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Thank you for your help in.Peace
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Oh....that money you gave to your sons will count against her ability to get Medicaid.

You are not allowed to give away your assets and then expect the taxpayers to pay for Mom.

Don't like the law? Quit voting for the politicians that have been gutting the social safety nets for years. Sadly, the stereotype of the minority welfare queen living on the taxpayer dollars while popping babies every year has been sold to the public. The VAST MAJORITY of "welfare" (meaning social programs for the needy) goes to help the elderly and indigent just like your Mom and mine. Worked their whole lives only to lose it all to a for profit medical system! Yet another way to transfer the inheritance from one generation into the pocket of the corporations and the stock holders, But the stereotype was totally believed....so...now those rotten welfare queens cannot get help when they need it...meaning again..your Mom and mine.

Ok...that was my rant

You must use all of your Moms money and assets first..then Medicaid takes over.
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My mom is 82 and in a nursing home rehab,but the Dr who looked at her said she needs 24/7 care now.I am starting the medicaid application process.She doesn't have much,only social security monthly checks.There was $15000 left in an annuity I cashed out about 6 months ago,and she wanted my sons to get most of that,so gave it to my sons fr college.What will happen when the medicaid people see that amount was withdrawn form her checking account?
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The taxpayer pays plenty of taxes so that their parents home shouldn't be taken from them. It's too bad the government sees fit to spend billions of dollars a month on airplanes that don't fly and invading and blowing up entire countries instead of caring for their people like other industrialized countries. Stop the fox news talking points. I hope people wake up and realize that if you pay 5000 dollars in taxes 4000 goes to the war machine the rest goes for domestic things. Totally unfair.
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Mouseyluv, it is difficult to see parent having worked all their lives to pay for a home only to have it in jeopardy when they need care. It is well work the cost of a short appointment with an elder care attorney to help you sort through this. As for your son, you have a lot to deal with with your health and your mom. If you are religious, hand up this problem to God. If you're not, trust you've taught him well, know that he needs to make his own way and mistakes.
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Clecher, I was responding to the original post, which I just realized is from 2010.
Your situation is different. You may be able to get help from VA, or various groups that aid military families.
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Ismiami....thanks for responding to my problem...Unfortunately my husband earns in the 6 figure income but we have so many medical expenses and our daughters suport, college and insurance. I'm middle class and not old enough to qualify for help and this is going to bankrupt us and I hate that for my husband. And as far as taxes go, we pay almost $30,000 a year. There has to be something to help us. I'm very lucky in my living status but my health really sucks.
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There is help for people without assets. There is no program to protect your inheritance. The taxpayer is not going to be burdened to subsidize you, only the needy.
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I am only 54 years old and don't qualify for Medicaide/Medicare. Due to my husbands military career, I do not qualify for Social Security Disability as I have not been in the country long enough or worked enough "hours" in the last 10 years to qualify. I only need 3-5 hours companionship help, cooking, laundry, washing my hair,lifting water from the garage to the fridge, picking up mail and light grocery shopping. My husband is a retired (20 years) LtCol (corp of Engineers) and currently is a civilian facilities engineer working overseas. The Naval base is remote and does not have adequate medical care and won't let me come to the island at all as I am a high medivac risk. We also have a 21 year old daughter in college. So where do I go from here? Bankrupt my husband and all he has saved for our retirement that I won't live to participate in.
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A person with their own home and minimal assets (under $2,000 in cash plus personal property, a car, etc.) will very likely qualify for Medicaid if there is a medical need, also. However, what people fail to recognize is that upon the death of the person who received Medicaid while in the nursing home, the state will attempt to recoup its payments by filing a claim against that house. If the house is in the estate of the deceased former Medicaid recipient, then it will have to be sold to pay back the state.
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Can someone answer this question. If I only own a one family home that I live in and have minimum additional assets will I qualify for medicaid? or will the (state) take over my home.
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If your mother's name is not on the house you live in, that is a good situation. Otherwise, the state would have to make a claim against her house following her death, to recoup all its Medicaid payments it made on her behalf.

As far as the bank accounts, a joint account is viewed as being owned 100% by the Medicaid applicant except to the extent you can prove the funds originated from someone other than the applicant. So in your case, you should be prepared to show where the money in the joint account came from.

If purchases were made with your mother's credit cards for her own benefit, that is not a problem. If the purchases were for the benefit of someone else, they can be deemed to be gifts from your mother. As such, any gifts made within 5 years of her application for Medicaid could result in a penalty period.
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Just starting medicaid procedure for mom, will go to a lawyer. She has lived with me for 20 years and we share everything. Her name is not on anything but our checking account is together (for some things) and I have used her credit cards for things we needed with her total knowledge. Will I be in trouble with medicaid?
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As an elder law attorney I might be biased, but...I would say that the cost of an elder law attorney who specializes in Medicaid planning is well worth the money. Some charge a flat fee for an entire plan while others charge by the hour. Be sure to discuss fees in advance so you know what you are getting into before the first appointment. If the person who needs to apply for Medicaid really has no money then as stated above they will immediately qualify for Medicaid.
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Ada, if your mother doesn't have money for her meds, she will probably qualify for Medicaid with or without seeing an attorney. Did "every agency" include your county's social services? Your state's Aging council? What question were you asking that no one has the answer for? I know that your post was a couple of months ago. Have you found some answers by now?
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An Elder Care attorney is SOOOOOOO expensive - how do you find $600 to pay for one consultation when I don't have the money to even pay for mom's meds. I've called and emailed every agency, attorney referrals and no one has the answer. I've taken out a life insurance policy on myself (at this point with all the stress) I will probably die before she does. I am worth more dead than alive. My husband is the beneficiary of this policy and it is his mom that we care for (monetarily, physically, EVERYTHING) round the clock - he will decide what to do with the money - at least that won't be a continuing burden for him. I love him.
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My Mom worked till she was 70 yrs old. DX 3 yrs later for Alzheimers and the only chioce given was sell your property which now she would lose more than half on, use that money and apply again. She is 78 yrs old. Why lose more than 80.000 dollars.
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It is so important to plan early we went to a seminair years ago and started planning even though the lawyer turned out to be slick and his answers changed after he got a good chunk of money to set up things at least one thing he did right and us -we did the work actually was to put our home in a trust then many years later -more than 5 we were or I was starting to apply for medicaide and I think anyone over say 55 should go over the form your eyes will be opened for sure -my husband died before I got very far with the application but everyone should be aware of what planning they need to do early on if you have family one of my friends said her lawyer told her nothing has to be done until one of them is in a nursing home which shows what some lawyers will tell people and she did not want any info from me. The present thinking is that all our assests should be for OUR old age and not to even think about leaving anything for your families that is the governments thinking which usually happens because people do not want to face getting older and sick and their death.
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Hi GrabrielKeiser,

