MIL Savings and Medicaid

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

That’s helpful to know they have an actual office for Medicaid. I hate talking on the phone with these people. Is there one in Maryland?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

That’s helpful to know they have an actual office for Medicaid. I hate talking on the phone with these people. Is there one in Maryland?

Was your loved one approved for Medicaid already when entering nursing home or did they have a couple months of money to pay? My loved one has around $30,000 in a bank, no real estate or other property, and pays me a below market rate amount for room and board at my house.

[Anonymous]

Find an attorney in your State who is a member or even better a fellow of the National Academy of Elder Law Attorneys (NAELA). Medicaid planning is a specialized area fraught with traps for the unwary.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

Well, you were quite fortunate as not every office will "waive that."

While 30,000 doesn't sound like much, also doesn't sound like OP could easily pay back the 30,000 if the state decided that it was an illegal divestment of assets.

[Anonymous]

Anonymous wrote:Find an attorney in your State who is a member or even better a fellow of the National Academy of Elder Law Attorneys (NAELA). Medicaid planning is a specialized area fraught with traps for the unwary.

Right??? Even when not looking to protect assets, if they are not disposed of properly, the applicant may be severely hampered in being admitted to a long-term care home taking Medicaid patients.

Gambling can pay off. Or one can be stuck with losses larger than what they can cover.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

I disagree. It’s worth the money for a consultation with an elder care attorney. My MIL is in a different state and had almost nothing saved but a house, even though it still had a mortgage. We are in the process of gathering paperwork now for Medicaid since she may need a nursing home soon. We thought we knew a lot but the consultation and having them handle some of this was well worth it. We realized how little we knew and different everything is in every state.

[Anonymous]

My grandmother was in a similar situation. She put her savings in the names of her children and satisfied the look back period. They used the money for her needs prior to and following her time in a nursing home. Medicaid requires near abject poverty.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

Well, you were quite fortunate as not every office will "waive that."

While 30,000 doesn't sound like much, also doesn't sound like OP could easily pay back the 30,000 if the state decided that it was an illegal divestment of assets.

Right. So just put it in an account in OP's name and don't touch it, let it earn a little interest. And it'll be there to pay the state back if it is needed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

That’s helpful to know they have an actual office for Medicaid. I hate talking on the phone with these people. Is there one in Maryland?

Each county in MD has a long term care medicaid office. It is NOT the same medicaid office as the regular one.

Montgomery County is this one - I went in and spoke to them but that was before covid.
https://www.montgomerycountymd.gov/HHS-Program/Program.aspx?id=PHS/PHSMALongTermCare-p1027.html

Your mom may also be eligible now for regular medicaid and food stamps so it may be worth applying. My MIL got food stamps but made slightly over (as in less than $100) so she didn't get medicaid. There are also rental and utility assistance programs in MoCo as well as some income based assisted living.

If you have nursing home issues, talk to the nursing home ombudsman.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

Well, you were quite fortunate as not every office will "waive that."

While 30,000 doesn't sound like much, also doesn't sound like OP could easily pay back the 30,000 if the state decided that it was an illegal divestment of assets.

Right. So just put it in an account in OP's name and don't touch it, let it earn a little interest. And it'll be there to pay the state back if it is needed.

No, you have Mom pay you rent and then you can put it in a separate account if you want but you have to clearly document it. DO NOT PUT IT IN OP name. Who ever is giving advice is really going to mess someone up. OP should wait till they need a nursing home and then spend it down per the rules. You can buy clothing, glasses, furniture-bedding- sheets for the nursing home, prepay funeral costs and other stuff.

Ours was waived as I could prove it via emails it was taken and we didn't take it and had no way to get the money back given I had tried.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

Well, you were quite fortunate as not every office will "waive that."

While 30,000 doesn't sound like much, also doesn't sound like OP could easily pay back the 30,000 if the state decided that it was an illegal divestment of assets.

Right. So just put it in an account in OP's name and don't touch it, let it earn a little interest. And it'll be there to pay the state back if it is needed.

No, you have Mom pay you rent and then you can put it in a separate account if you want but you have to clearly document it. DO NOT PUT IT IN OP name. Who ever is giving advice is really going to mess someone up. OP should wait till they need a nursing home and then spend it down per the rules. You can buy clothing, glasses, furniture-bedding- sheets for the nursing home, prepay funeral costs and other stuff.

Ours was waived as I could prove it via emails it was taken and we didn't take it and had no way to get the money back given I had tried.

Again, not every case administrator would accept "no way to get the money back given I had tried." You were very fortunate, but not all will respond in that fashion.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

Well, you were quite fortunate as not every office will "waive that."

While 30,000 doesn't sound like much, also doesn't sound like OP could easily pay back the 30,000 if the state decided that it was an illegal divestment of assets.

Right. So just put it in an account in OP's name and don't touch it, let it earn a little interest. And it'll be there to pay the state back if it is needed.

No, you have Mom pay you rent and then you can put it in a separate account if you want but you have to clearly document it. DO NOT PUT IT IN OP name. Who ever is giving advice is really going to mess someone up. OP should wait till they need a nursing home and then spend it down per the rules. You can buy clothing, glasses, furniture-bedding- sheets for the nursing home, prepay funeral costs and other stuff.

Ours was waived as I could prove it via emails it was taken and we didn't take it and had no way to get the money back given I had tried.

Again, not every case administrator would accept "no way to get the money back given I had tried." You were very fortunate, but not all will respond in that fashion.

I provided documentation showing someone else sold the car and had the money and that she didn't give it to us. It was very clear in a long series of emails that it was elderly abuse and I filed reports everywhere I could to try to get the person in trouble but sadly no one cared. But, yes, they investigated it and they tried to help us recoup the money.

