How Does Medicaid View Same Sex Partnerships?
The past year has seen failed attempts by supporters of same sex marriage to have the definition of marriage expanded to include gay and lesbian unions. However, some states have passed laws creating domestic partnerships and civil unions, which then carry with them some of the benefits of marriage. New
Hope For Haiti — Despair for Mom?
The recent outpouring of support for the victims of the earthquake in Haiti highlights a question often asked about gifting and charitable contributions as it relates to Medicaid. For example, last week Mary called me to ask whether it is OK for Mom to make a charitable contribution to help
How the Medicaid System Differs From the Criminal System
“Mom and Dad have always been big believers in paying cash for everything. They don’t use credit cards”, John tells me. “Don’t buy on credit”, they always said. While that’s a pretty sound financial approach, it can get Mom and Dad into hot water when it comes
How a Call From Mary’s Attorney Saved Her $90,000
One of the common themes I repeat often, when it comes to Medicaid, is that timing is everything. A recent call we received from Mary’s personal injury attorney, Bill, illustrates the point. Mary’s husband, John has dementia and is about to enter a nursing home. Mary and John don’t have
What’s So Good About Eliminating Federal Estate Tax?
Many of us didn’t think we’d see 2010 but I guess we were wrong. I’m not talking about any apocalyptic predictions of the end of the world but, rather, about the elimination of federal estate tax under the 2001 tax bill that President Bush signed into law. Elimination
Retirement Accounts – More Than the Minimum Required Distributions?
The fact that we are living longer than our parents and grandparents is changing so many aspects of our lives. One area that will be impacted by this longevity is retirement accounts. So many of our clients have it ingrained in their minds that they must not touch their retirement
How We Recovered $240,000
Jane called because she was flat out of money and desperate. Dad had been in a nursing facility for almost 4 years now. He had spent down his money and Jane had paid the $11,000 per month expense after that, until she was tapped out of her home equity line
How $250,000 Went Up in Smoke
Mary’s husband Joe, passed away several years ago but she continued to live in the home where they had raised their family. Mary was now struggling with the effects of dementia. But she wouldn’t hear of it when her children talked about moving her to a safer environment. So they
Is Long Term Care More Important to Women Than Men?
I could hear the panic in Mary’s voice. Her husband Joe’s health had been steadily declining for years and Mary has been his primary caregiver. But last week he fell at home, breaking his hip, and now he’s in a subacute facility. The recovery process hasn’t gone well, in part because of Joe’s age and partly because of the toll that Alzheimer’s has taken on his mind. Mary is now facing the prospect of either long term care at a cost of $11,000 per month or, in an effort to keep the cost down, trying to bring him home and provide much of the care herself, supplementing it with a few hours of home aide assistance. “Joe never wanted to talk about long term care and so we never did plan for this,” she tells me. It’s a classic scenario and one that, so often, is more damaging to the wife than the husband. How so? Mary’s situation is a typical one. At 72, she’s 6 years younger than Joe. Add the fact that women have a longer life expectancy than men and chances are that the husband will need long term care first. And if the couple haven’t planned for it, they’ll likely spend most of their savings on his care. Mary and Joe have $400,000 of assets plus their house. Without any guidance Mary could be left with as little as $109,000 and the house before the State will help pay for Joe’s care.
Elder Law Today Podcast Show #15 – You Have Spent Down all Your Money and Still Can Not Get Medicaid How Could This Happen?
You've spent down the remaining assets on Mom's care and have no more money left. You apply for Medicaid but are told, "Sorry, Mom is not eligible for another 8 months." How could this happen? What can you do to avoid this horrific outcome? In Show 15 of his