How to spend down 10,000 legally to be eligible for Medicaid?

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I am the caretaker of a woman with dementia who has been in a nursing facility since April. Her son has been working on all her legal and financial matters and is still trying to get her to be eligible for Medicaid. He cannot get anyone at the facility to answer any of his questions about how he can legally spend down money that is holding things up. It is a small amount....Can he pay me for 2 years ahead? Can he make a donation in his mother's name? Can he use the money himself for a home improvement? He has been working on this for months and is at the end of his rope. Thank you

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Why has Sonny not paid the nursing home the $10,000 for his mother's care? It would have been gone in under 2 months, and his mother would be (legally) eligible for Medicaid. If he consults an elder law attorney, it will cost him nearly 1/2 of the $10,000. Is $5000 really worth being at the end of one's rope for 6 months? He has waited too long to do this, and is lucky that the nursing home she is in has not issued a 30 day notice of discharge.
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One of the best ways to spend down someone's money is to purchase an irrevocable burial plan for her (it must be irrevocable for Medicaid purposes.) You can spend the money on anything for her care, such as paying the nursing home. You can buy her clothes, hearing aids, glasses, dentures in other words anything for her. Be sure and keep your receipts so you can show Medicaid the money went for her care.
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JoAnn29: I'm with you on that day one! The $10K should have been used up. My late mother"s NH ran @ $410/day.
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I am taking care of mom in Ohio, we had her assessed for Medicaid 3 times, because of spend down, she never met the qualifications then about a month ago Medicaid stopped the spend down, so had to apply again. It was awful to go through, but finally got her approved for assisted living, but had to do a waiver. Don't quit, Our government sucks but I fought for my mother's rights and all seniors should have the care they deserve and worked for all their lives! I wish you the best and hang in there
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I don't understand. The facility should have eaten up the $10,000 by now.
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This is what I did as a POA for my mother who went to live in a Memory Care Facility... her possessions and stocks were sold/cashed in. I paid for her monthly care and other bills (insurance, medicines, etc.) until her funds were hovering about $20,000 (she needed to be below $2000 to qualify for Medicaid in WI) so then I prepaid 2 months of her care at the facility, took her to 2 specialists - for her foot and an oral care dentist, purchased a yearly subscription for 2 of her newspapers she gets, bought her some new clothes and toiletries she needed at her facility, and then when the amount was under $2000, including the next month's SS benefit, I submitted the form. That gave the State 2 months to work on her Medicaid application, and in the end it worked out fine. So my advice is to think of what the women needs and act accordingly and to check with the facility about paying 2 months instead of one month to use some of the funds up and allow the State enough time to process the application. Also, I set aside (stipulated by law) $1500 for burial as my mother is going to donate her body to science and this is the limit here in WI. I realize that elder attorneys may be one way to go, but I went to a free county service (Aging Disabilites Resource Center) to get advice how to spend down. I also filled out the form 6 mo. ahead of time to ensure I was doing it accurately and then was ready when the time came. My mother had nothing else to support her financially so I knew the importance of doing everything accurately and legally. I also (althought the specialist at the Aging Resource Center told me I did not need to do this) printed off the last 5 years of my mother's banking informatin (savings/checking) and after each item, I wrote what the money was for/from. P.S. If I did not purchase the 2 months to allow the State 60 days to process, etc. I don't feel the Medicaid application would have been processed in time. As it was they called me after about 10 days wondering where the form was (I had called the person who I was to turn it in to on the 1st of the month but it took her 10 days to get around to looking at the form and it was misplaced)... and the application was rejected twice.... Once, as the burial amount needed to be notorized... no one told me that... and another time she needed an additional letter from the VA about her break-down of VA funds. (Again, this was not told to me.) So in the end it worked out and all is well. I hope this helps. Good Luck!
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Go to Medicaid.gov. Search spend down requirements for your particular state.
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Ady1955, My approach to Your Question is if every One bent the rules like that Lady's Son intends doing, Your Country would go Bankrupt with the demand that there is for places in Nursing Care Homes. We cand bend or break the rules for Our own Personal gain. It could be considered fraud. My Late Mother and I saved for years to have a fund on stand by so that if She ever kneeded to go into full time Care the money was there in the Bank for Mam's use. Sadly Mother passed away while on Her first RESTBITE Care stay last June, Rest in peace. What I'm saying Ady is that We must try to do the right thing.
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Just one thought. I worked as a private duty nurse for several patients in a nursing facility because the family wanted someone with their loved one at all times. My agency was paid by the family. Unless the facility prohibits this practice, but I don't think they can, then this caregiver can check on mom daily with son's approval. What is preventing the Medicaid application? Only the state can provide that information and hiring an attorney will surely deplete $10K quickly...
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ady1955, not just consult "his lawyer" -- he really and truly needs to consult a specialist in Elder Law. Perhaps his attorney could refer him. He would pay for this with Mother's funds, since he is doing this on her behalf.
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