Cost for facilities are so expensive our money will not last long. How about care for myself down the road? There may not be any funds left. We have no Long Term Insurance.
See an elder law attorney to assist with financial planning and Medicaid. You will not lose your home, Medicaid will place liens on it to recoup care expenses. You can remain in the house.
Medicaid planning when here is a CS - Community Spouse- is complex. You need an attorney to review your situation come up with options BEFORE a Medicaid application is ever done. Medicaid does not expect the CS to themselves become impoverished. Only the NH spouse needs to be. But how to best do that is not a DIY.
Agreed with suggestions about NAELA attorneys, but keep in mind that not all are the same. Some good, some not. Most give you a free consultation first, so call up 4-5 and pretend you want to do business with them. From each free session, you will learn more and more what to ask and compare your notes on them. Hopefully, you will arrive at one that suits you the best.
Do research on them online. Three immediate questions to ask all of them are: Are they certified? How much experience do they have with Medicaid planning? Can they respond to questions by email and quickly? I find email answers are useful because I can always go back to them to reread their answers. You wont remember every little fact they tell you verbally.
It is imperative to get an elder attorney, and I agree, they are not all the same. I saw three before I chose one, and feel like I got really lucky. Depending on the rules in your state, there are a number of things that can be done to protect your assets. In some cases, a judge can issue a protective order that would allow you to keep everything and your husband would immediately qualify for Medicaid. Good luck, it’s a long journey.
More than likely, you are going to lose his Social Security check to the facility. If you are low income, your State probably has a program to assist you with his care But, they will count on his Social Security first. As for not being able to keep your home, I would tell you to call your State Senators office and ask him or her office what the Bill is called allowing you funds to save your home . I pray your state has this program. If they do, call them and start the process. There is also a program to assist you to set up your taxes to be paid WHEN you SELL your home. That would reduce your monthly payment. HOWEVER...Remember you will have to pay this back to state when you sell It would be a lien on your home. BEST WISHES
Had the same concern about losing my home. I see the funds going down fast after two years in ALZ care facility. My understanding is when all his savings are gone a lien will be placed on our home. I cannot be forced out of my home or left without any funds to continue to live here. When I pass the funds owed to the facility will be paid from the estate. Whatever is left after that goes to family.
You definitely need to see an elder law attorney for Medicaid planning. You need a good lawyer. Here's my recommendation on how to make sure you get a competent lawyer.
Contact your local chapter of the Alzheimer's association. They all have support groups. Join one. Even if it's temporary. Even if your spouse has not be diagnosed with Alzheimer's per se. The reason for this is, they have resources. They have relationships with reputable elder law attorneys. Often, these attorneys do free Medicaid planning seminars or informational sessions for support group members. Attend one (or two) and ask a lot of questions. These attorneys have been vetted by the Alzheimer's association, and often, their firms are accepting new clients.
That should really be your first step. Good luck. And if there is no seminar scheduled, ask for whatever information they have from previous seminars, or simply ask them for a referral. Their whole purpose is to help the people dealing with cognitive impairment, and their families.
I'll add that I have attended 3 of these seminars and the attorney explained how the community spouse is able to keep the house and virtually all the assets, but this HAS to be set up right.
Agreed with others about losing his Social Sec chk to nursing home. And depending on which state your husband’s nursing home is located, your own pension could also be considered as part of his assets. My attorney told me that if I choose a nursing home in our state of MD, my retirement acct will be considered as his assets. But if we chose a home in DC, it wont be. It all depends on your state.
Oregon - regarding his “SS to go to the NH”, it’s not necessarily that for a CS.... YES, If one is on NH Medicaid there is a copay or SOC (share of cost) in which they are expected to have their monthly income - like SS - to be paid to the NH less a small personal needs allowance (pna varies by state) HOWEVER, if there’s a CS, the CS can get CSRA or MMNA. Community spouse resource allowance / assessment; minimum monthly maintenance allowance / assessment. Think of CSRA & MMNA as kinda like alimony for CS. The amount & what it’s called varies by state (just like PNA varies by state).
