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My Dad is in a nursing home for rehab. I was told he may need to stay because he cannot take care of himself. He has about $20,000 in Checking, which I am the POA on, and two CD's at $10,000 each which are POD to me. I am looking for an elder attorney advice. I also have a 35 year old brother who received SS disability income that is on a 12 to 13 year olds level that was living with my father in his home at the time of his fall. My father had guardianship of my brother since the 90's. Currently, I have Power of Attorney for both my 84 year old Dad and my 35 year old disabled brother. Should I also get guardianship for my father or brother even though I have POA's for both of them? I have been told by the rehab to spend down my Dad's assets so that he can qualify for the long term medicare waiver program. I realize this program goes back five years. What spending of his assets is allowed under this program? My brother is still in the apartment where they both were living before the fall where there are nurses that come by daily to look after my brother. I am concerned because my Dad technically is still paying for the apartment that my brother is in and soon will have to start paying the nursing home where he is staying. Are there any assisted living facilities that house seniors and disabled (regardless of the age) in Maryland? Are there any based on income? I also contacted the VA, who did not help me at all, they stated that because my father is not service connected there is no home health help being funded at this time and to quality for the aid and assistance program, he has to qualify for a disability that came from being in the service.

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Yes the Veterans place you called is wrong, they do not have to be disabled from the war, just served there in any aspect at all. The lowdown we were told is "your dads medical bills need to exceed his income." So lets say your dad goes to a medical daycare for $1600 a month and his ss and retirement is less than $1600, then he would be approved. If his medical bills are even higher, say he needs a van ride to and from daycare, or something like a shower at daycare or anything causing the price to go up, it might help in his being approved. This is the info that I was told and it worked for us. IF anyone knows a different way, please respond also, this is the only way I know that it works. Note also that I waited 17 months for my approval but got it retroactively so was worth the wait. There is no waiting list, there is a wait to get the money, theres a difference there. About the spend down, you can take care of your dad and get paid, thats spend down or any help you hire, or anythng he buys for himself, or you buy for him. We had to sell my moms house and spend down that also, this is where sibling rilvary come into play when they want their inheritence but it goes naturally to the parent first. IF your Dad was smart and made out an irrevocable Trust 5 years or more ago, is all safe!! good luck, hope something here helps you.
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Before this incident, my Dad was seeing a VA doctor which is about 45 min driving distance from his residence. The transportation through the VA was picking him up to go to his appointments. The VA doctor applied for services for my Dad in the past and was denied. When I spoke with the Social Worker on Wednesday, I was told that the home aid program is not being funded at this time and there is a waiting list and to quality for the aid and assistance program, he has to qualify for a disability that came from being in the service for which my Dad is not service connected. I was also told there is no Va nursing homes in the area. The only one I was told about is Charlotte Hall which I was informed is ran by the state and has their own guidelines. I promise I won't give up and I'll be sure to call the VA doctor that was seeing my Dad to try to get her to re-apply for the home aid program for my Dad and she what comes of it. Thx...
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The VA will should help you, your father served and your father should be covered under several different programs that I can think off. I am in the HC field in Indiana and we take VA benefits and I would suggest you get your father into a VA doctor ASAP, then get a Social worker with the VA and complete the VA application. There are also certified companies out there that will help you apply for VA benefits. Make sure they are certified, not just anyone can complete the VA application, and they must be VA certified to complete the process. These companies will help you complete and follow you through the process and let you know what benefits and programs your father would qualify for. I would think he would qualify for the Aid and Attendance Benefit right away, as well as a home health aid and possibly a stay in a VA home.
I am sorry I do not know of any companies in your area, only ones in Indiana. The VA may have some names that would be able to help you locate some as well. You can try to locate a Social Worker as well with in the VA and they may have some names of companies that can help you.
Blessings, Bridget
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I figured the VA was not completely honest with me. All I keep hearing is that my Dad is not service connected so there are some things he does not qualify for and their is no funding for the home aide program at this time. My Dad has BCBS Federal and is retired from civil service. I often wondering is there a way that I could put my Dad under my insurance possibly? At this time the rehab folks are telling me that he is pretty much done with therapy and is ready for either long term care there or to go into assited living because he has fallen a couple of times while in the rehab when he tries to get up to go to the bathroom on his own so it isn't safe for him to go back home. Even after his first fall at home, he was walking with little help from his cane. But since his hospital stay, he is no where walking like he was before. He pretty much takes baby steps and can't stand up for long. It's unfortunate because my Dad was one that went for walks everyday, he walked more than me. My Dad also has a little Dementia and is on Lasix which makes him have to get up to go to the bathroom pretty often. My Dad went into the hospital late in October and has been in rehab since November. I"m thinking, technically now both my father and brother are now disabled, I could try to put them in an assisted living place together that accepts both seniors and/or disabled persons. Is this a good idea? My Dad will need Level II care and my brother Level I care. I do have advance healthcare directives and living wills for both of them. I won't go through with the guardianship since I already have POA's,etc. Thx...
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The VA led you wrong. There are benefits for the elderly who are vets, as well as their spouses, but I don't know about offspring, but I would look into it. The assistance is for vets who don't have much money which sounds true of your dad.

It does not sound like their is enough time for you to spend down what little money he has to qualify for Medicaid. That does not apply to Medicare which will probably pay 100% for your dad's stay in rehab if they file it correctly. Does he have any other insurance than medicare?

Do the doctors think assisted living will be right for your dad or does that depend on how he does with rehab?

It does not sound safe for your brother to live alone in that apartment. If you could handle him for the short term, you could bring him home or you can try to find a group home or a nursing home for persons with his health challenges. I'd get everyone and everything out of that apartment, put what needs to go into storage in storage and go from there. I hope you can find a good lawyer and some sound advice because you sure need it. Best to you in the days, weeks and months ahead.

I'm not sure what guardianship would do that having POA does not already do. Working on guardianship is a painful, costly, and lengthy process in which the relative has to be on trail basically as to if they are competent to handle their own affairs in a business like manner. . Going that way might hurt some relationships unless you just absolutely have to. Do you have medical POA along with the Durable?
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