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My husband is to go in a nursing home we have 10,000 in saveing but I also have my own money in a account under my name. If he has to go on Medicaid will they take my money?
Kmeiss, while living there with his father, did your cousin take care of him, putting off the time he needed a nursing home for a few years? That will make a difference, as I understand it.
If Uncle is going to the NH on Medicaid, he does not have to sell his house. However, all of his income will go to pay the NH, and someone else will have to pay the taxes, insurance, and upkeep on the house. Can Cousin do this?
When Uncle dies, the state can seek to recover some of their costs from the sale of the house. Cousin should keep very careful records of his expenses in maintaining the house, so he can be reimbursed first. And if he was a caregiver for Uncle, that will change things in his favor.
At the point when Uncle is getting ready to apply for Medicaid, consulting an elder law attorney might be a good investment in handling things correctly.
If my uncle goes into a nursing home, will my cousin lose the house that is in my uncles name. He has lived there his whole life. My cousin is in his 40's.
Oh, do I hear you, Igloo! But being plunged overnight into severe dementia is not exactly condusive to carefully planning and executing a major downsizing of one's lifestyle. And not everyone who is hit with a catastrphic illness has the funds to pay off debts. What is ideal isn't always practical. Not all Medicaid recipients go into NH -- some are still living in their homes (as my husband is) complicating considerably a quick move before applying for Medicaid.
Igloo, you do a great job of bringing aspects of this complicated business to our attention. Keep it up!
desert - your have brought up a really good and overlooked point about the "house" issues with couples when 1 goes into NH and the other does not.
For many couples, the remaining at the home seems fine & dandy for a few years - especially if the at home spouse is younger & healthier than their mate. Let's say, Tiffany, is a 2nd wife and 20+ years younger. But if say 5 years later, Tiffany finds the house just too big or too much to deal with and Tiff sells the house and moves into a condo that is less money then she probably is going to have to pay part of the proceeds from the sale to the state's Medicaid program. If might be best to look at downsizing their whole lifestyle and paying off whatever debt before the entry into the NH so they are minimizing their exposure to Medicaid Estate Recovery. I bet there are quite a few Tiffany's in this situation too.
No hiding money, you will get hit with a "transfer penalty".
Transfer penalty could come months later after they are on the Medicaid program and they have been living at the nursing home. The NH will get a letter from the state indicating that they have found the resident has a penalty of X # of days. You or whomever is the responsible party will get the letter too. Penalty is based on what each state benchmarks as it's room & board day rate. For Texas the penalty is $ 142.92 per day. So if you transferred something worth 30K - like a car or savings - then that is 209 days that someone have to private pay to the NH asap or you will get the dreaded 30 day eviction notice from them and face a collection action. This is a total panic situation to be in. You don't want this to happen.
When you apply for Medicaid, you sign off to allow for any and all financial access for Medicaid to review, plus you have to provide all insurance, retirement information with the application. Medicaid is a needs based entitlement program that is tax payer supported, you have to have very, very limited resources in order to qualify. If everybody went and took all of their parents or spouse's $ and transferred the house on Monday and could apply for Medicaid on Tuesday, the system would collapse. You have 5 years to plan this out.
Your financial info is just a couple of keystrokes away, there really isn't a way to hide income and assets.
When you are married, it doesn't matter whether your money is in an account with only your name on it (at least it didn't matter for me). I received an inheritance from my mom when she died in 2005. This money was set up in an account with only my name on it and my daughters as beneficiaries. When my husband went into a nursing home, they counted my inheritance as joint property and since he was already in the nursing home, I had to write $5,000 checks for private-pay every month until the money ran out. It was a nightmare. After that, I had to bring him home (I also have a retirement account and all this together made us ineligible for Medicaid). My husband is now in another nursing home and after a 6-mo approval process, he was just approved for Medicaid effective 10/1/2011. After reading all the comments, I sure wish I had sought the advise of an elder law attorney.
There are some really good companies out there that deal wilth estate planning. Maybe contact one of them would be a good choice for you. But really, Medical does look back 5 years and they get information from IRS, the State and so forth, so hidding money is not a good idea.
Agree with above. Get an elder care/estate attorney. In California you keep house, car, and $103,000 (I believe this was 2010 limit). If you have mortgage, pay it off along with equity line of credit, credit cards, and any other joint debt. Also, I think even though you keep house, if it is sold, Medicaid can "recover" their costs for NH from your husband's half of sale price. Make sure you get an attorney who specializes in estate planning and elder care.
Really, Medicaid qualifications for a couple where there will be one in a nursing home and one community spouse that you really need to get the help of an elder law attorney.
No no no hiding money! When it is uncovered, you'll have to pay big in Medicaid penalties. Do as the others suggested. Hire an Elder Care attorney now!! The Medicaid process takes a long time since the system is so backed up. I am doing this now for my father and my mother is the community spouse. If you have a home, you can keep it. If you have a car, you can keep it. Prepay yours and his funeral expenses. They will look at every account you have and very transaction over $1,000, within a five year look-back periods. There's no hiding money. There are calculations that will allow to keep a certain portion of your current income to live on. An attorney can tell you all this -- not some man... Good Luck!
Why is he going into a nursing home? I would take the money out, keep it hidden. If you can, then wait the 3 years before he goes. They will make you spend it.
Your probably best served spending some of "your" $$ with an elder care or estate attorney to give you the definite on how your state views individual V community property and when assets are co-mingled and viewed by your state's Medicaid.
