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Scottyb Asked April 2020

How do I set up a NYS Medicaid trust for my aging mother?

I live in adjoining apt with Mom. I'm 56, employed, shes 91 and declining in general health. She has fallen twice in the last year, once required hospitalization. I want to provide my assistance through medicaid provided support, yet not quite sure about getting her qualified in NYS. I'm currently gathering info about it, but any insights/experiences would be helpful.

Geaton777 Apr 2020
I helped my MIL apply for Medicaid in MN in 2016. Ditto to everything JoAnn wrote. The lookback period differs from state to state so if you are thinking about creating some sort of trust before your mother applies, please be aware of your state's lookback period. Be very careful of any financial transaction between the 2 of you that fall within the lookback period. I've never heard of a "Medicaid trust". Your best, most accurate advice will be from an elder law/estate planning attorney who is experienced in planning and Medicaid applications.

JoAnn29 Apr 2020
I live in NJ. Medicaid is Federally funded so basically the same in all states but each state is allowed some levity to add their own rules.

I am not aware of anything called a Medicaid Trust. In NJ you have 90 days from day of application to get all the paperwork together too prove the person has no money. To supply 5 years of statements. To spendown any money they may have to reach a cap of 2k. To find a facility.

April 2017 I stared the application. May 1st Mom entered LTC, paying privately for 2 months which brought her under the cap of 2k. In that time, I cashed in her insurance policies with cash value. I was allowed by Medicaid to prepay Moms funeral with the money. When I got everything in order, I confirmed with the caseworker that he was sent everything he needed and Medicaid started paying July 1st.

You only have a certain amount of time to get everything together once you apply. For NJ, its 90 days. If not OKd within that timeline, you have to reapply. You can make an appt with Medicaid and ask questions. The caseworker will tell you what is needed.

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