Medicaid eligibility. Any advice? - AgingCare.com

Medicaid eligibility. Any advice?

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My father in law is disabled and desperately in need of a nursing home. He does not qualify for VA benefits due to pensions and there is another disturbing wrinkle. Before his health worsened, he took a reverse mortgage on his home and dispersed all of those funds to his children. We have been told that due to this, he cannot qualify for Medicaid for five years. Is there not some sort of beneficiary clause that would allow him to still qualify since he did not retain ANY of the proceeds? He does not have enough income to allow for nursing home costs. Any sort of special needs trust that could help him?

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Larry...

1. If your father is a veteran many states have State Veteran Nursing Homes for non-service connected care. There is no income/asset requirement and no penalty for divestiture of assets. Check here: http://www.va.gov/geriatrics/guide/longtermcare/State_Veterans_Homes.asp

2. Every state has "hardship" provisions when it come to Medicaid eligibility for nursing home benefits. If assets were given away prior to application not for the purpose of attempting eligibility and are not retrievable it is quite possible that you father will qualify.
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What did the adult children do with the money that was distributed to them? Apply for Medicaid. See how long the penalty period is. Can the kids who got the money fund nh costs until Medicaid kicks in? Either consult a knowledgeable elder attorney or the sw at your nh of choice.
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Well, somebody's going to have to step up. Look to the children who received those gifts.

It's not that he's not eligible for Medicaid for five years, it's that Medicaid does a five-year look back. Let's say the average cost for a nursing home in your area is $6,000 a month and he gave away $60,000. Medicaid will exclude his first ten months of nursing home costs. And that's AFTER he's spent down his assets.

Perhaps his children should take home equity loans to repay their dad for his very foolish, but well-intended, generosity. Very sad. Who the **** does that?? "Here, kids, I just borrowed this money off my house. Enjoy." Lord in Heaven.

He owns a home. He sells it. Perhaps assisted living will work for him from his own funds. The average SS check is $1200 a month, and you say he has pensionS besides. Don't know what kinds of services he needs, but you can buy those a la carte from an ALF. Here in the Chicago area, a friend's brother was in assisted living. He paid $3300 a month. He was incontinent; included medication preparation and administration daily; three great meals; social activities; diapers and changing since he was incontinent. Look into some of those.

Help him put his house on the market, take up a collection with his kids and get him the help he needs.
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Larry, the crux of this situation is the " we have been told" part. who told you? A lawyer? A nursing home? If that's what you were told, either you didn't understand what was being said, or it was an unreliable source. Please get some real understandable information from someone who knows about this stuff.
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Oh, my, we have had to take mom's checkbook away to stop her from gifting things away. IMO, the kids have to pay it back or abide by the unwritten but deeply implied obligation to take care of her by accepting that gift. Emily Post would agree.
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