OP should hang on to that money, private pay for a few months with a nursing home that takes medicaid and once her parent is in the bed, then apply for medicaid. That will be the easiest way to do it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

That’s helpful to know they have an actual office for Medicaid. I hate talking on the phone with these people. Is there one in Maryland?

Was your loved one approved for Medicaid already when entering nursing home or did they have a couple months of money to pay? My loved one has around $30,000 in a bank, no real estate or other property, and pays me a below market rate amount for room and board at my house.

Neither. My MIL got social security and we used that money for all kinds of needs, but didn't take "rent" - we tried an adult day care, for example that was terrible and she had health care bills (current) as she couldn't get regular medicaid here even though she had it in her home state.

In order to get long term care medicaid, you have to find a nursing home that will take medicaid pending. It took me many months to find a place that would accept her medicaid pending. So, you find a bed at a nursing home, then you apply in Maryland and then they approve the person. The nursing home takes the risk of the pending and they get paid back if approved and if not they lose the money and kick your loved one out.

Your best bet is to take that $30K and pay for 2 months of nursing home care in a facility and prepay funeral costs that will accept medicaid and as soon as they get into the bed apply for long term care medicaid. Or, they can go into a bed from a hospitalization but we didn't have a hospitalization.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

Well, you were quite fortunate as not every office will "waive that."

While 30,000 doesn't sound like much, also doesn't sound like OP could easily pay back the 30,000 if the state decided that it was an illegal divestment of assets.

Right. So just put it in an account in OP's name and don't touch it, let it earn a little interest. And it'll be there to pay the state back if it is needed.

No, you have Mom pay you rent and then you can put it in a separate account if you want but you have to clearly document it. DO NOT PUT IT IN OP name. Who ever is giving advice is really going to mess someone up. OP should wait till they need a nursing home and then spend it down per the rules. You can buy clothing, glasses, furniture-bedding- sheets for the nursing home, prepay funeral costs and other stuff.

Ours was waived as I could prove it via emails it was taken and we didn't take it and had no way to get the money back given I had tried.

Again, not every case administrator would accept "no way to get the money back given I had tried." You were very fortunate, but not all will respond in that fashion.

I provided documentation showing someone else sold the car and had the money and that she didn't give it to us. It was very clear in a long series of emails that it was elderly abuse and I filed reports everywhere I could to try to get the person in trouble but sadly no one cared. But, yes, they investigated it and they tried to help us recoup the money.

OP should hang on to that money, private pay for a few months with a nursing home that takes medicaid and once her parent is in the bed, then apply for medicaid. That will be the easiest way to do it.

Perhaps not helpful for OP and others that you waited till now in this thread to report that this was elder abuse. That's very different than saying that they "waived" it as if they may treat these kinds of divestments as fungible.

Glad that it all worked out in the end for your mom and your family.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:OP, please speak with someone who is versed in estate planning, especially in view of Medicaid. What is being proposed here sounds sensible, but a Medicaid administrator may see it is an illegal divestment of assets. If that is the case, then your mom would be compelled to recoup those funds then divest of them in a way that they deem legal. It's not worth messing up, especially if your mom were to suddenly need nursing home care.

GL to your mom and to your and your family.

I second this about the risk of Medicaid seeing it as a violation of the look back period. Several hundred dollars for 1-2 hours of a good eldercare attorney’s time, specific to your state’s rules, may save you thousands of dollars later. It should be fine to prepay the (surprisingly hefty) funeral expenses, but I can only speak for Maryland.

Funeral prepay is allowed BUT you want to make sure the expenditures you opt for are within the state guidelines.

Make sure the eldercare attorney is good. Ask them for the types of cases they've had where they've been successful.

Don't waste your money on an attorney given how little there is. There is zero need for it. Just call the office and talk to them. I did it completely without an attorney.

What “office” to you mean when you say “call the office”?

The long term care medicaid office. That's how I did it. I went in and met with a worker for a few minutes. Then, found a nursing home bed, which took months, then applied and was approved (only issue was I could not account for some of the money but I had proof who took it so they waive that).

Well, you were quite fortunate as not every office will "waive that."

While 30,000 doesn't sound like much, also doesn't sound like OP could easily pay back the 30,000 if the state decided that it was an illegal divestment of assets.

Right. So just put it in an account in OP's name and don't touch it, let it earn a little interest. And it'll be there to pay the state back if it is needed.

No, you have Mom pay you rent and then you can put it in a separate account if you want but you have to clearly document it. DO NOT PUT IT IN OP name. Who ever is giving advice is really going to mess someone up. OP should wait till they need a nursing home and then spend it down per the rules. You can buy clothing, glasses, furniture-bedding- sheets for the nursing home, prepay funeral costs and other stuff.

Ours was waived as I could prove it via emails it was taken and we didn't take it and had no way to get the money back given I had tried.

Again, not every case administrator would accept "no way to get the money back given I had tried." You were very fortunate, but not all will respond in that fashion.

I provided documentation showing someone else sold the car and had the money and that she didn't give it to us. It was very clear in a long series of emails that it was elderly abuse and I filed reports everywhere I could to try to get the person in trouble but sadly no one cared. But, yes, they investigated it and they tried to help us recoup the money.

OP should hang on to that money, private pay for a few months with a nursing home that takes medicaid and once her parent is in the bed, then apply for medicaid. That will be the easiest way to do it.

Perhaps not helpful for OP and others that you waited till now in this thread to report that this was elder abuse. That's very different than saying that they "waived" it as if they may treat these kinds of divestments as fungible.

Glad that it all worked out in the end for your mom and your family.

Either way op should take that money to pay two months for a nursing home till Medicaid is approved. Otherwise it’s very hard to get a bed.