I have MS and have private insurance. My spouse is employed. I'm 61, my spouse is 62. My spouse has life insurance, 401k we'd like to protect. We still have a mortgage.
You may want to look at an asset protection trust to shelter assets. You'll want to consult with an elder law attorney in KS, ideally a Certified Elder Law Attorney. One issue will be the 401k. If you put them into the trust, you'd have to pay income tax. Really, your best bet will be to consult with an elder law attorney.See question
what can we do to protect from losing the home to medicaid
Some states allow for a lady bird deed as a way to avoid losing the home to the nursing home and estate recovery. You'll want to talk to an elder law attorney in New York. Ideally a Certified Elder Law Attorney. If you think she can make it more than 5 years before needing care, an irrevocable trust may make sense instead.See question
Really need to know more information here, but I'd go with no. The doctor can make recommendations, but I don't see how a Dr. could force her out. There may be a recommendation for a guardianship, or DHHS may be brought in if it's an unfit situation, but as for a Dr. forcing her out of her home, my initial reaction would be no.See question
I am told the ladybird deed may not work if she becomes a resident of NORTH DAKOTA . If so ND i believe has a similar program..will we need to apply there
I assume you're using a lady bird deed to avoid estate recovery and protect the home from nursing home costs or a lien. In Michigan, it avoids estate recovery if done properly. I can't speak to North Dakota. If your mom is going to be in an assisted living in North Dakota, and then transitioning to a nursing home there where you are looking at Medicaid to help pay for her care, then you need to follow North Dakota Medicaid rules, but you'll need a Michigan attorney to draft the deed. First consult with a North Dakota elder law attorney. I recommend working with a CERTIFIED elder law attorney. Find one here. http://nelf.org/find-a-cela/north-dakotaSee question
My 80 year old father is married and is incapacitated due to a stroke. He physically is having a tough time getting around and cannot speak or write his name. Communication is minimal. Me and my 2 brothers have concerns that my dad is not get...
You may want to consider a guardianship, which is generally the last resort, because you have to goto court. But if your father doesn't have capacity to sign a medical poa, that may be the only option. Talk to an elder law attorney in your area.See question
lives in Texas
She may very well be disqualified for Medicaid. Medicaid, in Michigan, has a $2,000 asset limit for the type of Medicaid I normally deal with as an elder law attorney. The home is an exempt asset, but when sold and turned into cash, it becomes a countable asset.See question
Ya my dad has Dementia still drives and has been going to eat at the Village Inn for a long time, I just found out today that he has been picking up peoples tabs without there permission at resturant. He doesnt have the money to do this, can the V...
Maybe, maybe not. I'd have a discussion with the Village Inn. You'll for sure want to have POA, but if you need to terminate his ability to make his own decisions and do things like this, you would need a guardianship. It's a last resort in my book, because you are taking away someone's independence and you are getting a court involved.See question
Mother has been receiving Medicaid assistance to afford assisted living, while VA application was being processed. Now that the VA application has been approved and pension is available, do we need to cancel Medicaid assistance?
You can receive both, however if your mother is in a nursing home receiving Medicaid your VA benefit and amount of income that your mother can keep in total is $90, versus the $60 per month you are usually able to keep in income. The rest of your mother's income goes to the nursing home as a patient pay amount.
Now if it's Medicaid in an assisted living instead of a nursing home, that's a different story. The VA benefit (assuming she's qualifying as a surviving spouse) which maxes out at $1149 plus social security, might put you over the community Medicaid limit.
I'd recommend talking to a CERTIFIED elder law attorney in Florida.See question
Dad has Alzheimer's, and is on a waiting list for an assisted living home. He owns his home and the house and property where he was raised. He signed the QC deeds, listing me and my sisters as grantees, in July of 2012. They haven't been filed w...
Sounds like you're doing the "deed in the drawer" trick, which you can run into some problems with. To answer your question, when the deed was signed, it was technically transferred, even if not recorded. If its in yours and your sisters name, it avoids estate recovery, but you might have problems with the Medicaid 5 year look period, if he needs nursing home care.
Typically, we do a lady bird or legacy deed so that it's in your dad's name during life time and then when he passes away, it avoids probate and estate recovery.
Is your dad a veteran? You might be entitled to over $1700/mo in VA benefits if he meets the requirements if he's receiving home care or when he moves into the assisted living.
Find a CERTIFIED Elder Law Attorney (CELA) in your area.See question
My mother is 67 years old. And has no ware to live. I can't take care of her and need to GET HER Into Assisted living or some kind of In patient CARE CENTER WARE SHE Is Takin care if as she needs. Ware do I start to get power if attorney?
You can see an elder law attorney for a power of attorney, but if your mother doesn't have capacity anymore, then a guardianship or conservatorship may be required.See question