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I think in Florida, and every state is likely different, the trustee can only give the elderly one the amount the state allows for personal needs, I think currently 130.   The rest goes to the NH.  Agree with Joann, house will have to be sold, etc.
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Reply to FloridaDD
JoAnn29 Sep 30, 2020
I think u mean the Personal Needs Acct. Which works the way to describe. The Miller Trust is set up when the monthly income is more than the Medicaid cap. Needs a lawyer to set up.
A Miller Trust is only set up when a person is entering a NH with Medicaid paying for the care. Lets say the Medicaid cap is 2300 but Mom brings in 2500. The 200 difference goes to the Trust and can only be used for Mom personally. When she passes, the trust reverts back to Medicaid.

Moms Social Security and any pension will be used to offset Moms care at the NH. She will not be able to pay her bills or the Mortgage because she has no money. Family is not responsible to pay the outstanding bills. The house, unless someone is willing to pay upkeep and the Mortgage, will need to be sold at Market Value. At that time the mortgage can be paid off. Not sure about outstanding bills. I know its hard to get reimbursed for out of pocket. Even with keeping good records. This maybe the area u will need a lawyer and his fees may be able to be deducted from the sale of the house.
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Reply to JoAnn29

I assume the trust is for someone for whom you're providing care?  Has it actually been executed, or is it still in contemplation stage?

I think the best solution for you is to have a meeting with the attorney who prepared the trust, or will be preparing it, so it can be explained in detail.  Make a list of ALL your questions before getting together with the attorney though.
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Reply to GardenArtist

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