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were waiting for our sons Medicare waiver he’s finally pre approved how do we leave some monies to our daughter for him without losing his benefits

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See a Trust attorney. This is easily done by them, and often. Good luck.
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Reply to AlvaDeer
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MACinCT 3 hours ago
Just to add... trusts costs around 8k to set up but they do save$$$ in the long run. If you can trust the future caregiver since your son will need Medicaid, another option is to leave all of your assets or half of your assets to this person in your will. Any inheritance to your son will need to be spent down with a re application to Medicaid.
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There are a few that will respond with very good answers but I would suggest that you consult with an Elder Care Attorney for some advice.
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Reply to Grandma1954
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We also have a son who has life long extra needs. We saw an excellent attorney who guided us in how to structure money for his future care. The attorney was worth every cent and not as expensive as we feared. He thought of many items we’d not considered. I encourage you to find a good family practice/estate lawyer in your area
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Reply to Daughterof1930
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I have a disabled nephew with physical and neurological problems. Thank God he can live on his own.

Medicaid waver is what I think you mean. This is going to be hard for your daughter. Dementia is a desease that worsens over time. Then throw Downs into the mix. I had a family up the street from me, their daughter had Downs and was my age. She started showing signs of Dementia around 60. She got violent at times. IMO, I think it would be better to place your daughter into a nice LTC facility with Medicaid paying.

My nephew has a Special Needs Trust where his deceased Moms insurance money went into. This was set up by a lawyer versed in Social Security law. This money cannot be used for food or lodging because these can be subsidized by the Government. Its weird what it can be used for and not. If you set up a trust, I would think Medicaid would have to approve it. I would see an Elder Lawyer to help you.
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Reply to JoAnn29
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What does he need a Medicare waiver for? Or do you mean you’re putting some of his ssdi into a miller trust so that he can go into a Medicaid home?
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Reply to PeggySue2020
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I think that you will need to meet with an attorney who has experience in establishing special needs trusts - they are very different from other types of trusts. My elderly widowed mother set one up several years ago for my adult brother (& it didn't cost anywhere near 8K to set it up). The attorney fee is money well-spent, as the rules around Medicare & Medicaid benefits are complicated and if these funds aren't administered carefully, your son could lose some very needed benefits.

There are also resources available at https://www.specialneedsalliance.org. I found the book "Managing a Special Needs Trust" by Barbara Jackins to be really helpful.
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Reply to Oldestchildof4
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