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I promise my request was NOT for me, truly NOT asking for advice.
Tip: there is a Medicaid strategy called spousal refusal for those that live in NY, FL or OH. Helps divide assets so that the spouse who needs support gets it. Not my state unfortunately. But good info for someone who lives in that state or is considering a move for retirement.
That you can keep.
There will be clawback recovery on it when you are gone.
You can also keep a car.
If she has too much monthly income then, given an attorney which you have says cannot be protected with miller trust or other, then she gives ALL HER INCOME to the facility and after that the Medicaid will kick in when it is needed.
I think you have not enough information her, and I wonder at a high-paid attorney who is not providing it. Doesn't sound good to me.
I am very curious why you are giving us these "what ifs". IS THAT THE CASE. There is no "what if" here, there are only the facts in your case. So why not simply tell us why she doesn't qualify.
You says "WHAT IF there's a spouse". Yes, that complicates things in many cases and I most certainly DO recommend an attorney for division of assets then as that spouse should try to keep funds for his/her own care in future.
Medicaid is there to help the indigent. I am getting the feeling here that we are not dealing with the indigent. So I would invite you to tell us exactly the facts.
Otherwise I will just assume that your mom doesn't qualify. Likely isn't qualifying physically or isn't financially. We cannot know which or why.
You say it is complicated system.
You betcha.
This is taxpayer funding of care.
Would you not want/expect, as a taxpayer for there to be a certain expectation here to qualify?
I will also say that this aging stuff is ALL TOUGH STUFF. There's no easy here. I served as POA and Trustee for my brother. The learning curve was pretty incredible. It's a matter of yes, it is tough, and on we go. I think this site is all about that. What can I do, what can I do? Tell us the circumstances and we give what little we can guess might be done.
Sure wish you good luck. By the time you are all done with this you will be an expert. And you will REALLY be needed HERE if that happens.
A lot of people might have just a little more than no money and no assets. And I mean very little but not enough to cover any care. People say sell your house to pay for the nursing home. What if there’s a spouse? Where do they go? It’s tricky and nuanced.
I think where we are stuck here is that you have said that you got a letter telling you that she doesn't qualify. And that you have sent this on to an attorney to deal with. The sad truth is that she may NOT qualify. Why did the letter tell you she didn't?
Also, if you just toss a letter onto the attorney's desk without checking on things for yourself regarding qualification (and why not qualifying) then that attorney will likely charge you about 700.00 to get an answer you might have got for yourself. Now if you are too busy, and she can afford this, that's one thing. If not, it's another.
It will help us if you fill in your profile. Knowing who YOU are and who the loved one is you are caring for can help with answers. Otherwise we can do little more than wish you the very best of luck. We all know how hard this stuff is, so be certain we DO wish you luck.
I hope that you will
My MIL is in LTC on Medicaid in MN. She is bedridden but can still feed herself, but needs help with hygiene, and is a 2-person assist to get into a wheelchair. She also has mild/mod memory impairment and early dementia.
Yes, my MIL had nothing when I applied for her: less than $2k in the bank; no home, no car, no other assets, lots of debt (a home in foreclosure and 1000s in cc debt), medical bills and about $600-ish a month in SS income.