Yes, “complying with the law” in a way that allows the older person’s assets to be assigned to another family member is essentially a sneaky way to make a person look poor enough to be eligible for Medicaid benefits. If these benefits were meant for everyone, then people would be able to access them without having to appear to be poor enough to meet an eligibility standard. |
The problem is, the people who paid you poorly are also in the same boat as you (can't afford elder care). Just that they have nowhere else to go.. You at least have a home country to go to. |
It is certainly dishonest to take steps to appear to be poor when one actually is not in order to receive benefits that are meant for the poor. |
Not really.. My dad passed away at 76. My inlaws are 87 and 84. Just a few years ago, both were very active, traveled a lot, etc. FIL's decline started suddenly and now he needs help with a lot of things with family is taking care of him for now since he's still mobile. Knowing their family history, I suspect he'll be around for at least another 5+ years but health will deteriorate. While we have the resources for paid elder care for FIL, I'm certainly glad my dad did not have to suffer through this while at the same time missing him dearly.. |
There is a difference between unethical and fraudulent. It's not fraudulent, but it is unethical. |
Yes, because of rampant poverty, a massive population, income disparity, and lack of legal protections, UMC families (a tiny portion of the population) in India can afford to afford to have drivers, live in staff etc- something reserved for only the extremely wealthy in developed countries. Not sure it’s something to boast about. And when you talk about bringing your employees to the US and “paying them well” I certainly hope it was on par with the going local rates….not just relative to what they would have earned in India. |
It is a legal loophole that is being exploited, like many others. It is not the intention of the law. In both states I practice law in there have been crackdowns by Medicaid on tactics used, but lawyers are creative. If they increased the look back too far, for example, they would risk sweeping up genuinely poor people. Many technically legal maneuvers are unethical (and precarious), and the reason it’s called “Medicaid planning” is because it takes an expert lawyer to pull it off. |
Exactly. This is why we can’t have nice things. |
My plan for when I hit retirement is to buy a small unit with lifetime continuing care in a retirement complex and a second house or condo somewhere either for winters (six months in Florida) or coastal New England (five months in spring to fall). When the time comes, I can sell the second property and upgrade the unit to a bigger 2-bedroom and live there full time. But I will have a foot in the door so they can't kick me out if I suddenly start declining, physically or cognitively. I am single, will always be single so no spouse to help take care of me. I want the guarantee of lifetime care no matter what happens. Yes, expensive, but I can make it happen. This plan is based on what good friends of my parents have done.
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You need to work with an attorney that specializes in Medicaid LTC planning to ensure your trust is Deficit Reduction Act (DRA) compliant. Regardless of what PPs say, Congress passed very specific requirements governing asset eligibility for the Medicaid LTC program, and you have to follow those rules to a T. The Medicaid program exists because LTC is so extraordinarily expensive that it is out of reach except for the very independently wealthy, and it does not serve the public good to have seniors and the disabled left to die in their homes. |
ooo.. call the cops! call the tax man! Let's throw these fraudsters in jail.. ![]() ![]() |
DP. Why do you care? I bet you won't care 2 shits about social justice when you start seeing the shadow of the man with the sickle. Take care of yourself, bro! We all know what we are doing. Don't need your sanctimonious BS. |
They have a retirement plan and lifelong savings. They have money. They made enough to pay me. They are richer than me. I have no one in my home country. My family is here. |
First, we provided them a place to live, meals and all needs fully provided for. Helped them get certified as nurses in the USA (paid for the classes/etc), also paid them a decent salary. Not as high as nurses in USA, but when they are living with you and you are providing food, clothing, cell phones, everything, you don't need to be paying them $25+/hr. We also paid all expenses (lawyers) to get them their green cards once we no longer needed their services---and they lived with us during that time until they got their nursing jobs. After 5-6 months of them having their "real" nursing jobs, we helped them find an apartment in a safe area and got them furniture and settled into the apartment together. So yes, we paid them well, we paid $50K+ to get them their green cards, we provided them housing and all expenses (clothing, cell phones, etc) until they got "real jobs" and could afford to move out on their own. They were family and still are. They lived with us for 2 years after we no longer needed their services and they were able to move out. Above and beyond. We could have just let them return to India once we no longer needed their services---but we didn't. I would say they were well treated and well paid. Without us, they would not be living in the USA (it's been 20 years and they are thriving, have their own families and kids and are so appreciative that they were able to come to USA). |
Sure, take care of yourself first. No issues there- just don’t brag about how much better the system is in your home country when the majority of the population is living in squalor. |