John L. Roberts
Certified Elder Law Attorney
John L. Roberts, J.D., is an Elder Law Attorney serving clients in Hampden County, MA. After practicing for 15 years, he confronted the challenges of family caregiving when his own father developed dementia. The experience transformed his practice, enabling him to help clients who are family caregivers from a place of true understanding.
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Question
I bought mom's house before she passed, and now her account has the money from the house. Will the nursing hom...
If the nursing home care was paid by Medicaid, it will be your state's Medicaid agency that will be entitled to Recovery of funds from... If the nursing home care was paid by Medicaid, it will be your state's Medicaid agency that will be entitled to Recovery of funds from your Mom's Estate.
You mentioned that you are attempting to do an "administrative process" to distribute your mother's money. Is this a proceeding in Probate Court? Probate proceedings would require that you notify interested parties, and your state's Medicaid agency would have an interest in recovering any funds that were paid for care during your Mom's lifetime.
If you have taken on responsibility for settling your Mom's estate, you need to talk with an Elder Law - Estate Settlement Attorney now. Explain to the Attorney the real estate transaction that you mentioned. You do need representation and legal advice. see more
You mentioned that you are attempting to do an "administrative process" to distribute your mother's money. Is this a proceeding in Probate Court? Probate proceedings would require that you notify interested parties, and your state's Medicaid agency would have an interest in recovering any funds that were paid for care during your Mom's lifetime.
If you have taken on responsibility for settling your Mom's estate, you need to talk with an Elder Law - Estate Settlement Attorney now. Explain to the Attorney the real estate transaction that you mentioned. You do need representation and legal advice. see more
Question
I am a surviving spouse of a career army officer. What options do I have for financial aid?
In addition to searching the resources here on AgingCare.com, the VA.gov website provides an overview of pension benefits.... In addition to searching the resources here on AgingCare.com, the VA.gov website provides an overview of pension benefits.
http://www.benefits.va.gov/pension/spousepen.asp
If you need care at home or in assisted living, the Aid & Attendance pension can help cover costs.
http://www.benefits.va.gov/pension/aid_attendance_housebound.asp
In my state (Massachusetts) each city and town has a Veterans Agent who is devoted to helping veterans and their families navigate the system. Your town's council on aging or ASAP can also connect you to good information. see more
http://www.benefits.va.gov/pension/spousepen.asp
If you need care at home or in assisted living, the Aid & Attendance pension can help cover costs.
http://www.benefits.va.gov/pension/aid_attendance_housebound.asp
In my state (Massachusetts) each city and town has a Veterans Agent who is devoted to helping veterans and their families navigate the system. Your town's council on aging or ASAP can also connect you to good information. see more
Question
What happens if an 85 year old currently on Medicaid inherits $72,000 in cash?
Is the person living at home? In a skilled nursing facility? The inheritance could disqualify the person from Medicaid, since the... Is the person living at home? In a skilled nursing facility?
The inheritance could disqualify the person from Medicaid, since the person's assets will be over the asset limit when the cash is distributed. But there are many ways the cash can be allocated to benefit the person, or perhaps other disabled family members, without disrupting Medicaid eligibility.
The person should talk with an Elder Law Attorney in their state, to plan for receipt of the inheritance. If the person lacks capacity to direct their financial affairs, is there a Power of Attorney document that designates an agent to manage the planning? If not, the Probate Court can designate a surrogate to act in the person's best interests.
Among the ideas to benefit the person, and maintain eligibility for Medicaid:
Purchase Non countable assets, such as prepaid funeral and burial account, personal items and services to improve quality of life
Transfer funds to a (d)(4)(C) Pooled Trust Account administered by a charity; funds from the account can pay for supplemental needs of the person
Transfer to fund a (d)(4)(A) trust for the benefit of a disabled person who is under age 65
https://www.law.cornell.edu/uscode/text/42/1396p
Using the Medicaid regulations for guidance, the inheritance presents a special opportunity to protect and improve quality of life for the person. see more
The inheritance could disqualify the person from Medicaid, since the person's assets will be over the asset limit when the cash is distributed. But there are many ways the cash can be allocated to benefit the person, or perhaps other disabled family members, without disrupting Medicaid eligibility.
