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RemiRockson Asked September 2021

Do I need an elder attorney?

Hello! I am caregiver to my mom. She has lived with us for about 6 years (once her husband passed). She (and her now dead husband) was an alcoholic, (and gambler) up until about a year ago (I just couldn't have her living with us and being an alcoholic, so was able to get her off of it during covid shutdowns). She has always paid $1000/month rent since she has been living with us. Her monthly income is $2124.50 from SS, and a $367.22 from a pension (before her Medicare deductions). I have been on her checking account all this time and paid her bills for her, but never really cared about her spending because it was her money (and you can't argue with an alcoholic) .While she was still drinking, spending, and gambling, even the rent money she paid us, went on those expenses most of the time. Fast forward to now and she's been diagnosed with dementia, beginning stages. I believe she makes too much money for Medicaid if it would be needed in the future. Are there better Medicare supplements that she could have that would help her in the future? We have her on Medicare and also pay for a supplement with united health care. Now that she is sober, and we have all her debts cleaned up, we need to look at what could happen down the road. I want to keep her home forever, but that may not be feasible some day and I need to prepare just in case!

lealonnie1 Sep 2021
Yes. Definitely consult with an Elder Care attorney to get all the scoop on what your mother needs to do to qualify for Medicaid in the future. I did that very thing back in 2014 and I'm very glad I did.

Good luck!

Ricky6 Sep 2021
United Healthcare is a good company and it offers several different Medicare Supplement plans. The question should be does mom have the best plan for her needs. The most comprehensive plan was Plan F but has been or will be discontinued (existing insureds are probably grandfathered.) we had Plan N which is similar, but has more out of pocket costs.

Medicaid is based on income plus assets. Don’t assume that mom will not qualify. You should meet with the your State’s Department of Human Services (free) to review her situation. Some States have an internet online questionnaire to do an initial anonymous determination. Also, she might qualify for your State’s Medicare Savings Program which is not Medicaid, but could help pay her premiums, deductible, and coinsurance.

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GardenArtist Sep 2021
Seems as if your primary question is whether, and which, Medicare supplement would be helpful.     I did a lot of research before we got BCBSM Medigap, and it's worked out quite well.   It doesn't cover prescriptions, but neither my father or I took meds unless it was absolutely necessary.   And they were so nominally priced that we wouldn't have gained anything from a plan that included them.

I still stick with BCBSM Medigap, although I may add the dental upgrade.    I've never had any problem with their coverage of their portion as well.  

I'm not familiar with United Health Care, but since I have no problems with BCBSM, for me there's no issue of considering something else.  

Good luck with your research.
lealonnie1 Sep 2021
My DH never took RX meds in his entire life. Not a one. This past year, after 3 major surgeries, his RX bills went thru the roof. After having a liver transplant in Feb or March of 2022, the anti rejection meds alone would be many thousands of dollars per month had we no RX insurance. Buying any Medicare program without prescription coverage is a recipe for disaster, with a capital D. All a person needs is for ONE health crisis to hit and BOOM, he's bankrupt thanks to Big Pharma and associated outrageous costs for medicine in the USA.
Just sayin.
JoAnn29 Sep 2021
Looks like she is just a little over what my State allows, a little more than $2300 a month. There is something called a Miller Trust (may go under a different name in ur State) where the xtra money goes into the trust and reverts back to Medicaid at her passing.

Her paying you rent should be in writing. This will protect you from a penalty period if she needs Medicaid at some point. Medicaid look back is 5 years and they want to see 5 yrs of statements. They will question any large sums of money withdrawn. So not gifting or her paying towards a remodel. Medicaid looks at a remodel as you benefiting from it when/if u sell. No loans either. So consulting with an elder lawyer maybe a good idea. Mom should assign you POA for financial and medical. Its a great tool to have but make sure she and you understand what a POA means. It does not mean you physically need to care for her and your not at her beck and call. There is an immediate and a springing. With immediate, as soon as she signs that paper you have the ability to controll her money. Not that you will but with Springing you need a doctor to find her incompetent to take control and in the time she's declared incompetent all kinds of things could happen. With immediate, you can take over anytime you feel its needed. I am immediate with my disabled nephew. I oversee his spending. As long as his bills are paid, he can do whatever he wants with what is left.

Medicare has nothing to do with Moms future care, its a health insurance. In my State if your on Medicaid for longterm care, you can drop your supplimental because Medicaid becomes your supplimental. Other states seem to require you retain your supplimental but your SS, that goes to the NH, needs to be adjusted so the premium gets paid. Family is not responsible for this. So there is no reason to change anything. And I hope she is paying for her suppliment and not you. Keep her straight Medicare. Be very wary of Medicare Advantages.

You are smart to get your ducks in a row now. Too many people don't consider that Medicaid could be in their future and do things that may effect being able to get it. Ex: selling a house and splitting the proceeds between the children then two years later needing Medicaid. First penalty, house needed to sell at Market Value. Second penalty, the money should have been put away for future care. Meaning, the person could have privately paid for care then applied for Medicaid.

Grandma1954 Sep 2021
Personally I think it is a good idea to consult with an attorney to make sure all paperwork is in order. In this case an Elder Care Attorney might be the best choice but a lawyer that does trusts, family law might be alright as well.
You will probably (actually she will pay) a bit more for an Elder Care Attorney but if this is not involved and mom is cognizant and willing and able to make decisions it might be just a 1 time visit.

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