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Does my mom qualify for Medicaid to help her pay for long term care to be provided at home?

Bristow, VA |

She is 86 years old and she is a widow. She has Alzheimer among other illnesses. She has Medicare and Tricare. She has income from social security, retirement pension and military pension from my dad, total amount to approx $2,000 monthly. She has savings of 10,000 and no other assets. Her savings are being used to pay for home care. No money set aside for funeral services yet. She lives with me. Thank you.

Attorney Answers 6


  1. Best answer

    I agree with Margaret and Letha -- we could relatively easily get your mother qualified for Veterans Aid and Attendance and/or home-based Medicaid using the EDCD Waiver. Our office would be happy to help you, and we have many clients from Bristow.

    Evan H. Farr can be reached at 703-691-1888 or at farrlawfirm.com. Evan is Certified as an Elder Law Attorney by the National Elder Law Foundation, which is approved by the American Bar Association, but Virginia has no procedure for approving certifying organizations. NOTICE - Unless expressly stated otherwise, this communication: (1) is not legal advice absent an existing attorney-client relationship between us; (2) does not create an attorney-client relationship; (3) does not constitute an offer, acceptance, or contract amendment; (4) may contain confidential or legally privileged information protected by the attorney-client relationship and/or work product privilege; (5) is only for the use of the individual to whom it is intended by the sender to be sent, and if you are not such recipient, disclosure, copying, distribution or reliance upon this communication is prohibited; and (6) is not intended, and cannot be used, to avoid tax-related penalties pursuant to treasury department circular 230.


  2. Probably not. Medicaid resource caps vary by state but $10K is above the limits generally. However, your mom easily can qualify for Medicaid by rearranging/spending her savings. However, because benefits also vary by state I can't say what home care may be available in your state. Get a consult with a local elder law attorney.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

    Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (LL.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax. Visit SpecialNeedsNJ.com/blog and subscribe for free timely updates to be delivered to your inbox. Information on both Avvo and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.


  3. A medicaid attorney can reallocate the funds -protect the assets-and qualify her for medicaid.
    Make an appointment so the money does not have to be spent down to qualify.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  4. A special needs trust might be appropriate for your mother. You should consult with an elder law attorney. Hopefully, the her estate planning is all in order, as well. If it is not, you should have the attorney determine if your mother has capacity to put things in order.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  5. In Virginia it will be very easy to protect the remaining $10,000 and have her qualify for Long term care Medicaid. However, her income sounds very close to the cap for Community Based Care Services and she will need a screening through the local Department of Social Services to be certain she meets the non-financial requirements for home and community based services ("CBC"). Please contact an elder law attorney in your area soon since the process for CBC can take quite some time.


  6. I recommend that you consult with an elder law attorney in your area to review your mother's situation and the possible sources of payment for her care. You can find an elder law attorney by going to the website of the Virginia Academy of Elder Law Attorneys (www.vaela.org) and click on the "find an attorney" button.

    For instance, if your mother has Tricare benefits, then either she or her late husband (or both) are veterans. Your mother may be eligible for improved pension benefits through the Veterans Administration. If your mother is a veteran, she may be eligible about $1,700 per month; if she is the surviving spouse of a veteran, she may be eligible for about $1,100 per month. These numbers are for 2012, and there has been a modest increase for 2013.

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