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A friend’s wife had a stroke and they are in the unfortunate position of needing Medicaid spend down advice. DH and I are both attorneys but don’t know anything about this stuff and it is more complicated than we thought.
Recommendations on elder law lawyers? On navigating this? We have not had much luck with contacting the top Google results, so would appreciate hearing about first hand experiences. They are in VA. |
Try the website for the National Academy of Elder Law Attorneys. https://www.naela.org/Web/Shared_Content/Directories/Find-a-Lawyer.aspx |
| Montgomery County, in Maryland, has a Department of Aging- is there something similar where you live? |
| Try listings in the Special Needs Alliance web site found using this wording. |
| What advice do they need? What kind of money do they have? |
The OP is pretty clear about they need -- they need Medicaid spend down advice. |
| There's a 5 year look back period. They're going to spend down on care for her |
This much is apparent. The best way to do that while protecting the finances of the healthy spouse is not. Hence the need for legal advice. |
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The problem will be for the "community spouse" - the one who doesn't need care. He should be able to live in their home, but he will have to pay his expenses out of a monthly stipend he is allowed.
I don't know of an elder attorneys, but it is a very difficult situation when there isn't much money, and there is still one spouse who is fine and could live many years more. We had to pay for my dad's care otherwise it would have left my mom destitute who is still alive and is healthy. Now that he has passed, my mom can sell her house to pay for care when she needs it. |
| This is a situation that you hear about where the couple have to divorce and separate finances. The community spouse only gets half of the estate, but that is better than the monthly stipend Medicaid would give him. |