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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22669
Experience:  Attorney with 14 years experience
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I need help with my fathers financial condition as my mother

Customer Question

I need help with my fathers financial condition as my mother is just been admitted to a nursing home....all this is in Alabama
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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If you can post some more details about your situation and your legal question, I will help or try to get you to someone who can.
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Thanks
Barrister
Customer: replied 1 year ago.

my father draws 2800 bucks a month and my mother draws 800 a month..there is several hundred thousand dollars in the bank and my name= my sister is on the accounts...2 homes are paid for....his railroad medicare will only pay 3 months toward the nursing home, after that I guess you have to pay your way...the meeting for that discussion is in a few days...Can they make him use the money he has?...what if I drawed it out, any reprocussions for that?

Expert:  Barrister replied 1 year ago.
Can they make him use the money he has?
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If you are referring to mother applying for something like Medicaid to pay for her care, then I am sorry to say it, but yes, they can make him pay for his wife's care until his resources are expended down to the limits that would make mother eligible to qualify for Medicaid. Medicaid is a poverty based program that only pays if the person is unable to pay themselves.
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Under the current limits, an individual can't have income over $2,130 per month to qualify. So unde the income limits, mother would qualify. It is the asset limits that would be a problem. There is a limit of only $2,000 in assets for the applicant to be eligible. If the combined value of the couple's assets is over $27,000, then she would be ineligible for benefits until the combined resources are spent down to that limit. There is a limit of assets that can be protected for the community spouse of $115,920. So basically anything over $115,920, not including their home, would have to be spent down on her care before Medicaid would kick in to pay.
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They also have a 60 month "lookback period" where they will disqualify someone from benefits if they have transferred assets out of their name within that 60 months. They will disqualify someone from receiving benefits for the number of months that equals the value of the asset divided by the monthly care cost. So if a $100K asset was transferred within 60 months of applying for benefits, and care is $5K a month, this would disqualify the applicant for 20 months.
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They have spend a lot of time and effort to ensure that a person has to spend most of their own money on their care before Medicaid will kick in. So if you worked hard and saved your money hoping to leave it to your kids, and you don't plan well in advance of needing care, the govt will force you to spend most of your money on your care. However, if you never saved a dime and didn't care about leaving your kids anything, then you get covered immediately.
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It is inherently unfair to those people who are responsible and thrifty...
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I am sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers, even when an answer is not favorable to the customer.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

thanks...my name is XXXXX XXXXX accounts, I can say that this is partly my money...My name was added a few months ago.....does this fall under the 5 yr period?

Expert:  Barrister replied 1 year ago.
Unfortunately yes, if mother applies within 60 months of any transfer of assets, it would disqualify her from benfits under the calculation I described above. So she would have to have added you 60 months and a day ago in order to be outside the "lookback" period.
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The govt has thought this thing through pretty thoroughly...In order to protect your assets, you have to transfer them over 5 years before you need help from Medicaid.
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Thanks
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 22669
Experience: Attorney with 14 years experience
Barrister and 6 other Family Law Specialists are ready to help you
Expert:  Barrister replied 1 year ago.

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

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It was my pleasure to work with you and help with your question and I am sorry the news wasn't better. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

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Barrister

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