I talked to a Medicaid attorney, that specializes in elder law Medicaid and spend down.
I found out he Best news I could think of.. Texas Medicaid laws.
It does not matter if my mom gave me all of her money and she make more then the 2000 a month or whatever they say you can only have in the bank to quilify for medicaid.
I will try and make this easy
Because I am a disabled person and cannot take care of my mom. When I did take care of her for a year, it cost appx someone 2500.00 a month to come in and take care of her, that said, since I took care of her, even though we did not make up a contract with times or dates, they will figure out about how much that would be...over 20,ooo.oo and mom has given me gifts of money and paid for differnt thing for me in the past five years, they used to pay me to clean their house. anyways...I will not be penalized for any of the gifts under Texas Rule 2322. If any one fights me on it, I tell them to read it, if they still fight me on it, I ask for a Fair Hearing. The law is the law and they cannot take that money away, or could they take away say 15, ooo.oo that is in my moms account right now, I transfer that money into my name. My moms car will go in my name. It is because of my disability that it works like that. My Doctor has all my records and doucmentation and is sending me a letter stating I am disabled. This has nothing to do with social secrurity disability, in fact, I do not even fit the critera because in my lifetime, I have not been able to work, thus not a history., or much of a history any way.
So, I take all my moms money out of her account except for 2, ooo. oo and take the rest and put in my own account, that way the government/medicaid will not require me to spend it down. So, mom is in a nursing home now and it cost 4800.00 a month, instead of spending it down, I pay out of the money I transferred in my own account to pay for it, in the mean time, I apply for medicaid pronto..as soon as I get that money out of her account, it will be cleared to go. the application process takes about 45 days. My son received 7000.00 as a gift from my parents back when my dad was alive, my son was living them for three months, he was at my moms taking care of both of them, thus, it would cost 2500.00 appx a month that is over 7000.00, so we cannot be penalized on that either.
Then, I put together a Millers Trust for the income that will come in every month to pay her nursing home which she makes 2500.00 a month, medicaid will take that minus 60.00 because she only gets 60.oo for any thing extra. I will also set up an funeral Trust so that they cannot touch that money, by law they cant touch funeral monies, as long as you desginate it in a funeral account w the funeral home. If it were not for the disability I have, I cant drive, cook or take care of my mother and such, this is the loophole with gift penalties to me, The bmw my mom gave us is a gift, no penalty there, that car has to be in transferred in name, and it does not matter when that happens, I just need to make sure its in my name and not my moms.