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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.
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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.
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One con about a house in trust is if the owner goes into LTC. It cannot be touched or transfered until death of both. Who will cover the bills during that time if both vacate to LTC. Will a single spouse be able to cover expenses alone? Consult your attorney on this new diagnosis
Special Needs Trust are set up to protect a disabled person's assets. For me, that was my nephew who was born physically disabled. This trust goes to Medicaid upon death. And my understanding is, you can't get it passed 65. I do remember a member saying they were able to get one for her spouse.
If the attorney that set up the trusts is not an Elder Care Attorney you might want to see one just to make sure that you have everything you need...or will need. Are the Trusts IRREVOCABLE or REVOCABLE? Do you have a "Special Needs Trust" set up in case something happens to you your husband is cared for in the way you would want?
And a bit off subject but because it is me responding I have to mention these 2 things. 1. Is your husband a Veteran? If so the VA may be of a little help or a LOT. Depending on where and when he served he may be due for benefits. And the VA now pays a spouse to care for the Veteran. contact your local Veterans Assistance Commission they can help determine if he is due any benefits. Their service is FREE.
2. Your husband may qualify for Hospice. Hospice is NOT just about end of life. As long as there is a documented decline a person can remain on Hospice. (My Husband was o n Hospice almost 3 years) But you will get a Nurse weekly, a CNA at least 2 times a week as well as all the supplies and equipment that you will need and it will be delivered to you. And Medicare/Medicaid will cover Respite.
Also it is really NOT AbOUT the care facility “touching the trust or your retirement”. The NH have to have a definite source of payment on a resident….. whether it’s private pay, LTC insurance or eligibility for LTC Medicaid. The NH doesn’t care what machinations were done as long as it doesn’t pose a problem for paying. If a resident does an LTC Medicaid application and is found ineligible then the facilty has no choice but to seek payment from whomever can be liable, which you as a spouse can be.
Please pls pls again you need to speak with the attorneys who did the Trust and all the title changes on the house to see if the actions are good for Medicaid compliance. Folks on this forum CNA give you idea of area that could be problematic but it’s legal in your city / State that you have to work with on all this.
Realistically dealing with couple situations for eligibility for LTc Medicaid is not at all simple. It’s not a DIY. Ideally this would have been worked out and discussed before ever doing any type of “Trust”. Why are you not taking this to the legal who did the Trust?
Trust issues: so placed into an honest to goodness IRREVOCABLE Trust? Or placed into a revocable Trust or was it a Life Estate? Done when? Was it prior to Summer of 2019? And how are costs of the property titled into that Trust being paid?
MC issues: Do you know for sure 100% that this MC you are looking at for your hubs has LTC Medicaid beds as the MC is part of a SNF; or is it a MC within an AL so paid via a LTC Medicaid waiver program and right now it has a bed open and available for him? MC tends to be run under an AL format but with the MC sector being locked and monitored. So is this MC actually AL? If so, the majority of States do NOT do waivers of funding from the LTC Medicaid program to have them available for AL / MC. So clearly find this out. And often those that do, they require 2 yrs of private pay before they can be placed into the Medicaid waiver bed, &/or there is a waiting list for bed placement. If this is the situation, he will need to private pay till his availability comes up.
judyellis818, it depends if you have a Revocable Trust or Irrevocable Trust.
With an Irrevocable Trust, I believe Medicaid cannot touch the funds, but neither can you. So if there is an emergency and you need money that is in the Trust, you can't. You have zero control over the funds.
Plus, I think it is very unfair to have us taxpayers pay for someone's care if they have the funds to pay on their own. Just my opinion.
You will have to ask a lawyer . It depends on what kind of trust it is and when it was made . As already mentioned there is often a 5 year look back in most states . Lawyers should explain this when making the trust , but it seems many don’t .
HI Judy - well, you'll need to speak to the lawyer who set up the trust, etc to ensure this. Was he a trust and estate or elder lawyer? There's also a five-year look-back regarding trusts. Also, you mentioned your retirement - it's all so specific and really requires the advice from a lawyer who specializes in this - and who can review your situation, investments and how it was set up.
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.
Are the Trusts IRREVOCABLE or REVOCABLE?
Do you have a "Special Needs Trust" set up in case something happens to you your husband is cared for in the way you would want?
And a bit off subject but because it is me responding I have to mention these 2 things.
1. Is your husband a Veteran? If so the VA may be of a little help or a LOT. Depending on where and when he served he may be due for benefits. And the VA now pays a spouse to care for the Veteran. contact your local Veterans Assistance Commission they can help determine if he is due any benefits. Their service is FREE.
2. Your husband may qualify for Hospice. Hospice is NOT just about end of life. As long as there is a documented decline a person can remain on Hospice. (My Husband was o n Hospice almost 3 years) But you will get a Nurse weekly, a CNA at least 2 times a week as well as all the supplies and equipment that you will need and it will be delivered to you. And Medicare/Medicaid will cover Respite.
Please pls pls again you need to speak with the attorneys who did the Trust and all the title changes on the house to see if the actions are good for Medicaid compliance. Folks on this forum CNA give you idea of area that could be problematic but it’s legal in your city / State that you have to work with on all this.
Trust issues:
so placed into an honest to goodness IRREVOCABLE Trust?
Or placed into a revocable Trust or was it a Life Estate?
Done when? Was it prior to Summer of 2019?
And how are costs of the property titled into that Trust being paid?
MC issues:
Do you know for sure 100% that this MC you are looking at for your hubs has LTC Medicaid beds as the MC is part of a SNF; or is it a MC within an AL so paid via a LTC Medicaid waiver program and right now it has a bed open and available for him?
MC tends to be run under an AL format but with the MC sector being locked and monitored. So is this MC actually AL?
If so, the majority of States do NOT do waivers of funding from the LTC Medicaid program to have them available for AL / MC. So clearly find this out. And often those that do, they require 2 yrs of private pay before they can be placed into the Medicaid waiver bed, &/or there is a waiting list for bed placement. If this is the situation, he will need to private pay till his availability comes up.
With an Irrevocable Trust, I believe Medicaid cannot touch the funds, but neither can you. So if there is an emergency and you need money that is in the Trust, you can't. You have zero control over the funds.
Plus, I think it is very unfair to have us taxpayers pay for someone's care if they have the funds to pay on their own. Just my opinion.
Lawyers should explain this when making the trust , but it seems many don’t .
Wishing you all the best ~