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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 4788
Experience:  Experienced in both state and federal court.
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We are facing placing my mother in a memory care facility.

Customer Question

We are facing placing my mother in a memory care facility. She owns her own home but doesn't have a monthly income that will cover a place like that. We need to know if there is any way to get financial assistance. Thank you.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: She has some investments in the stock market.
Submitted: 5 months ago.
Category: Legal
Expert:  Chris T., JD replied 5 months ago.

Hello. I'll be happy to assist you.

Is your mother over 65 and receiving Medicare?

Customer: replied 5 months ago.
Expert:  Chris T., JD replied 5 months ago.

OK. Medicare should cover a portion of the cost, plus the facility can receive her Social Security benefits. Also, she may qualify for Medicaid benefits if her income is below a certain threshold (~$2500 a month, if she's single).

Expert:  Chris T., JD replied 5 months ago.

Qualifying for Medicaid benefits can depend on her assets, but does not include her home if it's worth less than $550,000. Now, the benefit limits can include her investments and stocks, so she'd have to spend that before she's qualify for Medicaid.

Customer: replied 5 months ago.
is there any way to gift her stocks or asserts so she would qualify? They are tell us that Medicare only pays for short term.
Expert:  Chris T., JD replied 5 months ago.

Medicaid has a "look back" provision that allows them to go back 3 years and impute any gifts she made during that time as her income. That provision is in place to avoid the exact scenario you are describing. Medicaid will pay for a longer stay than Medicare will.

Customer: replied 5 months ago.
she would have to use up any stocks she has before she would qualify for Medicaid but that doesn't affect house she owns. Am I understanding correctly?
Expert:  Chris T., JD replied 5 months ago.

Yes. That is correct.

Customer: replied 5 months ago.
Ok thank you for your help.
Expert:  Chris T., JD replied 5 months ago.

Glad to help. If I can't do anything else for you, please remember to "Rate" my answer before you go. Good luck to you and your mother.

Expert:  Chris T., JD replied 5 months ago.

Is there something else I can do for you?