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Gerald-Esquire
Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 2881
Experience:  30 years of experience
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I need help getting my parents the care they need, my Mom is

Customer Question

I need help getting my parents the care they need, my Mom is the critical need as her care has become more than my Dad can manage and his health is now at risk (all this is documented). My parents have NO money, do not own a car, do not have any savings and own a mobile home in a HUD living facility.
Mom receives $768/mo in SS income which will transfer to the care facility once she enters. Dad earns $1555/mo in SS income. My moms health has depleted all their resources over the years.
I am not told my mom will be refused approval to enter a facility until Dad commits to pay $1400/ mo as his share of cost. I am not sure how he can pay this as this would only leave him $155 to live on.
I was told to contact an elder care attorney for guidance. Help, my Dad is literally a ticking time bomb with his health dealing with MOm, her level of care is HUGE, she has become violent and aggressive.
I don't know where else to turn.
Submitted: 1 year ago.
Category: Family Law
Expert:  Gerald-Esquire replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The Medicaid Program is what covers your parent's situation. Under that program there are protections for the "healthy spouse" who is not in need of care in the nursing home facitily. In California the program is implemented through Medi-Cal. Under California law allows the community spouse (your father) to retain his income at a maximum monthly maintenance needs allowance (MMMNA). This allowance is currently $2,981. Your father's income below that amount is NOT to be included in ascertaining your mother's eligibility for assistance under the program.

Please see these links for additional information on this issue:

http://www.canhr.org/factsheets/medi-cal_fs/html/fs_medcal_overview.htm

http://www.medicaid.gov/medicaid-chip-program-information/by-topics/eligibility/spousal-impoverishment-page.html

http://www.elderlawanswers.com/medicaid-protections-for-the-healthy-spouse-12019

I can't speak to what someone else told you, but it seems that whoever is providing you information is either misinformed or mis-stating the eligibility requirements.

You may be able to find low cost assistance through this link:

https://www.justia.com/lawyers/elder-law/california/legal-aid-and-pro-bono-services

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 1 year ago.
What steps do I take? per the case manager Medical is requiring this $1400 per month before moving forward. how do I get this resolved? My dad has tried with my success to talk to Medical directly but they just say "according to the system your share of cost is $1400" ...My Dad's health doesn't have time to mess with the system for months, his blood pressure spikes to 236/210 *stroke level* while caring for Mom with her unpredictable behavior, melt downs, combativeness, aggression and she never allows him to sleep.How can I get this rectified ASAP?
Expert:  Gerald-Esquire replied 1 year ago.

Hello:

Thank you for your follow up question. I appreciate the opportunity to try to expand and clarify.

There are a number of steps that you can take.

1) The first is to ask to discuss your situation with a supervisor. Point out the links that we discussed earlier and how your father has no assets and that his income is under the threshold for share of cost.

2) Contact Medi-Cal Services directly:

https://files.medi-cal.ca.gov/pubsdoco/contact/services.asp

3) If that does not resolve the issue you will need to file an appeal. Follow the information on this link on how to do that. It provides a detailed explanation:

http://www.legalaidsmc.org/uploads/1/6/5/5/16559712/request_medical_hearing_guide_final_7.5.11.pdf

4) Contact an attorney through the link provided above. Here it is again:

https://www.justia.com/lawyers/elder-law/california/legal-aid-and-pro-bono-services

I hope this additional information is helpful to you.

Kind regards,

Gerald

(Please do not forget to rate me. It adds nothing additional to your costs, but it helps me greatly. Thank you.)

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