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I am my mother's power of attorney. Met with an elder care attorney today to discuss mother's assets. The elder care attorney says that my mother's home and financial assets can be transferred into my brother's name (who is disabled due to health issues), and these assets can be set up in a trust and be exempt from Medical Assistance. After the trusts are established, the attorney will assist in the application for Medical Assistance. The resources that are set up in the trusts will not be touched. Our mother is currently in a nursing home which has been paid for by Medicare, but she only has perhaps another week left of Medicare eligibility, and then she will be Long Term Care. Any thoughts or advice?

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Oh malloryg8r I am sorry....I guess seeing assets and medicad I could ask also....I'll do as you suggested...sorry for interrupting this forum. ..
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Sandy55, the answers to the original poster only apply to her specific situation--please post your question/concerns as a new entry and get answers specific to your situation. NO, you do not ordinarily get to inherit your parent's home (there are very few people who can, it is usually only possible to pass assets to disabled children IF there is a Trust set up restricting the assets to be used for the disabled child's Care only). All senior's assets are to be used for their own care, whether they sell it now, or Medicaid recovers it later.
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There are elder care attorneys that specialize in protection and conserving assets that are ethical and help extend the elderly person's assets. One way to do this is by the Medical Assistance Waiver Program. If the person is in a nursing home, Medical Assistance will pay for the individual to live at home, or partial costs to live in an assisted living facility. The individual's assets can be used to pay the remainder of the costs; thus, extending their assets.
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Why not do the honest thing and spend their assets for their care. Then, if they outlive those assets, the taxpayers will be roped into help via Medicaid, but it seems to me that the taxpayers should be protected before an inheritance - although of course a disabled child makes a difference. But I don't agree that in general maneuvers are ok to dump the burden on the taxpayers and hand assets to heirs.
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So just a living trust where if my dad passes my mom takes it over and if she passes my brother does and he passed in 2013 so it would be me their daughter...but if parents have to go to a home or asst living does government have the right to their assets and property? They are late 80's. ..mom is a stroke patient and dad has some demintia and its getting hard to keep taking care of them both...of I course I will as long as I can but I know the time may come that will need to get special care...what can I expect medicad to do with their assets...its a regular family trust already in writting from a lawyer years ago...
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I will definitely keep everyone apprised of my progress with this. Thank you very much for your advice!! I plan to speak with my attorney this week!
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As ABLE legislation is spanking new, I'd Google as much as possible on what it is and is designed to do, as your legal may not be tippy-top current on this. My cousins legal is very competent legal but the firm is very much estate law practice (excellent at trusts) but not so much disability oriented. And atop this, it is often that the disability legal firms are more about getting someone who is being rejected by SS for SSDI to get qualified, thats a very different disability than for one who is disabled from childhood or early adulthood. ABLE, if it allows for any childhood LD's - in addition to MS, CP type of more profound disabilities - to be a qualifier to set an ABLE up, well I'd bet it is going to be done a lot by the well off for their grandkids or kids as just good financial planning.

If you would, post what you find out about all this & your brother. We all learn from each other, thanks & good luck.
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I will definitely ask about ABLE. Meeting with attorney again next week!
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Hope you have place this plan into action. If your brother was not disabled none of this could or would have been able to be done. It is fortunate for all that this attorney know how to structure this.

The only possible thing to think about is IF your brothers disability is from birth to early adulthood and IF SO he may be able to get some additional funds set aside in an ABLE account for his future use. ABLE is new for 2015 - law passed last year - what it does in enable those that qualify to be able to set aside up to 14K a year in an account that does NOT could against them for Medicaid eligibility. This is a huge shift change for disabled when young to actually have money outside of a SNT. It's 14 K a year and I think can build to 100K max - funds have to go into set banking within your state - kinda like how SBA has only select banks that do SBA funding. As the attorney if he's familiar with what ABLE is poised to do and IF it could be of benefit for your brother. I'm a trustee for an older cousin who was a 1950's polio case - he has SNT set up by his late parents, we are considering moving SNT to an ABLE each year to defund trust sooner - he's totally competent just not physically well so the ABLE would let him spend his money as opposed to all this being a trust layered decision. Ask about ABLE, ok?
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You are on the right track by getting a good attorney and establishing the Trust. Maryland does allow the disabled adult son to remain in her home making that a "hardship exemption". But the assets won't go in his name, they will be in a Trust or else they would be a rather large gift and trigger a Medicaid penalty. Nor can he sell the house, he is just guaranteed a home.
Hopefully, Medicaid Estate Recovery Program (MERP) in Maryland will not expand beyond the probate part of her estate. IF new laws are passed, you may have to sit down with the attorney and make some changes.
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Move as quickly as you can to follow the attorney's advice.
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