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My grandmother entered a nursing home after a fall in November of 2019. At the time, the only asset she had was her home, SS check and pension check. She was able to qualify for Medicaid once the home was put up for sale. When she qualified for Medicaid, I was advised to ensure that all her income went toward her care. She had two large credit card balances. Long story short... the home didn't sell until October of 2020. Now that the home has sold, she is on private pay until bank account drops below the $2000 cap and she is able to qualify for Medicaid again. She is now being sued for one of the credit card debts. Since she is on private pay, do I pay off the credit card debt or will that come back in the 5 year review when she applies for Medicaid again? The financial aspect of long term care is so incredibly complicated!! I want to take care of my grandmother's finances in the best manner possible (I am her POA) but I don't want to do anything that will be detrimental to her qualifying for Medicaid when the time comes again.

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There is a non profit law firm called H.E.L.P.S. in Salem, Oregon. They deal specifically with elderly, their rights and debt situations. They helped me with my mother's outstanding debt. Please call them for free advice.
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Talk to your grandmother's Medicaid caseworker. She has one and that person can be reached because they work for your state's Department of Social Services. Her caseworker will let you know.
Your grandmother's bills have to be paid. The nursing home is not her only bill. This is what I told my father's Medicaid caseworker when the nursing home was applying him for Medicaid. That he had outstanding bills and credit card debt which I paid. It wasn't even paid off because he owed more than he had.
His Medicaid caseworker told me very different information then the nursing home did. The nursing home insisted that they're bill took precedence over all others and that they were the only bill that mattered. Medicaid was far less insistent. Talk to your grandmother's Medicaid caseworker.
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Contact an elder law attorney. I also found this, which basically says it’s okay to pay an legitimate debts and bills. Nolo publishes excellent legal books, forms, etc
https://www.nolo.com/legal-encyclopedia/safe-ways-spend-down-your-assets-qualify-medicaid.html
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Always contact an eldercare attorney in Grandmother's state and county for professional advice before taking action.
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Imho, you should retain an elder law attorney.
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In this case, you MUST contact an eldercare attorney who specializes in Medicaid. This is far too complicated for a normal person to understand. You need professional help - don't mess with this.
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Contact an elder law attorney in your state. I found that was the best avenue for me anyway. I went in with specific questions written down and ready, and was out before the full hour was up. It was worth the (prorated) peace of mind.
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Although not intending this to be critical of any of the responses given (but keeping in mind that this subject deals with legal matters as opposed to, for example, suggestions based upon experience from dealing with the behavior of a particular person having dementia), seeing the range of them reminds me of a time I was visiting a midweek class in a small church in Georgia. The elderly minister, who was teaching the class, asked a question. When one woman spoke up to give her thoughts, the minister politely said "Sister, I don't want to know what you think--I want to hear a 'thus sayeth the Lord!' ".
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Check with a CPA. However, I would advise paying off your grandmother's credit card balances as soon as possible.
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You should check with them. But the Credit Card Debt is something your Grandmother owes and should be paid.
What you can do is call the Credit Card Co and explain things and tell them that you are paying for her care and are willing to pay half of the bill of what your Grandmother owes and they will probably accept it.
Don't mention the sell of her home to the Credit card people.
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Maryjann Jul 2021
As long as the elder care attorney in her state says this is okay, great negotiation idea.
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contact an Elder Care Attorney asap and have them help you get things sorted out. They are good at what they do (especially the one we have for my mother). Search in the internet and see how the reviews are for that person, thats how I found mine and he is great. Wishing you luck.
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Based on the following article: https://www.medicaidplanningassistance.org/medicaid-spend-down/

You can pay off:

Accrued Debt. One can pay off accrued debt, such as personal and vehicle loans, mortgages and credit card balances.

Medical Devices. One can purchase medical devices that are not covered by insurance, like dentures, eyeglasses, and hearing aids.

Home Modifications/ One can make home reparations and modifications to improve access and safety, as well as build on to their existing home, such as adding a first floor bedroom or bathroom.

Vehicle Repairs. Vehicle repairs, such as replacing the battery, getting an engine tune-up, or replacing old tires are also a way to spend down assets, as is selling an existing car at fair market value and purchasing a new one.

Life Care Agreements. One can create a formal life care agreement, often referred to as personal care agreement. This type of agreement is generally between an elderly care recipient and a relative or close family friend. It allows the care recipient to spend down their excess assets while receiving needed care. It is vital this type of contract is drafted properly and that pay is reasonable for the area in which one lives. If it isn’t, one could be in violation of Medicaid’s look-back period.

Annuities. One can purchase an annuity, which in simple terms, is a lump sum of cash converted into a monthly income stream for the Medicaid applicant or their spouse. The payments can be for a set period shorter than one’s life expectancy or equal to the beneficiary’s life expectancy.

Irrevocable Funeral Trusts. One can purchase to purchase an irrevocable funeral trust, which can only be used for the expenses of a funeral and burial. In general, up to $15,000 per spouse can be placed in a funeral trust. However, this amount varies by state.
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Isthisrealyreal Jul 2021
One thing to be mindful of, not all annuities are Medicaid compliant. Anyone going this route should verify that the product they are buying meets the Medicaid criteria.

