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Eldercare
Reply to "MIL Savings and Medicaid"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]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.[/quote] 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.[/quote] 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. [/quote] 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.[/quote] What “office” to you mean when you say “call the office”?[/quote] 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).[/quote] 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. [/quote] 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. [/quote] 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.[/quote]
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