She is in an assisted living home right now. She is paying for it herself. She only has $35,000left . She will then apply for medicaid. She would lie to spend the money herway without the govnemt getting it all.Can she do so legally?
There are several categories of exempt assets on which your mother can spend her money: funeral - fix up of homestead - fun (automobile, TV, DVDs, furniture - fees (for the professionals who help you figure it all out and prepare the MA app)...
Bottom line is that you need to consult with an IL elder law attorney to advise your mother on an appropriate course of action - but there ARE things that she can do!
This is not legal advice. I am not your lawyer. You are not my client. You cannot rely on my response to your question. My response to your question is probably worth exactly what you paid for it. You don't get to sue me for anything. If you'd like to sue me, well you have to hire me first. Here's how you can hire me! #1 Call: 1-888-463-2843 #2 Email: [email protected] #3 See me on TV! www.woodtv.com - go to the Ask the Expert tab! #4 Listen to my radio show (2 full hours every week!) www.woodradio.com - go to the podcast section.
Your mother would like a new car? Before she has you drive her over to the dealership, I hope she will check and see if she will be able to pay the assisted living bill. For example, in Michigan this plan would not work since Medicaid only pays for people who are in a nursing home.
Do check with an experienced Illinois elder law attorney
Want to know more about Michigan Medicaid? See my website www.JimSchuster.com
If your mother is in assisted living she will have to move yo qualify for Medicaid. Medicaid does not pay for care in assisted living facilities. Your mother must either move to a supportive living facility or skilled nursing facility. Always confirm first with a skilled care facility that it accepts Medicaid, and if it does so that the bed available for your mother is Medicaid approved. Some facilities do not accept Medicaid, and some are what is called a "distinct part facility" which means only certain beds are qualified. It is important that you do not spend all the money until you are sure that a facility will take her "medicaid pending" . Some facilities will not admit her unless she pays for a given period of time. Before you do anything though I strongly suggest that you meet with an experienced Elder Law attorney and review your mother's situation first. Medicaid rules in Illinois have been dramatically changed twice since December 2011. The application process is complex and you may need the Elder Law attorney to assist you in the application, and depending upon the circumstances that can be expensive. The attorney may also suggest that she spends her money on other items first, such as a Pre-paid funeral and burial, prior to looking at cars. However to answer the basic question, if your mother is in a Medicaid approved facility and otherwise qualifies for Medicaid she can keep one motor vehicle is exempt regardless of value if it is: necessary for employment; or
needed for transportation for medical treatment of a specific or regular medical problem; or
modified for operation by or transportation of a handicapped person; or needed to provide transportation for essential daily activities because of climate, terrain, remoteness, or similar factors.
If the client's vehicle is not exempt due to one of the above factors, then any car she owns would be exempt only if it has a current fair market value of no more than $4,500.
This is a complex situations, and you need to have an Elder Law Attorney review it prior to expending the last of her funds. Good Luck.
Disclaimer. The information contained in this answer is provided for informational purposes only, and should not be construed as specific legal advice, further is not intended and it does not constitute or create an attorney-client relationship between The Law Office of James C. Siebert & Associates and any recipients. No recipient of this answer should act or refrain from acting on the basis of this answer without seeking the appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state. Under Illinois ethical rules answers to questions might be considered as advertisement and therefore please consider the answer to the question is ADVERTISING MATERIAL.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline