"Spending down assets" and the years of "lookback"

[Anonymous]

How does a revocable trust impact Medicaid?

[Anonymous]

Anonymous wrote:

Anonymous wrote:The look back is 5 years. When did your parent give away the money? Did they have a history of regular giving for a long period of time? What state are they in?

OP here

Just in the last couple years. It's not large amounts, but many many small amounts that add up--$150 to this political candidate, $35 to that political cause, but 100+ times a day! In California.

That might fly under their radar. You’ll just have to apply and see.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Medicaid does not always look back the full five years. When we were qualifying my MIL for Medicaid, I believe they only wanted statements going back a few months and didn't ask for financial info going farther back than that. So if the money giveway wasn't very recent, then it might not give Medicaid reason to want to look farther back.

What state are you in. My loved one is in Maryland and they absolutely wanted 5 years of statements and they flagged all checks that were more than $1000. We had to provide a reason for those checks.

Maryland. The issues happened in CA. We easily documented what was going on and provided everything we had and our efforts to get it. There was very little money to begin with - maybe $30-50K. The person who took it basically admitted she had it vs. us. We got all the statements we could, etc.

[Anonymous]

Anonymous wrote:

Anonymous wrote:My question goes a bit further: What if someone gave away all their money to charity, is essentially penniless, and then needs the benefits of Medicaid.

For example, they are elderly with medical conditions that need 24/7 care in a full-time nursing facility.

What does the "system" do with them? Throw them on the street because they gave away all their assets to charity and are not eligible for care?

The system Is your kids. They take care of you if you were nice to them.

Most kids cannot afford it and at some point they are forced to provide care if there is no money and no one to do it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Medicaid does not always look back the full five years. When we were qualifying my MIL for Medicaid, I believe they only wanted statements going back a few months and didn't ask for financial info going farther back than that. So if the money giveway wasn't very recent, then it might not give Medicaid reason to want to look farther back.

What state are you in. My loved one is in Maryland and they absolutely wanted 5 years of statements and they flagged all checks that were more than $1000. We had to provide a reason for those checks.

LOL I'm thinking about my mom going bankrupt and we STILL have no idea where all the money went. It would have been an incredible nightmare to have to explain every insane expenditure over $1,000.

Talk to them, you do the best you can. All you can do is prove you didn't take the money. I was very honest, provided letters from the "friend" who stole the money, etc. I could not provide 5 years of statements, what happened to the money from the sale of the house and car, etc. They were understanding. But, if it were very large sum to start with maybe it would have been different.

One of my parents is in this situation and only so much you can do to protect them. I have no idea what will happen but my sibling is POA so their problem.

[Anonymous]

Anonymous wrote:

Anonymous wrote:The look back is 5 years. When did your parent give away the money? Did they have a history of regular giving for a long period of time? What state are they in?

OP here

Just in the last couple years. It's not large amounts, but many many small amounts that add up--$150 to this political candidate, $35 to that political cause, but 100+ times a day! In California.

CA is the worst. I reported the "theft" all over to the police, aging and disabilities, medicaid, etc. and they all ignored it.

[Anonymous]

Anonymous wrote:How does a revocable trust impact Medicaid?

Its still their money so if there is money you need to use it. Or, upon passing they will go after it.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My question goes a bit further: What if someone gave away all their money to charity, is essentially penniless, and then needs the benefits of Medicaid.

For example, they are elderly with medical conditions that need 24/7 care in a full-time nursing facility.

What does the "system" do with them? Throw them on the street because they gave away all their assets to charity and are not eligible for care?

The system Is your kids. They take care of you if you were nice to them.

Most kids cannot afford it and at some point they are forced to provide care if there is no money and no one to do it.

What a load of bs. No adult child is ever forced to physically provide care for a parent - ever. Show me a single law from any state that does.

[Anonymous]

Anonymous wrote:How does a revocable trust impact Medicaid?

If it’s revocable that’s an asset of the trustee. The Medicaid applicant will have to revoke the trust and spend down the money.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:My question goes a bit further: What if someone gave away all their money to charity, is essentially penniless, and then needs the benefits of Medicaid.

For example, they are elderly with medical conditions that need 24/7 care in a full-time nursing facility.

What does the "system" do with them? Throw them on the street because they gave away all their assets to charity and are not eligible for care?

The system Is your kids. They take care of you if you were nice to them.

Most kids cannot afford it and at some point they are forced to provide care if there is no money and no one to do it.

What a load of bs. No adult child is ever forced to physically provide care for a parent - ever. Show me a single law from any state that does.

30 states have filial laws.


Maryland's was repealed a few years ago, but it still exists in many states where you can be sued for the cost of your parents care.

https://www.harborlifesettlements.com/4-ways-filial-responsibility-laws-can-affect-you/

[Anonymous]

Re: filial laws: "The best-known filial law case is Health Care & Retirement Corporation of America v. Pittas of 2012. At issue was a $93,000 nursing home bill that an elderly patient did not pay. Upon her release from the home, the woman left the country. The nursing home then sued her son who was still in the U.S. The courts ruled that the son was financially able and therefore responsible for paying the bill. "

[Anonymous]

Anonymous wrote:Re: filial laws: "The best-known filial law case is Health Care & Retirement Corporation of America v. Pittas of 2012. At issue was a $93,000 nursing home bill that an elderly patient did not pay. Upon her release from the home, the woman left the country. The nursing home then sued her son who was still in the U.S. The courts ruled that the son was financially able and therefore responsible for paying the bill. "

I wonder how they determine the criteria for "financially able?" Would they expect a family to sell their house and move into a 1 bedroom apartment and subsist on rice and beans in order to pay off the elderly person's debt? This is my concern--can the government tell me that paying off my parent's care takes priority over my kid's college savings, or even just things like my kid taking piano lessons or buying a Christmas tree?

[Anonymous]

Anonymous wrote:

Anonymous wrote:Re: filial laws: "The best-known filial law case is Health Care & Retirement Corporation of America v. Pittas of 2012. At issue was a $93,000 nursing home bill that an elderly patient did not pay. Upon her release from the home, the woman left the country. The nursing home then sued her son who was still in the U.S. The courts ruled that the son was financially able and therefore responsible for paying the bill. "

I wonder how they determine the criteria for "financially able?" Would they expect a family to sell their house and move into a 1 bedroom apartment and subsist on rice and beans in order to pay off the elderly person's debt? This is my concern--can the government tell me that paying off my parent's care takes priority over my kid's college savings, or even just things like my kid taking piano lessons or buying a Christmas tree?

I looked up this case - the man had a salary of $85,000 a year and had a wife and kids (wife was pregnant with the second child at the time of the court case.). He wasn't loaded.

[Anonymous]

https://abcnews.go.com/Business/pennsylvania-son-stuck-moms-93000-nursing-home-bill/story?id=16405807

[Anonymous]

The solution is getting them a dementia diagnosis, so all can be explained.