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CarrieLockhart Asked November 2019

Is their any harm in waiting until Dad loses his leg, goes into a skilled nursing facility, and at that time applying for Medicaid?

My Dad had his Angiogram last week and there is nothing further they can do to save his leg. So now it's a waiting game until it has to come off. He already has one prosthetic leg, and has never come off the walker since losing that leg in 2015. If you remember me, my Mom met with the only Elder Care Attorney in her area last month, and their fee for Life Care Planning is $14,000 (that covers their services for one year), and $3,900 for years 2-5, if she wanted to keep them on. This is in Johnson City, TN. I am in Indiana. She told them the other day that she is only interested in them filing the Medicaid application and putting her house in the FAPT trust, not the whole "Life Care Planning". They said that is fine, but it will still cost $14,000 to retain them. Also, they want to start the application process right away, which as you know would also mean the "spend down" part of it. They would have to spend down $110,000, plus sell their 2nd vehicle that mom uses a lot.


So my question is, shouldn't my mom just wait until it's time for that leg to come off, to start the Medicaid application process? Or maybe the house needs to be in a trust before then? She plans to sell the house once dad is in LTC facility, which this attorney told her she could, even with it in that trust. She is really between a rock and a hard place. That fee is absurd!! But what else can she do? She cannot drive to Nashville, where there is another ELA, or to Asheville, NC. They will both be 75, this month and next month. It gives me anxiety trying to figure out what to tell her, how to help her with this. Plus, is there a chance he would be turned down for Medicaid LTC? And with that, she would be out the $14,000 fee. By the way, their only income is SS. This is crazy and scary!

Isthisrealyreal Nov 2019
Oh bugger. She has her hands full for sure.

Does she have any in home help?
I would encourage her to get someone in, keep meticulous records of the payments made, dad's half and all that. But getting someone else to help her and give her a break will help her not feel so overwhelmed.

I really do get being upset that I am having to clean your feces because you didn't take care of your health and you knew that you had a serious disease. Yeah, justifiable anger. I so get it.

Maybe someone that can take some of the work load off her. Cooking meals, doing laundry, cleaning up the house, bathing dad. He doesn't get to say no at this point it is for her wellbeing.

Isthisrealyreal Nov 2019
Carrie, one thing that you need to know and tell mom, all of the hunting and gathering is not going to be done by any attorney's office. They are going to send lists of paper work they need.

She or you will be doing the tedious work for the application. Perhaps downloading the application and sending mom a list now will help her not feel so overwhelmed with it all.

How are they holding up, is your mom taking care of herself? Is dad stabilized or erratic? I am so sorry that your family is running into this kind of "help".
CarrieLockhart Nov 2019
My mom has days where she is at her wits end. Dad fell (slowly against bedroom door) two nights ago, and she was unable to get him up, so had to call EMS to come help. He was having trouble moving his prosthetic leg. I guess his sugar was very low, due to taking his insulin for the night and not eating hardly any of his dinner. He also has incontinence issues, so dealing with that is overwhelming for mom. Even with diapers and condom catheters, he still has messes. My mom is very bitter because my dad got diabetes in his mid 40's and never took it seriously. All of their retirement dreams never came to be, because upon retiring at age 70, his health went downhill dramatically. He has had many hospitalizations, followed by skilled nursing facility rehab. He was at deaths door a few of those times as well. Basically, he has just been existing for the last 5 years. He can't go out in the yard, in the pool, walk down to get the mail. No more gardening, washing the truck in the drive, nothing. It's been hard to watch. My mom takes meds to cope, to help her sleep. She now takes care of everything inside and outside, which is a lot.
I appreciate your comments.

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IES130 Nov 2019
I would call a few different elder care attorneys. I did the same thing and found that one wanted over $10,000 and another one that I spoke to wanted less than half of that. I think $14,000 is a lot. There are also elder care financial planners that you can search for (not necessarily a lawyer). Speaking with the medicaid office is helpful as well they can help you through the process. Good luck!
CarrieLockhart Nov 2019
Thank you so much.
JoAnn29 Nov 2019
You need to talk to Medicaid. If Dad goes into LTC your Mom becomes a Community Spouse. This is a condensed explanation.

Medicaid will look at ur parents finances. The money will be split, lets say, in half. Dad getting half Mom getting half. Dads half will be spent down. His spend down can go towards his care in the LTC. Then Medicaid will take over.

Your Mom can own one car. I would ask if she can keep the car she likes and sell the other. Not sure how Medicaid determines which car u keep. She will get the house. A lean will not be applied until ur fathers passing. If sold, the lean will be satisfied at that time or upon Moms passing. If she sells before Dads passing half of it will go to his care.

I would not deal with a lawyer till u needed it. 14k isca lot. Office of Aging maybe able to help with application.

mstrbill Nov 2019
Given that they have $110,000 to spend down, why not use some of that towards the attorneys? It is going to have to be spent anyway. Or Am I missing something?
CarrieLockhart Nov 2019
No no, you're not missing anything. It's just that no one can see the sense in paying that kind of money, it's outrageous. Sure it can come out of the spend down, but why pay that much if there is a way around it.
MaryNTN Nov 2019
I am in Johnson City. We contacted the Area Agency in Aging 866-836-6678 (this location covers Washington County) for information on what my mom could do. Her financial issues were on the opposite end of the spectrum, but they directed us towards options. They did the Medicaid application with us and stayed in contact with the state until it was approved. Really nice ladies
cherokeegrrl54 Nov 2019
So glad to hear your family got the help you needed!!
Isthisrealyreal Nov 2019
I would hire someone to drive her to Nashville, that is completely out of line that they are going to get 14k no matter what.

You may need to schedule appointments and get down there to help her get this taken care of without being taken by this unscrupulous attorney.

You can't let her use them. This type of business practice can only survive when people believe that they have no choice. You have many choices, use a different one.

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