My Mom doesn't qualify for any assistance. Where can I go for help?

There was only one charge to the attorney and that was to set up the Qualified Income Trust and Power of Attorney form which named me as her POA and signer of the Qualified Income Trust bank account checks. That cost $1,500.00. At the point, the attorney is out of the picture. I took the QIT paperwork and POA to the bank and they set up the bank account. She banks at a credit union and there was no charge to set up this account, nor is there any service charge. Medicaid does an annual review where I have to give them bank statements and proof of monthly income. Medicaid is the one who tells you what you can keep and what you have to pay to the nursing home and I received a notice from Medicaid when she was approved regarding that . Since Medicaid considers gross income, I had to stop withholding from her pension benefits in order to pay the nursing home the amount Medicaid told me to pay. By the end of each month, Medicaid requires that you pay the nursing home all of her income except for $35.00, so by the end of the month, her bank account is zeroed out. If she were to pass away before that payment was made, then the QIT requires that the state of Florida gets the money.

Gayle - just out of curiosity when you did the MILLER Trust (aka Qualified Income Trust) for your sister, was the attorney able to set the trust up in perpetuity so once done no real further paperwork or costs OR do they need to do an annual review (usually after SS sends out the future year benefit letter in December)? Do you mind sharing what doing Miller cost for you all & does bank take the fees for handling or servicing the trust from account automatically?

So is this right??… in FL all her income less her $ 35.00 personal needs allowance goes to the NH? Or is it that the maximum income allowed to qualify for Medicaid is paid to the NH and the excess monthly income stays in the trust. So each month the trust builds in whatever is the difference in what Florida Medicaid income maximum is (& direct deposit paid to NH) and what your sister receives in income; & any bank or legal fees come from the excess funds in the trust and then when she passes away the trust's beneficiary is the state of FL.

If your mom would qualify for Medicaid, other than her monthly income being over their limit, you would need to have an attorney set up a Qualified Income Trust. I live in FL and had to do this for my sister when she needed to go on Medicaid because she had gotten sick, used up her 100 days of Medicare, but needed to stay in the nursing home where she had been trying to rehab. She had no assets but her monthly income was over the Medicaid limit. I was appointed Power of Attorney so I could set up a bank account and handle her affairs. The bank set up a Qualified Income Trust bank account. Her income is direct deposited into this bank account and all but $35.00 is sent to the nursing home as payment. I put the $35.00 into her account at the nursing home for haircuts, etc. All of her income is depleted each month. So, the nursing home gets her excess income and whatever Medicaid pays them.

It appears to me that your mother does qualify for assistance. Check with Medicaid, they should pay the difference in her care. They would use her income then pay the difference. Her care would cost less since Medicaid has a contract for a lesser amount than the general public pays. Check it out, worst thing that can happen is they say no.

eu-22, You CAN get her qualified for Medicaid. Right now the big issue for your mom is that if in fact her "income" is $ 2,600.00 a month, then she will never ever qualify for Medicaid as her "income" is over the income ceiling that all the states have in place for Medicaid. But all hope is NOT lost!

Most states (the states administer Medicaid so each sets their rules but under an overall federal guideline) have their monthly income max set at $ 2K. Now some states have higher…like for my mom in TX, the income max was $ 2,094.00 per month. Other states have it set lower. Understand?

But at 2,600 mom just has too much income to ever be impoverished. Now I'm assuming that she doesn't have any assets left (savings, cash value insurance) so whatever assets are under 2K. Assets are separate & different from income for Medicaid.

Then what your mom can do is a MILLER TRUST also called a Qualified Income Trust. Miller has to be set up by an attorney but it totally legit for Medicaid.

How Miller works is this: Lets say mom lives in TX & gets $ 950.00 a mo from SS but also gets $ 1,800.00 a month from her late husband's retirement or annuity. So mom makes $ 2,750.00 a month. No matter what she gets paid that each month. The income is guaranteed. Mom can't turn down the money either. It is guaranteed monthly income. As far as TX Medicaid is concerned, mom can't get it because she is $ 676.00 a month over in income. Your mom creates a Miller Trust for all her income. With MILLER, all of mom's income goes into the trust and then each month $ 2,094.00 gets paid from the trust to mom and the rest ($ 656.00) stays in the trust. Mom's $ 2,094 goes to the NH to do her required by Medicaid co-pay (called her SOC "share of cost"). Each mo Miller gets the excess $ 656.00. Now all the money in Miller has it done so that the beneficiary of the trust is the State of Texas. Neither mom nor you nor any family can ever get the money built up in the trust. Miller really needs to be done by legal as it needs to be flexible and adaptable to state law and changes in their income. (So if SS goes up by $ 10.00 the trust is flexible to this). Miller is not imho ever a DIY legal project. But MILLER will qualify mom for Medicaid if her source of income is guaranteed.

This site has a drop down list of elder law attorneys, I'd suggest that you go there and contact someone from that list to see if Miller can work for your mom.

Perchance is any of this income from railroad retirement?

I moved my mom from assisted living ($3600) to a dementia unit ($4350). The assisted living said they could not provide all her care and sitters, nurses were too expensive. This is a move that I have been very resistant to because it's a lock down and the rooms were smaller. But, now I could kick myself for not moving her sooner. The atmosphere is so much different and she is getting all the attention and care she needs at a much lower cost than hiring help outside of the assisted living facility.

