Hello IrwinLaw, So, I just got a telephone call from my Med Mal Atty re: the email I sent him last week about your suggestion of Special Needs Trust. His reply quite honestly, was that it wasn't his field of law and he had arranged for a friend of his who is expert in trusts to call me. All good, I guess. His main - and repeated - point to me on the phone, however, was that it was Medicare that was robbing my settlement, not Medicaid. And also that once a court-ordered trust is set up, I would loose control over the little bit of money I need.
I wish every day that I had pressed my case on to trial. My atty had just finished a trial suing - believe it or not - the same surgeon, different patient and a jury awarded 2.5 million. I got a settlement of 333,000, but will end up will end up with about $90,000 when Medicare gets through taking back what they want. NO MILEAGE living in the past, right?
IrwinLaw, is there any trust that can be set up with my eldest son as executor, that protects my money, yet allows me access? I am SO fearful of loosing the little bit I have. MY ATTORNEY's last advice to me was, "Barbara, I expect you to live a long time. Enjoy this little nugget and by the time you need a nursing home you will be poor again and qualify for the Long Term Care. He does not understand what it takes to qualify for Long Term Care through Medicaid. If I loose it now, I would have to reapply and likely not qualify when I need it. SUGGESTIONS?? HELP?? Blessings, Barbara