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I guess we are hoping that one day our brother could move to an assisted living with private pay shortfall funded by family, if needed.
he is mobile disabled so needs help with daily essentials, but needs no medical attention as he is otherwise healthy.
If the NH was allowed to be payee for SS and pension both would need to be notified that the NH is no longer the payee and the checks need to revert back to the person. No problem if NH not payee. Depends on how your share is being paid.
If I understand the question, your relative is interested in doing the opposite of the more common situation where someone privately pays for care in what they hope is a nicer NH, in the expectation of being able to stay once they go on Medicaid.
Your relative has been doing something like staying in a $8,000 NH, and paying privately with their $2,000 SSDI, $2,000 pension, and $4,000 from personal savings? Now that the savings are gone, they want to get qualified for Medicaid, use it for a while, then leave to live with a family member?
My guesses:
Leave before Medicaid kicks in, no problem.
Leave after Medicaid, but no longer need it, maybe get some control back?
Leave after Medicaid, still need it at home, Medicaid makes sure provider(s) collect from person's income first, so not likely to get control.
I am not a lawyer. If you want expert advice you can rely on, hire an expert.
If you are the family member they'd like to live with, why do you think it will be better now that their savings are gone? Are their needs becoming less?
I would be very wary of not being able to get them back into the same NH, or any NH without having to go through the whole admission process over again.
what happens in the future if he were to decide to leave the NH and go to other living arrangement - does he get Control of his pension and SS ?