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MFrisch Asked March 11, 2024

Mom has to go to a NH. She has dementia and Parkinson’s. She has enough to pay for about 8 months. Her SS is 650 over the Illinois limit.

My fear is I spend all my mom’s money and she still gets denied for Medicaid. Then she is broke and sent back to us where she can’t be taken care of correctly. I work, my son works and it’s taking a toll on both of us.

BarbBrooklyn Mar 11, 2024
https://www.nolo.com/legal-encyclopedia/when-medicaid-illinois-will-pay-nursing-home-assisted-living-home-health-care.html#:~:text=If%20your%20monthly%20income%20exceeds,month%20on%20other%20eligible%20expenses.

Get yourself to an Elder Law attorney in Illinois.

97yroldmom Mar 11, 2024
Illinois doesn’t appear to have a Miller trust type provision that I can find online.
That is MORE reason to see a certified elder attorney who can help you find a way around moms disqualifying income. Look for an attorney who has extensive experience aiding elders in qualifying for Medicaid Long Term Care, (LTC) whose INCOME is over the maximum. ASSETS can be spent down, It is the income you need help with as you stated in your post so time to look for a well respected, qualified elder law attorney.

Also look for care homes who do not take Medicaid but who might take patients for the amount mom is able to pay. Remember she will still need to pay her insurance premiums. Some of the care homes are really good. You will have to look for them. They don’t spend money on advertising. They will have a fire department license, maybe a health department license ? The Area Agency on Aging did not have a list when I checked. But you can ask them as they may take Meals on Wheels to them in occassion. Senior Centers may know where they are located.
Home Health agencies know where they are because they go there to see patients. Hospice companies may have a list. Some churches have volunteers who visit them. Some ALF know where they are as they will use them sometimes when they have patients they are no longer able to care for. In this case rather than spending down her money you will want to stretch it as long as possible. These homes are located in neighborhoods. You may have one near you.
Let us know what you find. We learn from one another.

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AlvaDeer Mar 11, 2024
I too suggest an elder law attorney. More and more this isn't do it yourself stuff. You say she has 8 months of funds left. As soon as she is in care is the time to start working on her applications for aid from Medicaid or at least thinking of doing so. ALL of her SS will likely go into her care facility, with Medicaid picking up funds after hers fail to cover costs. That is, in all likelihood. But now is the time to find all of this out, to look over how it is done, and to request a social worker or aid worker from the nursing home to assist or to recommend who you should see for assistance in options and applications. I sure wish you both the best.

JoAnn29 Mar 11, 2024
You need to find out if your State allows a Miller/Qualifying Income Trust. You will need an Elder Lawyer to set it up. The xtra money will go into this trust and revert back to Medicaid upon her passing.

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