The person should talk with an Elder Law Attorney in their state, to plan for receipt of the inheritance. If the person lacks capacity to direct their financial affairs, is there a Power of Attorney document that designates an agent to manage the planning? If not, the Probate Court can designate a surrogate to act in the person's best interests.
Among the ideas to benefit the person, and maintain eligibility for Medicaid:
Purchase Non countable assets, such as prepaid funeral and burial account, personal items and services to improve quality of life
Transfer funds to a (d)(4)(C) Pooled Trust Account administered by a charity; funds from the account can pay for supplemental needs of the person
Transfer to fund a (d)(4)(A) trust for the benefit of a disabled person who is under age 65
https://www.law.cornell.edu/uscode/text/42/1396p
Using the Medicaid regulations for guidance, the inheritance presents a special opportunity to protect and improve quality of life for the person. see more
Question
My sibling slow selling rental prop for NH financing. I am sole live in 24/7 caretaker almost 3 years. Burned...
Your question indicates that you have provided care for over two years, but you believe the time has come for institutional care in a... Your question indicates that you have provided care for over two years, but you believe the time has come for institutional care in a nursing home. Is your question directed toward obtaining Medicaid payment for long term care in a nursing home?
Are you taking care of a parent? One exception to the Medicaid transfer rules is the "Caregiver Exception" that allows transfer of a persons residence to a son or daughter who has provided care for more than 2 years. Section 1396p(c)(2)(A)(iv):
https://www.law.cornell.edu/uscode/text/42/1396
Another exception to Medicaid eligibility rules on countable assets allows an applicant to hold onto income producing property. Could the rental property fit into this category?
Your question indicates that a conversation with an elder law attorney in your state would open up many options for long term care resources, and Medicaid eligibility. see more
Are you taking care of a parent? One exception to the Medicaid transfer rules is the "Caregiver Exception" that allows transfer of a persons residence to a son or daughter who has provided care for more than 2 years. Section 1396p(c)(2)(A)(iv):
https://www.law.cornell.edu/uscode/text/42/1396
Another exception to Medicaid eligibility rules on countable assets allows an applicant to hold onto income producing property. Could the rental property fit into this category?
Your question indicates that a conversation with an elder law attorney in your state would open up many options for long term care resources, and Medicaid eligibility. see more
Question
Can I move into my father's condo and pay them rent equal to the mortgage payment without affecting his Medica...
You next call should be to an elder law attorney in your state. Medicaid regulations provide ways to help family members who have cared for... You next call should be to an elder law attorney in your state. Medicaid regulations provide ways to help family members who have cared for an elder who ends up needing nursing home care. One example is the child caregiver exception to the Medicaid transfer rules: Section 1396p(c)(2)(A)(iv)
https://www.law.cornell.edu/uscode/text/42/1396p
You mentioned that your father is paying "down his remaining funds." Legal representation during the application process is a valid expense that can be covered by your father's funds.
You'll likely learn of more ways you can protect your father, provide supplemental care for him in the nursing home, structure the best arrangement for the condo ownership, and get immediate approval of the Medicaid application, if you have an elder law attorney working for you. see more
https://www.law.cornell.edu/uscode/text/42/1396p
You mentioned that your father is paying "down his remaining funds." Legal representation during the application process is a valid expense that can be covered by your father's funds.
You'll likely learn of more ways you can protect your father, provide supplemental care for him in the nursing home, structure the best arrangement for the condo ownership, and get immediate approval of the Medicaid application, if you have an elder law attorney working for you. see more
Question
Mom has to move into a nursing home. Her second husband wants to walk away from home. Can he walk away and lea...
As a married couple, your mom and her husband are viewed as a unit by the Medicaid agency in your state. Before Medicaid starts paying for... As a married couple, your mom and her husband are viewed as a unit by the Medicaid agency in your state. Before Medicaid starts paying for your mom's care, the couple's assets must line up with the Medicaid regulations in your state.
Your next call should be to an elder law attorney in your state who can explain the Medicaid eligibility rules to you. You'll then have a better idea of how to approach your stepfather, to explain to him why he can't just "walk away."