I think people are not understandng that I do not want my mother in a Nursing home. All I am asking for is some morning help of 4 to 5 hours and not have her lose what she worked so hard to have and leave us. (her 2 children) somethng. That is totally unfair. Thanks for your input, all and any is welcome. FL. might be better for her at this time, but not for me. I live in NY and have my Doctors out there as well as a psychartist. I don't want to lose my apt. or my helps in NY. Why so complicated, because she has a property? Isn't this what we work for and look towards having something? Is work just to save so when you ge old or sick you pay it? My mother wants nothing free, but I feel she paid her dues. She just retired 7 yrs ago.
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While it is true that in most states the former home of a nursing home residence can be attached by the state to repay its Medicaid bill after the nursing home patient dies, there is a different rule in Florida. In FL, the home is protected and will not be attached by the state either during life or after death!
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Hi,

In NYC it is considered an asset. They have told her to sell it, then use up that money and then she can apply and see if she qualifys. That is why I am in Florida being this is her primary address now, but NOT why I want to be at the moment. I have health issues myself that I must take care of. My mother gets anxious when she does not see me, so I will not leave her here alone in a Nursing Home in Florida not knowing anyone. Also the problem of her not knowing english. When she worked she got along with the basic english, now she hardly understands things in spanish.
I really need help. It's very complicated especially when your alone, don't know anyone here in FL. and have no transportation. My son has left us to fend for ourselfs, well he has stopped by everyday for 10 or 15 minutes and has bought somethings for us, but I was surprised to see he had moved 95% of his things out to his G/F's apt. Today he took some more, because we couldn't lend him $2,000.00 dollars. He will be moving to Colorado soon with his G/F who I know as a mother this isn't going to work, but I cannot stop him.
I appreciate all responses and help at this moment, as I feel so lost and cannot eat. I am weak, dizzy, and have NO appetite.
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The Condo is in Florida. I keep her with me in NYC. We are in Florida at this moment, as we spend the winters here, but I don't want her staying here alone when I have to go to NY. If she doesn't see me she gets anxious. Should I not mention this when applying for Medicaid. All she has is Medicare. She has an anutity, not much as money has been depositing into her acoount for her things but I stopped payments from that coming and showing up on her account. Yes, I must lie now, because she worked hard till she was 70 yrs old and I see young people on the system taking it for granted. I am sick myself. It's just not fair.
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A condo would be a "non-countable asset", meaning Medicaid can't include it when listing her assets. The investments you mentioned would most likely be "countable". It's really best to check with an eldercare lawyer on this - the fee can be paid with your mother's money, and a lawyer will help during the Medicaid application process.
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Austin, you hit the nail on the head. Preparation is the key and I appreciate your comments and sharing your life experience with us. Some people can't or won't face the inevitable. My 70something husband still can't say the word death, it's always "if something happens to me". With his frugal ways and my pushy ways, we've been planning for quite some time for when either of us requires medical care. We won't be on easy street but we never have been. I'm just glad we saw the light early on. Also after reading a multitude of posts the past year on this site, we will NOT burden our kids. That's the best part of planning, knowing our kids won't have to give up their lives for us.
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As Carol has said she can go into a nursing home as self pay until she spends down to what they decide is appropaite then will qualify the good news is the nursing home will do the paperwork and believe that takes a burden off you she will have to sell the condo propaply -the trouble is people wait until too late to make these decisions we did our planning when in our 60's but the nursing home would still have gotton his SS and pension and most of our investments and I would have been left wirh very few assests and all his debt he died and I am still stuck with his credit card debt because he put cards in my name, There is not a lot you can do at this point except go to the lawyer and see what he can arrange do not get yourself upset the elders know they need to act when they are younger and most don't for many reasons-she will be able to go into a nursing home and will get in a good one easily because of her assests just make sure it is close to you so you can go in often and check on her care and try not to be upset-many elders could have prevented this themselves if they had wanted to by acting earlier but most expect someone else to do the work,
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It's not about her having money, it's invested. It's about her owning this Condo that is in the middle of her qualiflying for medicaid. I am at my ropes end doing this by myself. I wish I could, but I am also sick.
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Your mom is in what is called the “spend down” time before qualifying for Medicaid, so the help you get for her will have to be paid for out-of-pocket. Once she spends down her money to meet Medicaid’s standards for qualification, they will help with care.
You may want to consult an elder law attorney to help you figure this out. Make sure the attorney knows Medicaid laws well. You don’t want to get into trouble with the government.

Carol
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