Great answer MsRandall.
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Medicaid is administration is different in each state. Check with your state Medicaid office and make sure to get their recommendations/rulings in writing! If they say credit card debit payment is a no, you can make a copy of their ruling and pass it along to the credit card folks. If they continue to badger you after that, consult with an eldercare attorney who specializes in Medicaid. A letter from him/her will usually end their communication.

Good Luck
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I don’t know who gave you your Medicaid advise, but some of it is clearly wrong. Legitimate debts can be paid as part of the spend down. There was no reason to sell her homestead to make her eligible for Medicaid. I agree with others that you consult an elder care attorney immediately. These costs are also qualified expenses for the spend down. The general philosophy behind the spend down policy has to do with people deliberately trying to impoverish a relative in order to qualify them for Medicaid. Legitimate expenses and debts do not fall into this category. Get the facts about you state’s Medicaid laws and policies from someone who is on your side and knows how to apply government policies in ways that benefit your grandmother. There was never any reason why the credit card company was forced to sue your grandmother. You could have paid off this debt without incurring any penalties unless the debt was incurred by you or a relative in close proximity to her Medicaid application and included expenses that were clearly not incurred for her benefit such as expensive furniture, makeup, expensive clothes that are not her size, etc.
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JoAnn29 Jul 2021
Agree house didn't need to be sold. But, Mom cannot keep it up. She has no money. So, if no Community spouse, disabled child or former caregiver living there it just sits. Family is not responsible for upkeep. And if they do pay out of pocket, Medicaid does not guarentee reimbursement. So, better to sell it. In the end, a lean will be placed on it anyway. I so wish Moms house had sold while she was living. It was a headache.
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Depends on what state you are in. In most states, you do have to have her spend down. In Florida, you don't. The funds can be transferred but it's tricky and you need a Medicaid attorney to help. Her estate is going to need funds for you to go through the probate, legal, and funeral arrangements. None of this is cheap.
While Medicaid is a federal program, it is regulated by the states.
Any senior facility worth its weight, will go over your long-term care insurance policy and dissect it for you. Personally, I would have 3 different facilities review it, Once you and they know what you are dealing with, they will also start looking for ways to keep your grandmother in the facility after her funds run out, thus getting her Medicaid. If they don't do this, find yourself another facility. Otherwise, your grandmother can be and will be kicked out of the facility.
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jacobsonbob Jul 2021
How do you know the OP's grandmother even HAS a long-term care insurance policy, or are you simply addressing it as a generality?
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Please see a Medicaid attorney. They will help you sort out financial questions and concerns.
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Your Mother has enough money from the sale of her house to pay private pay for over 5 years? I would talk to her prior Medicaid caseworker. She is in the spend down process. The debt is hers. If she was on Medicaid, the CCs would have to write it off. Can't garnish SS. But she now has money.
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Frances73 Jul 2021
I agree, if you have money you should be expected to use it to pay your fees and expenses. Then if you outlive your resources you apply for Medicaid.

Medicaid was never intended to be an entitlement for every citizen. You don’t pay into it like Social Security and Medicare. It’s taxpayer funded.
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When my LO went to a nursing home permanently, the only thing I didn't pay off was her last cable bill. She would periodically over the years call her cable and utilities trying to get discounts or some better deal. Cable company could almost always talk her into paying more and this last bill was ridiculous. So everything but the cable bill was paid with the house proceeds - including credit cards. She lived on credit cards and home equity loans and juggled those most of her life to maintain the appearance of a higher living standard. To me, paying those off was covering her expenses/care since most of what she charged was technically "living expenses" - just to a somewhat higher degree than what she could afford on her income. There were even a few nursing home and medical expenses on the credit cards. I don't know that I ever questioned it in advance, but I didn't want to deal with creditor harassment and there was no doubt the debts were hers, so I paid them and used the rest of the house proceeds to pay the nursing home until Medicaid kicked in. I also had statements to back up the fact that these were credit card charges she made for herself. Her credit cards had been zeroed out several years before by a generous person trying to help, so I had the comfort of knowing the credit cards she had at the time of her house sale were not things she bought for others or cash advance money that was then gifted to someone. I do not remember if I had to produce credit card statements with the Medicaid application, but I had them. Find out how your state views this - it's probably a question they get all the time. Either way, I'd be trying to close the loop on this lawsuit so it doesn't drag out because that will just be a burden for you and extra stress that you don't need. You may be advised to pay it since the funds are technically available.
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When my in-laws became mentally incapacitated and were broke, I never opened up the cc mail or from creditors because at that time they were upside down on a ballooning mortgage, owed back property taxes, etc, and there was no money to pay the years-old debt. I wrote on the envelope "Not living at this address, return to sender" and put them back in the mail. If they provided a phone number I called and explained I was the PoA and that they were both in nursing homes on Medicaid and incapacitated and could prove it. They stopped contacting them, but as others have said in your case it varies from state to state, plus your grandmother technically does have the money to pay the debt.
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It can vary from state to state, Check to see how your state deals with this.
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