So say you have 100K in investments in your name and SS# and you wholly owned it before you ever married - yes that is separate property - but the interest $ is put into a joint account. So you are co-mingling the $ and it could be viewed as a joint asset. You need good legal done to get it clearly separated. Another thing to think about - if your spouse is going on Medicaid - is what should happen if you die before him. If he inherits, then he will be off Medicaid and who is going to be his advocate or manage his affairs? This is a super sad situation and you can use "your" $ to set something up, like a special needs trust, for him if you die.
I talked to a man at the family services and he told me that sence the money was in my name and my husbands name was not on the account my money would be ok. I live in ks Should i believe this man?
You are considered the "community spouse". You really should get an estate attorney to evaluate your situation and very soon.
For couples where 1 of them is going into a NH, Day 1 of "institutionalization" is the key date for finances, the "snapshot" day that your & his financial situation will be based on for Medicaid. If there is something legitimate you could spend down on, you really need to do it before Day 1.
For couples, you would be a "community spouse" and as such the asset ceiling is higher and is limited to ½ of couple's joint assets.This “spousal protected resource allowance” is equal to one-half of the countable resources but not more than $109,560 in 2011. I think it’s this amount for all states.
For couples if there is a home with a mortgage, and the community spouse is going to stay living in it, paying off the mortgage is often the single biggest easiest way to decrease their assets. Good luck.
develop, I don't think it matters whose name is on the account. I had to spend down my own pension funds when my husband went on Medicaid. Do get some professional advice with this process.
It really depends on what stat you live in. In California, we are a community property state where as if you are married an unless you have a pre nupital agreement then all the monies count whether his name is on the acct or not. However, there is such a program called spousial improvishment ( I may not have spelled it correctly) but is a program for Medical that will allow the spouse to keep most of the monies (income) without paying it to the NH. The resourse limits are quite high such as $113,000. and your home and car is exempt. If he is going to a NH you should contact your local Department of Social Services an asked to speak with someone about appling for long term care. I worked for SS for about 18 yrs. I do know that the rules change a little from state to state.
I believe that since you are married, your money will also be counted as assets. You could see an estate attorney to see if you have anything special that makes your case different, however. Take care, Carol
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
If Uncle is going to the NH on Medicaid, he does not have to sell his house. However, all of his income will go to pay the NH, and someone else will have to pay the taxes, insurance, and upkeep on the house. Can Cousin do this?
When Uncle dies, the state can seek to recover some of their costs from the sale of the house. Cousin should keep very careful records of his expenses in maintaining the house, so he can be reimbursed first. And if he was a caregiver for Uncle, that will change things in his favor.
At the point when Uncle is getting ready to apply for Medicaid, consulting an elder law attorney might be a good investment in handling things correctly.
Igloo, you do a great job of bringing aspects of this complicated business to our attention. Keep it up!
For many couples, the remaining at the home seems fine & dandy for a few years - especially if the at home spouse is younger & healthier than their mate. Let's say, Tiffany, is a 2nd wife and 20+ years younger. But if say 5 years later, Tiffany finds the house just too big or too much to deal with and Tiff sells the house and moves into a condo that is less money then she probably is going to have to pay part of the proceeds from the sale to the state's Medicaid program. If might be best to look at downsizing their whole lifestyle and paying off whatever debt before the entry into the NH so they are minimizing their exposure to Medicaid Estate Recovery. I bet there are quite a few Tiffany's in this situation too.
Transfer penalty could come months later after they are on the Medicaid program and they have been living at the nursing home. The NH will get a letter from the state indicating that they have found the resident has a penalty of X # of days. You or whomever is the responsible party will get the letter too. Penalty is based on what each state benchmarks as it's room & board day rate. For Texas the penalty is $ 142.92 per day. So if you transferred something worth 30K - like a car or savings - then that is 209 days that someone have to private pay to the NH asap or you will get the dreaded 30 day eviction notice from them and face a collection action. This is a total panic situation to be in. You don't want this to happen.
When you apply for Medicaid, you sign off to allow for any and all financial access for Medicaid to review, plus you have to provide all insurance, retirement information with the application. Medicaid is a needs based entitlement program that is tax payer supported, you have to have very, very limited resources in order to qualify. If everybody went and took all of their parents or spouse's $ and transferred the house on Monday and could apply for Medicaid on Tuesday, the system would collapse. You have 5 years to plan this out.
Your financial info is just a couple of keystrokes away, there really isn't a way to hide income and assets.
so hidding money is not a good idea.
Also, I think even though you keep house, if it is sold, Medicaid can "recover" their costs for NH from your husband's half of sale price.
Make sure you get an attorney who specializes in estate planning and elder care.
-SS
So say you have 100K in investments in your name and SS# and you wholly owned it before you ever married - yes that is separate property - but the interest $ is put into a joint account. So you are co-mingling the $ and it could be viewed as a joint asset. You need good legal done to get it clearly separated. Another thing to think about - if your spouse is going on Medicaid - is what should happen if you die before him. If he inherits, then he will be off Medicaid and who is going to be his advocate or manage his affairs? This is a super sad situation and you can use "your" $ to set something up, like a special needs trust, for him if you die.
Spend "your" $$ on an attorney, really.
I live in ks
Should i believe this man?
For couples where 1 of them is going into a NH, Day 1 of "institutionalization" is the key date for finances, the "snapshot" day that your & his financial situation will be based on for Medicaid. If there is something legitimate you could spend down on, you really need to do it before Day 1.
For couples, you would be a "community spouse" and as such the asset ceiling is higher and is limited to ½ of couple's joint assets.This “spousal protected resource allowance” is equal to one-half of the countable resources but not more than $109,560 in 2011. I think it’s this amount for all states.
For couples if there is a home with a mortgage, and the community spouse is going to stay living in it, paying off the mortgage is often the single biggest easiest way to decrease their assets. Good luck.
Take care,
Carol