Follow
Share

I located a law office that specializes in Elder Law about 90 miles from me, when I called the office they said the charge would be $500 to review all of my mom's paperwork and give me some legal advice. Would this be considered something for my mom that could be paid out of her funds or something for me that I have to pay for myself? Will it really be worth $500?


I don't really know what I want an Elder Law Attorney to do, I guess we'll find out. Tax value on her house is $22,000 (Don't know the fair market value) a little over $2,000 in the bank and a 1997 Buick Skylark which Medicaid thinks is valued at $2,000. We know it's too late to save the car, but I'll never get $2,000 for it. The house my mom already deeded over to me back in 2008. I don't think there is a way to protect the contents of the house (furnishings), so the house would need to be cleared out, everything sold at auction and the money given to Medicaid.


My Cousin figures the Life Estate wasn't even legal (1) the law changed in 2017 and (2) they somehow did it without me ever knowing about it so I never accepted the sale to me for $1. My mom keeps getting worse and we all know I can't continue to care for her at home and I can't get 24/7 home care, I was basically told if she can't get enough care from a home care agency, she will need to go to a nursing home. She fights getting a bath, yet she is asking for a bathroom remodel while I'm trying to get her into a nursing home. So Medicaid drops $3,000 on the bathroom remodel and she still refuses her bath, then what? I don't think she'll like a shower, but that's want they want to put in.


The only thing I could think of is if I didn't have to move out with no place to go as soon as my mom goes into a nursing home. I would at least like a few months to find a job before having to move. Considering the house is in a small town there aren't any good jobs locally.


I'm not looking to inherit anything, just somehow get my mom into a nursing home so I can get my life back. All my mom's case worker wanted to do for me is send me to counseling, for what?

Find Care & Housing
I would suggest seeing what your local library can get you on Medicaid and elder law so you can be as well informed as possible.

Or just start by looking at
https://www.agingcare.com/articles/asset-limits-to-qualify-for-medicaid-141681.htm
and
https://www.agingcare.com/articles/medicaid-and-long-term-care-133719.htm

Note the parts about exempt assets, specifically: personal belongings, one car, and a home she intends to return to.

Since she has over 2,000, also read about spending down and prepaid final expenses.

It is important that you be ready to respond if you are asked if you can pay the expenses on the house: utilities, taxes, insurance, etc. because none of her income will be available to pay bills, even if the asset itself is exempt.
Helpful Answer (0)
Reply to Frebrowser
Report

I would definitely get the consult with the attorney, HOWEVER, I would confirm that he/she is well versed in Medicaid estate, asset protection and planning. I’ve had several over the years and they were VERY beneficial. I wouldn’t assume anything. Get the laws as they apply to your situation from an attorney. It’s my understanding that there are some non-countable items such as personal possessions, furniture, jewelry, one vehicle, one home. If a deed transferred the house, get a copy and have it reviewed by the attorney. I would not assume anything and don’t listen to a lay person. And, ask about the options for adult children who have lived in the home and cared for the parent for a certain amount of time. I was surprised to discover that some things I had believed did not apply to my situation. I was very lucky to have gotten the legal consults with very knowledgeable people.

Also, what state are you in? In some states there are quasi Medicaid programs that complicate the matter even more, but could offer your mother assistance.
Helpful Answer (0)
Reply to Sunnygirl1
Report

There is so little in assets I don’t think you need an elder attorney. Talk to a Medicaid intake/eligibility worker first. They may allow you to stay in the home.
Helpful Answer (1)
Reply to Bridger46164
Report

Your mother’s funds should be used to pay the attorney. But honestly since she has so little assets, I would not rush to hire an attorney just yet. I’ve seen a few of your posts but I’m unclear if anyone ever applied for Medicaid for your mom? Because I think you should really sit down with a Medicaid eligibility worker and go over your moms income and assets. The eligibility workers are highly trained, it’s their job to determine eligibility for Medicaid and all other government programs (my late MIL was an eligibility worker). There’s no community spouse, right? It’s just your mom? I may be in the minority but from what I can recall from your situation, you don’t really need an attorney, there’s no assets to protect since she needs Medicaid now. Her home really isn’t worth much. The ONLY reason I wouldn’t get the bathroom redone is if it will lower the value of her house (assuming you can keep it and avoid a Medicaid lien). Otherwise just get it done. It may make things easier until you can get her in to LTC.
Helpful Answer (0)
Reply to worriedinCali
Report

Ask a Question
Subscribe to
Our Newsletter