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I have a Revocable Trust for my mom’s money. She uses that money to pay for rent at her apartment. She lives on her SS check and I give her enough money to cover rent for several months. She can’t have more than $2,000 in her account or she would be disqualified for Medicaid should she need it. How do I pay her rent but not raise any future questions that could arise if she needed Medicaid suddenly? She doesn’t have a lot of money but I would like to protect it for medications, laundry needs or even a private room for her in a nursing facility if the need comes up.

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There are several ways to protect her money but a revocable trust won't do it. With a revocable trust she still has certain control of it. She can rescind the trust at any time, change or remove beneficiaries, change the stipulations etc. The money is also available to creditors. The most popular way is for your mom to create an irrevocable trust. An IRT is set in stone once it is signed and removes all control of the trust from mom and places it in your control. She has no access to it. You can use the money in such a trust only in her best interest. You would have to account for any expenditures. I have an IRT that my son wrote a check from to pay off my mortgage. An IRT also protects the owner from Medicaid estate recovery. However, beware the Medicaid lookback period. If the trust was created with the 5 yr lookback, it won't be protected, or a portion may be but you may have to pay a penalty if you apply for medicaid with that 5 yrs.
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Reply to sjplegacy
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My parents had money from 2 stocks and when my father fell & broke his hip, he had to go into Assisted Living. He transferred those stocks to me so I could manage his finances as he was no longer able to. I cashed the stocks out, and have been using that money to finance their stay in Assisted Living since 2014, along with SSI and a VA Aid & Attendance Benefit. If I wanted to swindle the government, I would have applied for Medicaid in 2019, after the 5 year look-back period expired, and had my mother placed into a Skilled Nursing Facility on the state's dime. Instead, I'm paying for her (dad died in 2015) care until that money runs out, which should be some time in 2021. I'm using that money NOW to have her stay in a private room at a privately owned ALF which is wonderful. If and when the time comes that her money runs out, THEN she will go into the SNF in a shared room on Medicaid. But not until then. And I won't get an inheritance, which is fine. The way I figure it, this was my father's sweat and blood money he earned for THEIR old age, which is precisely what it's being used for.

If/when she goes into the SNF on Medicaid, I will use my OWN money to get her things she wants like snacks. All the rest of her needs including medication will be paid for by Medicaid.
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Reply to lealonnie1
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Isthisrealyreal Oct 6, 2020
Her personal needs account can buy her snacks and such.
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If she has assets they should be used to pay for her care only.
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Reply to Bridger46164
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You don't. Medicaid fraud is a serious crime. Her money is for her care. Do not try to hide assets.
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Reply to ZippyZee
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FloridaDD Oct 6, 2020
I don't see any talk of fraud.  OP asked for suggestions, and hard to give any without better understanding of this trust (did mom set it up or no)
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A revocable trust is countable assets, so she won't qualify anyway.

If she needs Medicaid it should only be after her resources are exhausted. She doesn't get to have special privileges on taxpayer money. And you don't get to have an inheritance.

Her money is for her care, period. When it is gone then she is entitled to public assistance, not before.
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Reply to Isthisrealyreal
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I don't know what you mean by "I have a revocable trust for my Mom's money." I am pretty certain that is wrongly stated (at least I hope so). I think you meant that your mother has a revocable trust, and that you are appointed Trustee of it now? Actually I am not certain what you mean and would like a update explaining.
You should not be using your own money unless you are independently wealthy and by that I mean way over a million. You will need every single cent you can save for your own future. Your Mother's money should bed used for her own care during her own life. As Cali says, when she is on the State because her money is gone then things will be taken care of for her to the level they are. While she is younger it would be better she use her money to insure she has a good quality of life. When she passes the State will come to you and you will be beholden to tell them what your mother has in assets, and they will inform you about recovery of medicaid funds. Do not ever attempt to hide assets.It is not only a huge mistake, but it is not very moral. If you are her POA then you are responsible to keep meticulous records of all her assets, of monies coming into her accounts and of money outgoing.
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Reply to AlvaDeer
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Her money is to be used for her care. You won’t be able to afford to private room at a care facility for her on SS only. If she’s going to need Medicaid in the next 5 years then as long as her money is spent on her living expenses, the lookback period won’t be an issue. But you won’t be able to save thousands of dollars and still get her on long term care Medicaid. Once she’s on Medicaid, she won’t need money for medications. And some states will not allow the family of a person on Medicaid to pay the difference between a shared room and a private room. So if she’s in a care facility on Medicaid, a private room may not be an option.
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Reply to worriedinCali
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