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Are the Trusts IRREVOCABLE or REVOCABLE?
Do you have a "Special Needs Trust" set up in case something happens to you your husband is cared for in the way you would want?
And a bit off subject but because it is me responding I have to mention these 2 things.
1. Is your husband a Veteran? If so the VA may be of a little help or a LOT. Depending on where and when he served he may be due for benefits. And the VA now pays a spouse to care for the Veteran. contact your local Veterans Assistance Commission they can help determine if he is due any benefits. Their service is FREE.
2. Your husband may qualify for Hospice. Hospice is NOT just about end of life. As long as there is a documented decline a person can remain on Hospice. (My Husband was o n Hospice almost 3 years) But you will get a Nurse weekly, a CNA at least 2 times a week as well as all the supplies and equipment that you will need and it will be delivered to you. And Medicare/Medicaid will cover Respite.
Please pls pls again you need to speak with the attorneys who did the Trust and all the title changes on the house to see if the actions are good for Medicaid compliance. Folks on this forum CNA give you idea of area that could be problematic but it’s legal in your city / State that you have to work with on all this.
Trust issues:
so placed into an honest to goodness IRREVOCABLE Trust?
Or placed into a revocable Trust or was it a Life Estate?
Done when? Was it prior to Summer of 2019?
And how are costs of the property titled into that Trust being paid?
MC issues:
Do you know for sure 100% that this MC you are looking at for your hubs has LTC Medicaid beds as the MC is part of a SNF; or is it a MC within an AL so paid via a LTC Medicaid waiver program and right now it has a bed open and available for him?
MC tends to be run under an AL format but with the MC sector being locked and monitored. So is this MC actually AL?
If so, the majority of States do NOT do waivers of funding from the LTC Medicaid program to have them available for AL / MC. So clearly find this out. And often those that do, they require 2 yrs of private pay before they can be placed into the Medicaid waiver bed, &/or there is a waiting list for bed placement. If this is the situation, he will need to private pay till his availability comes up.
With an Irrevocable Trust, I believe Medicaid cannot touch the funds, but neither can you. So if there is an emergency and you need money that is in the Trust, you can't. You have zero control over the funds.
Plus, I think it is very unfair to have us taxpayers pay for someone's care if they have the funds to pay on their own. Just my opinion.
Lawyers should explain this when making the trust , but it seems many don’t .
Wishing you all the best ~