I take care of my elderly father. If he depletes his assets by paying me for his care, will he still have to wait 30 months for Medicaid?

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Probably. I'd see an estate attorney about this - one who knows Medicaid well. Also, have any payment agreement drawn up legally. That might help. Still, you should have the help of an attorney who knows Medicaid laws - and your state laws.
Carol
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In most states, a parent can pay the child for needed care, if there is a written contract and the amount being paid is in line with what a private non-family member caregiver would charge.

There is no "30-month" waiting period for Medicaid. I think you are confusing this with the penalty for making a gift, which USED to be 30 months. Now, there is no limit on the length of time of a penalty, if the parent applies for Medicaid within 60 months of making a gift. The length of time of the penalty is determined by dividing the value of the gift by the average cost of a nursing home in the state where the parent resides (this number is set by the state).

Thus, if there is a need for the child to care for the parent, indeed it could be a good way to decrease the parent's countable assets down to the level that Medicaid requires.
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If I may, I would suggest you take a look at my book, which is filled with information about this topic! It is available here: MedicaidSecrets.com. Best of luck with everything!
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Ok. I am a License Real Estate Broker in a small rural area. I am not a grammer teacher. And by the way, I did ,contact legal aid. they do NOT get involved with civil issues. And Real Estate is NOT the best field for stable income. When my husband was alive, that was a different story, I had a back up support. Real Estate started toward a downhill slide, during this time, it got harder and harder to close a transaction, requirements got stiffer, appraisers got stricker because of all the repos's. There was a time when I made very well in Real Estate. I am glad I had printed out contract forms, just for people like you that would pick my spelling and grammer apart. The other side of the story. I will give you some of the brothers and sisters name including her family if you doubt me. You apparantly never did any extensive caregiving, you would not be so hard on some of these comments. I helped my husband, my brother and a grandmother. So have a little compassion for those that are doing their best. Thank God there is still a few compassionate love ones that do care, even without the help or support of their family. Those members that come around once or twice a year, and make statements that they have a life, needs to be reminded that their Mother and Father had a life to. May God Bless all those caregivers out there, someone does care! The person you are taking care of, and God knows, sometimes we think he may have forgotten us, but he is there And again I will say it takes a very SPECIAL PERSON to be a good caregiver. Needless to say I know that not all caregivers are good. But not all Doctors or attorneys are either. Ann
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Boy N1K2R3....aren't YOU just a ray of friggin sunshine!!!
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It is imperative to contact an elderlaw attorney to determine what you can and cannot do so he can qualify in the shortest period of time. Talking w/your accountant is also necessary. Please try to let the ugly comments above slide off your back. Unless someone has been in your shoes, s/he has no idea of the work and expense involved in caring for your dad and your own personal financial situation. All the best......
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Sometimes education and wealth could use a side order of tact and good manners.
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For sure many of us understand that a poor experience with the legal system is more the norm than the exception, especially in the case of elder issues.

In a civil suit, I also phoned around to all the "helpful agencies" and many lawyers. Nope - nobody interested in a civil suit. If somebody "hit" my dad, they would be all there. If someone was just starving him to death slowly, well -- get back to us when he's really out of it.

And for all those "helpful" persons out there suggesting to contact lawyers. Let's have a reality check handy. I'd have loved to, but $5,000, $15,000, 25,000 retainers and $200-500/per hour to talk and email them is unfortunately a bit out of budget. The answer from the legal establishment is, too bad. Go into debt to pay us.

The lawyer I did initially find, a registered elder attorney and referred by the head of an agency -- declined to be involved after the documents HE drew up came into question. And thus, I was "introduced" to our fine legal system.

By the way, there was nothing wrong with the documents he drew up, they were fine and appropriate. He just didn't want to be involved in defending accusations against it, said his specialty wasn't "litigation."

Please let's not pick on other's writing here, we're not writing a book here. Comprende. Wakatemaska? Pardon 'oui.

I really can't believe someone harped about someone else's writing, although there was an attempt to link this criticism to real-estate broker skills. Do we for the first time have a troll here? (That's an internet term for someone who posts comments just to upset others and for no other real purpose.)

Now back to the topic at hand, yes I think the 30-months and "lookback" period may or may not come up, but who cares! IF you document everything and use appropriate fees and charges.

I'm in a similar situation myself, so this is a good forum to gather advice from others. I would and do gladly provide for my father, but we seem to live in a "paper" world, with some very ...not nice... people.

Wouldn't it be nice if SOMEWHERE in all those tax publications there was a guideline for how to account for our elder care expenses, tables of appropriate fees and costs estimations, explanations of how to take credits and in effect properly engage with the tax system and medicaid system for elderly care. Is there?
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Shirley Ann,

I checked with my accountant 5 years ago when Mom moved in with me and since my mother receives social security, and I do not provide 100% of her expenses, she cannot be claimed as a dependent under the tax code. Also, you can only get back from the IRS what you paid in. If you only paid $600 for example, you could not get more back. $600 a year doesn't go a long way to pay for medication, food, clothes, respite care, etc. It disappoints me when I read comments like those from NIK2RS. The comments were not helpful for researching what exact help is available. I have no doubt NIK2RS is educated, caring and generous, but the comments need to have more substance and more supportive. The intent of the comments are easily misunderstood.
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Hi Sarah,
Boy this comment has ruffled a few feather!!!!! When in the moment of care and passion- who gives a "rat ass" about spelling and grammer???? It's moot( probably spelled it wrong and should be mote-mute- who cares!). What I do care about is you. Gabriel Hesser had sound advice. Follow up on what he advised. Each state is different and when it comes to this web site we need to keep in mind that legal issues will vary from state to state when it comes to Medicaid care. Speak with a local attorney and the Alliance on Aging. God luck and G-d bless.Spell check is so overrated!
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n1k2r3 aka Norene -

I do not understand your motivation behind your rude unhelpful comments.

You write psychologically as an immature mid-western male.
Are you rude simply because you are "a boy named Sue"?
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