Hi, it's me again. I wrote back in November of last year to ask about helping my parents with this ordeal. My dad is now in the hospital and will have his other lower leg amputated. Long term care is inevitable at this point. If you remember, she met with an elder law office who was going to charge $14,000 for "life care planning", which included the medicaid application, a will, and putting my mom's house in a Family Asset Protection Trust, so that when he passes away, the nursing home cannot take her home (after she passes away). So many of you told me to forget that deal, no way would anyone pay $14,000 for that. That is for a year, then if she wanted to keep them on after that (for herself I guess), it would be $3,900 for years 2-5. Just for a recap, they live in TN, would have to spend down roughly $110,000, and sell one vehicle. Their house is paid off and would bring about $175,000 if sold. My mother would definitely want to sell as it is too much for her to take care of. She is a pretty healthy 75yr. old, expected to live many more years. They have no stocks, no insurance policy's, nothing extra. Just checking, savings and SS. My Mom should be able to keep part of his SS to bring her's up to what the community spouse is allowed per month. She only receives something in the $800 range. She honestly can't make it without his. So that's where we're at. I think the only other Elder Law office anywhere close is in Nashville, which is 2 1/2 hours from Greeneville. I don't think that is feasible for her. She is worried that he might not qualify for TennCare (Tennessee's Medicaid). I think a double amputee, diabetic with heart disease, and stage 4 kidney disease would qualify, especially after the spend down. I'm trying to convince her not to use this Elder Law office in Johnson City that charges $14,000 (even though that fee can come out of the spend down). Okay, now what say you?
There are rules about assets that mom can keep. I have read that she could have 120k and that means that she would not have to split the house with dad 50/50. She will also be allowed part of his ss to make it every month.
You have to do something about finding out if you should depend on someone that would gouge people in this situation. Get on the internet and make some phone calls.
Not trying to be rude but you are talking about paying 8% of their assets to do a form, that's insanity. You aren't dealing with very much money to justify paying 8%. The reality is that you and mom are the ones that will be gathering all of the required information anyway, so why not put some effort in now to know if that is your only choice. I bet you find filling out the form is the easy part, gathering everything to fill it out is the daunting bit and that will be on you guys to do. The attorney will just send a list of what you have to provide.
Have you pursued anything regarding this since you posted in November.
Is your dad a Veteran? If so it is possible that you could get quite a bit of help from the VA depending on where and when he served. (contact a Veterans Assistance Commission office there service is FREE)
Is there a Senior Center in your town that has a Social Worker that you can talk to they might have some ideas for you as well.
the other advice is an Elder Care Attorney is the type of attorney that you need to talk to. Someone that does this type of law daily not someone that does all sorts of law and a bit of Elder Law once in a while.
This attorney is in the office with the one who is certified in Elder Care Law. That's why we chose them. We asked if they could just draw up a trust for the house and prepare the Medicaid application only, to which they said yes but would still charge the same.