An elderly Korean war veteran is about to lose his Medicaid benefits because of increased income. How can I help?

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This veteran is currently in a nursing facility. He receives income from his service in the Korean war, Social Security, and an investment account at Edward Jones. He is over 80 and is required to take distributions. His wife still lives at home with some in-home care and she also receives Social Security plus her required distribution from the investment account.

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He needs to ASAP look at if a qualified income trust (aka a Miller Trust) can be done for some of his income sources. It maybe could just be his SS, that would qualify and be the simplest imo.

What Miller does basically is this:
Mom gets $3500 a mo income. It’s $1500 SS, 1k pension and $500 annuity distribution. Medicaid monthly income maximum is $2100. So mom’s over by $1400. Mom get the SS to instead of being paid to her is paid to the Miller Trust. SS works as it’s a qualified valid eligible income source. Miller technically is paid not mom. So all ok for Medicaid. All income still goes to the NH as the required co pay. If there is any overage from the Miller, the state is the beneficiary. Realistically it’s not a diy, you need an elder law atty.

Personally I think it would be good to meet with an atty. anyways to review their overall situation. Having a community spouse poses very different planning & problems. It would be good to have a detailed look over of what their doing now and then do a Miller to get around Medicaid purgatory.
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