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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118688
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Just Can you I get advice concerning my efforts

Customer Question

Dear Sir or Madam:
Can you I get advice concerning my efforts to get my 91 year old veteran father placed into a nursing home near Knoxville? He is scheduled to be discharged from a rehabilitation center tomorrow in Knoxville after being hospitalized for a fractured hip. He cannot lift himself and he is too heavy for my 84 year old mother (with health issues of her own) to lift and care for him. I believe the better solution would be to have him transferred to a nursing home. My mother really doesn’t know what to do, and time is of the essence since the decision must be made tomorrow whether to discharge him to his home or to a nursing facility. I have heard that admission from a hospital or rehabilitation center will be more likely than an admission from his home. My parents’ only source of income is social security benefits. Their only assets are their home and my father’s $60,000 retirement funds. My father has Medicare and likely would qualify for Medicaid once he spends down ½ of the $60,000 retirement fund (1/2 being exempt for my mother).
Harold G. Speer, Jr. (###) ###-####***@******.***
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
So, you do actually understand the basics of what needs to be done, especially for medicaid. What is your question for us specifically, since we do not want to tell you what you already know or give you information that is not going to be helpful to you?
Customer: replied 11 months ago.
I've heard different answers about whether to apply now for Medicaid. A Medicaid specialist said don't apply now because your father would not be eligible until he spends down some of his $60,000 retirement. However, a Veterans Aid & Attendance specialist, who is evaluating the total assets/income for a Veterans pension application, said that, if we are going to apply for Medicaid (i.e., TNcare in TN), we should apply now in order to fix the 1/2 amount that my mother would later have exempted. Finally, the Vet Aid specialist says that the best thing is to apply for Vet Aid first and not Medicaid because the Veterans Administration may not require that my parents spend down all of his retirement account as would Medicaid. So my question is, which should we apply for (Vet Aid or Medicaid) and when? Thank-you!
P.S. By the way, we decided to keep my father in the nursing home and begin spending down his retirement because it was unsafe for him to go home with my mother not being able to lift him.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
I would agree with the VA specialist, apply now to preserve the spousal share of 1/2 of the assets and I also agree Vet Aid is the best option first, but if they deny the Vet Aid then I would not delay in applying for medicaid as that can take a few months for approval.