Let's hope your dh is not considered indigent and Medicaid kicks in to pay for Skilled Nursing care where he'll have a roommate and share a toilet....when he COULD have excellent care in Memory Care Assisted Living. With his own private suite and great activities and amenities to enjoy, using his own private funds, as my mother did. I fought tooth and nail to keep her OUT of a SNF and the 2 TV sets blasting at full volume at the same time with a thin curtain for "privacy" and sound muffling.
As Alva says it depends on what type of trust you have.
Most State's Medicaid does not cover Memory Care. That is private pay. Your DH would need to go into LTC for Medicaid to pay. I agree, see your attorney.
Probably not, no. Transferring all your assets into a REVOCABLE Trust puts them not in your own names, but in the Trust. If, however, you are the TrustOR (the person who created the Trust) and the Trustees, then the Trust is in your name, and bills incurred in your name can be paid by said Trust.
In the case of an IRREVOCABLE Trust your assets are basically already given away and out of your control. The Trust holds the assets and you are basically indigent if you didn't keep money out of said trust. Moreover you have no CONTROL over such a Trust.
You need to understand clearly what kind of Trust you have. It is time to see the Trust and Estate Attorney who drew up your Trust with your husband and yourself. It is time to understand your particular Trust, and your assets, and how you will proceed going forward, what options you have for your current circumstances.
You can also consider taking your Trust document and seeing an Elder Law Attorney who CAN if you are able to apply for Medicaid, help you with this.
A Forum of average everyday folk such as all of us out here cannot really be expert in answering your questions that need expert legal and financial advisors. We do have a regular member who is VERY up to date and exceptionally good at these questions, but you are also always best advised to see your own attorney. You cannot afford to make mistakes in such matter.
Here is a very detailed link to a website regarding memory care in California. I would contact a certified elder attorney to discuss your specific situation. There is often a long waiting list and you should not delay getting your husband on the list for the available facilities in your area. Good luck and let us know how it turns out. https://www.memorycare.com/memory-care-in-california/
Here is another link that speaks directly to trusts. It’s a law firm but has helpful info and a number for free consultations.
Most State's Medicaid does not cover Memory Care. That is private pay. Your DH would need to go into LTC for Medicaid to pay. I agree, see your attorney.
Transferring all your assets into a REVOCABLE Trust puts them not in your own names, but in the Trust. If, however, you are the TrustOR (the person who created the Trust) and the Trustees, then the Trust is in your name, and bills incurred in your name can be paid by said Trust.
In the case of an IRREVOCABLE Trust your assets are basically already given away and out of your control. The Trust holds the assets and you are basically indigent if you didn't keep money out of said trust. Moreover you have no CONTROL over such a Trust.
You need to understand clearly what kind of Trust you have.
It is time to see the Trust and Estate Attorney who drew up your Trust with your husband and yourself. It is time to understand your particular Trust, and your assets, and how you will proceed going forward, what options you have for your current circumstances.
You can also consider taking your Trust document and seeing an Elder Law Attorney who CAN if you are able to apply for Medicaid, help you with this.
A Forum of average everyday folk such as all of us out here cannot really be expert in answering your questions that need expert legal and financial advisors. We do have a regular member who is VERY up to date and exceptionally good at these questions, but you are also always best advised to see your own attorney. You cannot afford to make mistakes in such matter.
I wish you the very best of luck going forward.
https://www.memorycare.com/memory-care-in-california/
Here is another link that speaks directly to trusts. It’s a law firm but has helpful info and a number for free consultations.
https://la-lawcenter.com/what-is-a-california-medi-cal-asset-protection-trust/#:~:text=A%20Medi%2DCal%20Asset%20Protection,Medi%2DCal%20Estate%20Recovery”.