I thought mom could not get aid either, because her SS was $1600 a month. But the consultant said they deduct the cost of ALF, which was $2395/month. This put her into negative numbers $-795 a month. I'm glad we worked with a consultant who could explain the government math.

EHUKA,
I hope you do not listen to the detailed post of how to scam the government. They figure out these things and they are illegal and you would be complicit. Besides, it does not sound like mom could pull off a complex lie.
You can apply, spend down assets legally and have her income go into a trust. The government assistance would be for the difference from the income to the monthly spend. An attorney can give you legitimate advise on how to do this.
Good luck.

It's rare to none to find a assisted living facility that takes a elderly person with dementia.If you found one that does my hats off to you.Our family searched and more searched for assisted living facilities that accepts people with dementia in our area with no luck.We was told by many that assisted living facilities can not take the risk of a person running off out of the blue and getting lost or hit by a car.
You say she doesn't qualify for any assistance.What do you mean by any assistance?
She doesn't qualify for Medicaid?Or doesn't qualify for assisted living?
I'm surprized with her having dementia that she qualifies for assisted living.Dementia only gets worse as time goes bye.Not including any other health issues or down the road health issues.Sounds like it maybe time for you and your mother to be searching for nurcing homes instead of assisted living since you can't take her into your home.
In order for your Mother to qualify for Medicaid.Funds & assets must be moved.
Since your seeking another assisted living or maybe a nurcing home.Moving funds & assets maybe to late to do so because,Medicaid goes back 5 yrs.
Many wealthy people are on Medicaid and getting away with it.They all get away with it by moving funds,assets into other's names.Like the old saying sell the house to a sibling for a buck.Medicaid cought on to that idea.The secrets on how to move elderlies money for Medicaid reasons knowone wants to say.Knowone will tell you how they get their grass so green.Because,if they do yours will be greener.
Let me give you what knowone else will give you?And that is the secret.
Lottery & Gambling is the secrets on how those rich old people do it and get away with it all.Remove all the money out of the bank accounts and stash it all in a freezer.Why a freezer?because if a fire it wont burn and a robber wont think of going to the freezer a great hiding place it is.Or CD's.Cd's don't hold full value until aged.Medicaid allows you to have a car,bank account and one credit card.The only money that keeps going to the bank is the SS checks that's it.Many elderly people hide their money in safty depostit boxes wrapped in papper or other to hide it's money.The biggest secret is,what to say to Medicaid when they ask where did all the money go?Guess where the money went?Gambling,Lottery tickets is what they tell Medicaid.They lost it all gambling or at casinos.They keep small winning tickets around for proof and call the 1800 hotline addicted to gambling once a month to cover their butts.Cars,boats,homes are titled into other family names.
I had a relative yrs ago that did this same thing and got away with it.So,I know how those rich old lires do it.Elderly people are sneakier then people think.
So,if your after for your Mother to get on Medicaid that's the steps.My relative qualified for Medicaid after waiting a yr and that person had $500,000 in the freezer and getting food stamps.The tricky secrets people don't want to give away.
Enjoy! Hope the best.

Your mother doesn't qualify for NH care. Have you considered Geriatric Day Care. Monday thru Friday. You can drive or the day care has a bus to pick them up and take them home for a fee. There is always a Nurse on duty. They will give them breakfast and lunch. The nurse will give them their medication. There are activities. If they need to nap they can. But, they kept their minds going. The average price is $40 to $60 per day. Transportation from $15 to $ $25 per day. There day is about 6 hrs per day. It is not permanent placement. But, it will give you a big break.

Gosh I am surprised she would not qualify for help via Medicaid if every cent of her $2600 was spent on her care but more was needed to provide for her. I do like this site because of questions just like this, that make us think about .....what would I do...instances. My mother does not have that much social security each month but it is still something to think about.

Medicaid rules and eligibility varies by state, where are you located? You may want to speak with a social worker as they can provide you with assistance on how she can qualify for medicaid benefits. For some states, income eligibility is based on the cost of long term care facility, just make sure that you did not sign any documents with the ALF that would make you personally responsible for any payment shortfalls. If she really does not qualify for medicaid, check out other federal or government long term care program that can assist you paying for your mom's long term care needs.

Assisted living you have to pay for. To get extra help her income can't go over $2000. And she can only have $2000. In the bank. Maybe if you talk to the Social Worker and ask her if you paid for someone to stay with her from lunch until she goes to bed. The facility would consider keeping her. They could also find an agency and send you a certified nursing assistant. Monday thru Friday and if the family took turns on the weekend. This would take the pressure of you. If she goes into a NH. They will take her monthly checks and do a spend down until her savings is gone. Then she would be eligible for Medicaid. If your mother owns property. Medicaid will put a lean on her property. After her death you will be required to sell her property by 9 months. They would also attach life insurance. I would suggest to plan and pay for her funeral, any services and cemetery. That is the way the system works. Good Luck!

Are you saying that she has too much in assets to qualify for medicaid ?

The facility should be able to help you get Medicaid or, if she is the widow of a veteran, VA "Aid and Attendance" aid. DO NOT PICK HER UP, the facility won't just throw her to the curb, they have to find her a place, the state will step in and take over. Hopefully you did not sign for financial responsibility.