed available for a Medicaid recipient?
Or afford to pay for private care in your home if that would be possible? Or again choose a bed in a facility because they will accept Medicare?

I can tell you my preference...
1. Stay at home as long as possible, when that is no longer possible sell the house and private pay in a facility of my choosing and then if necessary apply for Medicaid.

There is a "look back" for this very reason.
Why would taxpayers want to pay to supplement the care of someone that could have afforded it?
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Wuuhuu Dec 2019
I agree with you. My dad should stay home as long as he is able. He has 40 hour care with a caretaker he loves. He should keep his money and use it up if that’s what he needs.
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Rene, the rules should be listed on your State's Medicaid site. If you need help, tell me what state he lives in and I could help look for it.
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Wuuhuu Dec 2019
Yes thank you. He lives in Louisiana.
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Thank you all. It’s not me I’m talking about but the person I’m asking for has stepsons trying to get him to give away the majority of his assets before he has to go. It’s a shame I have to prove to them he needs to keep it for himself to pay for nursing home.
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No one in this country can afford to pay for a nursing home with just their social security check. So the answer is no. You can’t give away your money and then go to a nursing home with just social security. You won’t be able to afford AND Medicaid won’t help pay for your either because they will deny your eligibility because you gave your money away.
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Wuuhuu Dec 2019
Sounds right.
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No. Medicaid has a 5 year look back. So if you are planning to have the government pay for your nursing home care, you have to prove you are eligible for the program. If you give away all your cash, or cannot account for where it went, then you will not be eligible until you pay privately the amount you gave away.

Government programs are to help those who cannot afford to pay. Giving away your money/assets to try to get a government handout does not work.
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Wuuhuu Dec 2019
I agree. Just trying to convince others what the laws are and not to demand his savings. Thx
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If you have money, rather than give it away, why wouldn't you use it to pay for Skilled Nursing, if that is what's required?? Once your money runs out, THEN you apply for Medicaid to keep you in long term care.

If you want to give your money away & expect the taxpayers to fund your care thru Medicaid in Skilled Nursing, that won't happen since there is a 5 year look back period Medicaid will employ to make sure you haven't done just that.

Using 'just your Social Security' to pay for care doesn't make sense, either, since I doubt anyone earns $8-10K per month from SSI, which is the cost of Skilled Nursing.

If Medicaid is used to fund Skilled Nursing, they will take away your Social Security payment and use it to help fund your care, leaving you a very small monthly spending stipend only.

Does that answer your question?
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Wuuhuu Dec 2019
Yes thx. My dad has stepchildren thinking he should give away his savings before he goes there. I wanted to show them where it says these rules. Do you know where I can access the rules for this?
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No Rene. Unless you kept your money under a mattress in cash. The state examines all of your financial records for up to the past 5 years before it deems you impoverished enough for them to pay for your stay at the NH. If you gave away your money the state will not pay for you.
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Wuuhuu Dec 2019
Yes thx. My dad has stepchildren thinking he should give away a portion of his savings to them before he goes there. I wanted to show them where it says these rules. Do you know where I can access the rules for this?
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