Like for TX, it’s MMNA & can be as high as $2900. Yeah up to $2,900 of NH spouses mo. income can be determined to go to MMNA first & foremost as the CS atty files documentation to show they need it. Who likely benefits from MMNA imo are CS with dependents or there’s a working ranch. Whatever it’s not a DIY to wade through. There was a someone on AC whose mom got all but $38.00 of the NH spouses SS as there was a mortgage & a dependent & the NH spouse still got his PNA.
CSRA MMNA is a different $ stream than the CS allowed exempt asset funds. Those for most states are a max of $119k.
As others have stated, Medicaid planning is not a a do-it-yourself task, because of the complexities of both the federal and state laws, regulations, and practices. However, it is a good idea to arm yourself with knowledge of what the rules are and what the possibilities are to protect your assets, before you visit with an elder law attorney. Indeed, I even include a section of my book that gives some tips on how to find a good attorney. (www.MedicaidSecrets.com) Good luck!!
Dear Veri, see an elder law attorney as soon as possible, please take one or two others with you for the interview, you are hiring a consultant and you should feel that they know what they are doing and have back up to help you with this assessment, you are going through a tremendous life change and have loads on your mind, so know that you will be getting lots of information and in the best of times it is hard to follow what an attorney explains. Ask if the meeting can be recorded and inform them you will be bringing an advocate or two to help you, if they say no to either, look elsewhere for an attorney, I have had some very trying situations because I didn't do the above and attorney said one thing in interview, after I gave the retainer the story changed, so please protect yourself and cover your back, not all attorneys have good integrity. I hate if I sound angry or bitter, I'm not anymore, but I want to help others avoid being jerked around by an unscrupulous attorney. Good luck and please let us know how it all turns out.
I’ll be honest. I talked to at least 3 elder attorneys in Colo who specialize in Medicaid/elder care planning (supposedly) and got conflicting info. on several questions. It’s frustrating when you are left wondering what to believe. Lots of undereducated attorneys out there charging hundreds of dollars an hour to provide bad information. The internet is the same but at least the bad advice is free.
I’d suggest you get an atty who is CELA or NAELA.
Do research on them online. Three immediate questions to ask all of them are: Are they certified? How much experience do they have with Medicaid planning? Can they respond to questions by email and quickly? I find email answers are useful because I can always go back to them to reread their answers. You wont remember every little fact they tell you verbally.
Good luck.
Contact your local chapter of the Alzheimer's association. They all have support groups. Join one. Even if it's temporary. Even if your spouse has not be diagnosed with Alzheimer's per se. The reason for this is, they have resources. They have relationships with reputable elder law attorneys. Often, these attorneys do free Medicaid planning seminars or informational sessions for support group members. Attend one (or two) and ask a lot of questions. These attorneys have been vetted by the Alzheimer's association, and often, their firms are accepting new clients.
That should really be your first step. Good luck. And if there is no seminar scheduled, ask for whatever information they have from previous seminars, or simply ask them for a referral. Their whole purpose is to help the people dealing with cognitive impairment, and their families.
But as long as you retain your rights to live in the home, as long as you live, I was told they cannot take it from you until after your own passing.
Elder Lawyer time.
YES, If one is on NH Medicaid there is a copay or SOC (share of cost) in which they are expected to have their monthly income - like SS - to be paid to the NH less a small personal needs allowance (pna varies by state)
HOWEVER, if there’s a CS, the CS can get CSRA or MMNA. Community spouse resource allowance / assessment; minimum monthly maintenance allowance / assessment. Think of CSRA & MMNA as kinda like alimony for CS. The amount & what it’s called varies by state (just like PNA varies by state).
Like for TX, it’s MMNA & can be as high as $2900. Yeah up to $2,900 of NH spouses mo. income can be determined to go to MMNA first & foremost as the CS atty files documentation to show they need it. Who likely benefits from MMNA imo are CS with dependents or there’s a working ranch. Whatever it’s not a DIY to wade through. There was a someone on AC whose mom got all but $38.00 of the NH spouses SS as there was a mortgage & a dependent & the NH spouse still got his PNA.
CSRA MMNA is a different $ stream than the CS allowed exempt asset funds. Those for most states are a max of $119k.
Really CS medicaid planning not a DIY.