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rsa.esq
rsa.esq, Lawyer
Category: Legal
Satisfied Customers: 73
Experience:  Sworn to the California Bar in 2011. Former staff editor at The New York Times Co. and seasoned news professional of 20 years experience in the U.S. and abroad.
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I need to talk to an attorney that handles income trust

Customer Question

I need to talk to an attorney that handles income trust for the elderly. My mother makes over 2200 a month and they said she doesn't qualify for nursing home care. I have no money to pay for her and that is the only income that she has and she has been supporting me for the past 6 months. Please help me. Wanda Waring 386--385-3913
Submitted: 1 year ago.
Category: Legal
Expert:  rsa.esq replied 1 year ago.

My name is scott:

Disclosure: I am licensed only in California.

I have been accredited by the Medicaid Planning Network [http://medicaidplanningnetwork.com/], a national organization focused on crisis Medicaid planning for asset protection.

However, I cannot give specific legal advice in this forum, because no lawyer-client relation exists; rather I can only speak to general legal issues.

I'm sorry to say I have no simple or easy answer for you here: medical expenses and care for older retired adults often seems as complicated as it is expensive. So it all depends on specific circusmtancces, medical needs and income/assets.

Both Medicare and Medicaid can be called upon to pay for residency in a medically necessary "skilled nursing facility."

However, the programs differentiate "skilled nursing facility" from those the provide merely custodial care, which are not paid for (except rehabilitation facilities, hospice homes)

Medicaid will pay for "nursing home" care, but one does have to meet the stringent income+assset qualifications to be eligible for Medicaid enrollment. Those $$ criteria are set by each state, and are generally around a monthly income of $1800-1900 for a single adult and about $2000 in countable assets (homes, 1 car, medical needs trusts are not 'countable').

However, some states allow routine medical expenses -- monthly prescriptions, regular treatment etc -- to be deducted from the person's monthly income, which may bring that down to a level that makes the person eligible.

Check with the Center for Medicare and Medicaid Service Web site [https://www.cms.gov/] or state-specific Web site to find out the specific income and asset criteria, and whether medical expenses can be deducted from income in order to qualify.

I hope this helps a bit: if so, I would greatly ppreciate a positive rating. Thanks!

Expert:  rsa.esq replied 1 year ago.

Also, it may be possible for the trustee to divert some of the assets in trust into a Special Needs Trust, so that ihe income generated from that goes to paying for medical needs and is no longer boosting the overall income over the Medicaid eligibility threshold.

Whether this can be done is entirely dependent on the specific of the existing trust.

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