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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36392
Experience:  30 years as a family law lawyer .
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my mom is trying to get answers regarding medi cal she just

Customer Question

my mom is trying to get answers regarding medi cal
she just had to put her husband in a home for re-hab covered by their insurance for up to 100 days.
after that, she needs him to transistion into a long term home for severe dimentia-
as she cannot take care of him.
i just assited her with submitting her medi cal packet, but it is very confusing ...
do you have elder care specialists?
Submitted: 6 years ago.
Category: Family Law
Expert:  RayAnswers replied 6 years ago.
Thanks for your question.Ask here.I have done medicaid and elder issues for an number of years?
Customer: replied 6 years ago.
Is it your understanding that her spouse needs to reside in their home to make it exempt ?
he was forced to move from his home with a doctor's order - due to health issues (sever asthma COPD-
aXXXXXto the nearest medical facility)

also- how much in assests (dollar amount) can we have to qualify for medi-care?
does medi care consider the debt ratio to qualify?
Expert:  RayAnswers replied 6 years ago.
Homestead is exempt here if she continues to reside, no sale or renting of it otherwise they count it here.You may have up to $2,000 in assets as an individual or $3,000 in assets as a couple. Some of your personal assets are not considered when determining whether you qualify for Medi-Cal coverage. For example, assets that do not count are:
  • Your primary home
  • One vehicle
  • Household goods and personal belongings
  • Life-insurance policy with a face value of $1,500 per person
  • Prepaid burial plan (unlimited if irrevocable or up to $1,500 if revocable) and burial plot

Edited by RayAnswers on 7/1/2010 at 6:00 PM EST
Customer: replied 6 years ago.
does this pertain to California?
Expert:  RayAnswers replied 6 years ago.
Yes these are medical numbers.How this works is that they look at her income and resources at 12:01 am here on July 1 and then any other month to verify eligibility.If they are high say in July then they spend down here to get under for say August 1.You may well want to try and spend down here by meeting with a NAELA lawyer.NAELA lawyers are trained specifically in asset protection and medicaid and social security rules with the idea that you may legitimately spend down here if they are over.You can say purchase prepaid funeral,hospital bills, etc.She may be able to fix up the house as well.How that works with homestead is the wife here signs a wink and nod affidavit that if his health improves(which it almost never does) he will return home.

NAELA lawyer for you here

Edited by RayAnswers on 7/1/2010 at 6:10 PM EST
Expert:  RayAnswers replied 6 years ago.
I want you to read up here on estate recovery.The medi cal folks can seek to recover funds down the road if they pay for his care.All states have variation of this..
RayAnswers and 2 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
does this pertain to California?

do you have any case histories of appeals based on medical conditions of the applicant, supported by physicians orders? At present we are in a rental and the home we own (small mtg.) had to be rented to pay expenses here.

Expert:  RayAnswers replied 6 years ago.
Help me herre I am not getting the question.They look at assets here and they will only exempt a homestead.Now a rental here is not a countable asset but rather income.So they will look at rental home as income here and maybe an asset.Overall you may have to jettison(sell) the house and spend down the funds.

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