If I closed bank accounts or if I took out cash periodically and put under my mattress how does Medicaid know it was for a transfer during the lookBack period for Medicaid penalty?
warren my experience with medicaid applications for Hospice patients is that the social worker is able to handle the applications. I also feel strongly that everyone pays their own way if that is possible. Why should some be able to hide their money while their bills are paid by other taxpayers. Inheritance is not a right. If there is something left after the parent dies that of course is a benefit. At present medicare only looks back five years but that could be extended anytime. so if you must give your heirs funds during your lifetime but be sure they understand that if you require medicaid during the five years medicaid will expect them to pay if back. Spending down means using your money to pay needed expenses such as medical or household adaptions for the handicapped but no luxury cruises. Ordinary household expenses are allowable
I want to bring my father home. We had to file for Medicaid to cover the cost of his stay at the nursing. My question can I bring him home before Medicaid begins paying or do I need to wait?
Shirley, if your Mother needs to go into a nursing home prior to being approved by Medicaid she would probably pay $7k or more out of pocket.
By using an Attorney who is familiar and skilled with the Medicaid application process, the paperwork gathering process, etc. he/she could get your Mother into a nursing home with Medicaid sooner, thus you would be paying the attorney the $7k but Medicaid would be paying the nursing home.
In either case, you would be paying $7k [maybe more if nursing home out of pocket is more than $7k].
I was going to put Mom on medicaid and went to see two lawyers. For them to go over the medicaid application after I fill it out and put together all the required information, both said it would cost over $7,000 just to review the application. Mom is completely out of money except for 1,200 per month from SSI. She has heart desease, lung disease and severe alzheimer's. I have been taking care of her 24/7 for seven years. When I moved in seven years ago to take care of her, her heart doctor said she had between 3-6 months to live. I have nothing left except her house which I transferred into my name 6 months ago. I am borrowing money to continue taking care of her. I was told that medicaid will fight me for the house, (despite the child caregiver rule), and I will have to hire a lawyer again to try and keep the house. I have decided that it will probably be much cheaper to continue borrowing money and keep her at home until she passes rather than to go the medicaid route and pay lawyers untold amounts, (which I would have to borrow anyway), and take the chance that medicaid will take the house anyway. Almost all lawyers have become heartless scam artists, looking to take every penny they can from you and any lawyer reading this post knows exactly what I'm talking about. What good is their ill gotten gains going to do for them in Hell. You could try to get free legal aid, but they usually will not help you if their help can benefit you financially.
Warren, I know that your wife has dementia as you have stated, but what type is it and how far has she progressed? Does she have any medical ailments that she would require a Nursing home, rather than an Assisted Living?
Warren, You might ask your attorney about Filial Responsibility. When all is said and done, will your state's healthcare authority ask your children to "reimburse" the Medicaid paid portion of a nursing facility's fee.
Warren - honey you are overwhelmed. And rightly so. The "annuity" if it was suggested by the atty to do one, I'd do it. But it needs to be a "medicaid compliant" annuity. There isn't a lot of insurance underwriting on this type of product. I'd imagine the atty has a financial planner that they work with and understands about Medicaid compliant annuities.
The annuity will need to make the state as the beneficiary & usually requires a lower & more specific limited commission structure & required reporting.
It is a great single action way to get all the $$ over the amount allowed by Medicaid for a community spouse (usually 118k) to go into the annuity so the ill spouse can be eligible for Medicaid. Normally I hate hate hate annuities but for community spouse situations, they can be a solution. The annuity structure will be determined by actuarial tables, so if your a younger CS, you maybe could outlive the tables & outlive the annuity. Totally a win-win!
Warren, it's nice you want to save something for your grand kids.... but there might be a time when you need funds for your own care.
This is what I have noticed with my own relatives, not all grown children or grandchildren want the house. I was glad when my Dad sold the house and used the money for his Independent Living and then Assisted Living cost.
Right now, one of my late Aunts left her house to her 3 grown children. Two want to keep the house, one wants to sell it because she cannot afford to pay 1/3 of the property taxes and house insurance on a house that has been sitting vacant. The other two cannot buy her out. Now the siblings are barely talking to each other :(
I went to an eldercare attorney to save something for the grand kids and he got most of our property out of the reach of the NH except for our joint bank account which half will go to the NH for my wife before Medicaid starts paying. Looks like we will need to 'spend it down' or put all available cash into a Medicaid Annuity.
Warren, you told us you were going to see an eldercare certified attorney. Have you done that?
A NAELA certified attorney who is familiar with Medicaid regs in your state is the person you need to be talking to. You are the 'community spouse" and there are regs to assure that you are not impoverished, but it's not a DYI project.
Don't be penny wise and pound foolish. You'll regret it for the rest of your life.
The bank has all the statements in their computer from the first day you and your wife signed up for accounts. Medicaid will either get the statements or ask for your to get the statements from your bank.
I don't keep bank statements, either, for a long time.
Warren, I've been following your postings and I know things have been difficult for you and your wife, especially for your wife's care.
I assume that Medicaid uses your social security number and that of your wife's to do the look back. They will want to gather 5 years worth of bank statements, any stocks bought and sold, probably check with the IRS to see if there are any other funds, etc.
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I also feel strongly that everyone pays their own way if that is possible. Why should some be able to hide their money while their bills are paid by other taxpayers. Inheritance is not a right. If there is something left after the parent dies that of course is a benefit. At present medicare only looks back five years but that could be extended anytime. so if you must give your heirs funds during your lifetime but be sure they understand that if you require medicaid during the five years medicaid will expect them to pay if back. Spending down means using your money to pay needed expenses such as medical or household adaptions for the handicapped but no luxury cruises. Ordinary household expenses are allowable
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By using an Attorney who is familiar and skilled with the Medicaid application process, the paperwork gathering process, etc. he/she could get your Mother into a nursing home with Medicaid sooner, thus you would be paying the attorney the $7k but Medicaid would be paying the nursing home.
In either case, you would be paying $7k [maybe more if nursing home out of pocket is more than $7k].
The annuity will need to make the state as the beneficiary & usually requires a lower & more specific limited commission structure & required reporting.
It is a great single action way to get all the $$ over the amount allowed by Medicaid for a community spouse (usually 118k) to go into the annuity so the ill spouse can be eligible for Medicaid. Normally I hate hate hate annuities but for community spouse situations, they can be a solution. The annuity structure will be determined by actuarial tables, so if your a younger CS, you maybe could outlive the tables & outlive the annuity. Totally a win-win!
This is what I have noticed with my own relatives, not all grown children or grandchildren want the house. I was glad when my Dad sold the house and used the money for his Independent Living and then Assisted Living cost.
Right now, one of my late Aunts left her house to her 3 grown children. Two want to keep the house, one wants to sell it because she cannot afford to pay 1/3 of the property taxes and house insurance on a house that has been sitting vacant. The other two cannot buy her out. Now the siblings are barely talking to each other :(
A NAELA certified attorney who is familiar with Medicaid regs in your state is the person you need to be talking to. You are the 'community spouse" and there are regs to assure that you are not impoverished, but it's not a DYI project.
Don't be penny wise and pound foolish. You'll regret it for the rest of your life.
I don't keep bank statements, either, for a long time.
I assume that Medicaid uses your social security number and that of your wife's to do the look back. They will want to gather 5 years worth of bank statements, any stocks bought and sold, probably check with the IRS to see if there are any other funds, etc.