It's in everyone's interest to cooperate during this difficult time. Without cooperation and coordination of the Medicaid application process, all parties in this situation can end up with unexpected, costly, and unnecessary problems. see more
Your next call should be to an elder law attorney in your state who can explain the Medicaid eligibility rules to you. You'll then have a better idea of how to approach your stepfather, to explain to him why he can't just "walk away."
It's in everyone's interest to cooperate during this difficult time. Without cooperation and coordination of the Medicaid application process, all parties in this situation can end up with unexpected, costly, and unnecessary problems. see more
Question
Both parents with stage 5 Alzheimer's, nest egg will cover facilities expenses, But NOT on a month to month ba...
Your parents have worked a lifetime to provide for themselves and their family. Without a plan for care, their life savings will rapidly... Your parents have worked a lifetime to provide for themselves and their family. Without a plan for care, their life savings will rapidly dwindle down.
You didn't explain the type of facility they are entering, but the admissions office of a facility does not represent the patient's financial interests.
The level of assets you did mention requires that your parents have legal representation in the process of admission, so that they, and you, can understand the options, and be aware of the resources available. If you are designated as a fiduciary for your parents under a Power of Attorney document, you cannot dismiss the duty to protect their interests.
Privately paid nursing home rates are higher than rates paid by Medicaid, which may be available with proper planning. You may be surprised to learn of the options that crisis planning can open up.
You mentioned that you feel like you are enduring a nightmare now. By consulting an elder law attorney in your state, you can open your eyes to the solutions available. see more
You didn't explain the type of facility they are entering, but the admissions office of a facility does not represent the patient's financial interests.
The level of assets you did mention requires that your parents have legal representation in the process of admission, so that they, and you, can understand the options, and be aware of the resources available. If you are designated as a fiduciary for your parents under a Power of Attorney document, you cannot dismiss the duty to protect their interests.
Privately paid nursing home rates are higher than rates paid by Medicaid, which may be available with proper planning. You may be surprised to learn of the options that crisis planning can open up.
You mentioned that you feel like you are enduring a nightmare now. By consulting an elder law attorney in your state, you can open your eyes to the solutions available. see more
Question
Do I need Power of Attorney as a spouse?
Many of us take for granted our ability to talk and express ourselves. But what happens if a person suffers an injury or an illness like... Many of us take for granted our ability to talk and express ourselves. But what happens if a person suffers an injury or an illness like Alzheimer's, and they become unable to communicate informed decisions?
Durable Power of Attorney ("DPOA") allows your agent (known as an "attorney-in-fact") to make decisions and transactions involving your material possessions: your real estate, bank accounts and other assets. Without DPOA, your family members would need a Probate Court Conservatorship to manage you financial and business affairs if you become unable to make informed decisions.
Everyone over age 18 should have a DPOA, no matter how young or old. Without DPOA (and Health Care Proxy) a parent does not have legal authority to manage the affairs and decisions for a young adult child who becomes unable to communicate informed decisions.
So, we all need to have these important documents in place. The most important question in the circumstances you explained is: whether your spouse is able to execute a Power of Attorney. The answer depends on the level of competence he still has.
If he is still able to comprehend the act of designating an agent now, but suffers a loss of competence before your house closing, you will be stuck. The only way you'll be able to give a deed to your buyer will be under the authority of Probate Court, and that will be costly in time and trouble.
Your next step right now is to contact an elder law attorney in your state. see more
Durable Power of Attorney ("DPOA") allows your agent (known as an "attorney-in-fact") to make decisions and transactions involving your material possessions: your real estate, bank accounts and other assets. Without DPOA, your family members would need a Probate Court Conservatorship to manage you financial and business affairs if you become unable to make informed decisions.
Everyone over age 18 should have a DPOA, no matter how young or old. Without DPOA (and Health Care Proxy) a parent does not have legal authority to manage the affairs and decisions for a young adult child who becomes unable to communicate informed decisions.
So, we all need to have these important documents in place. The most important question in the circumstances you explained is: whether your spouse is able to execute a Power of Attorney. The answer depends on the level of competence he still has.
If he is still able to comprehend the act of designating an agent now, but suffers a loss of competence before your house closing, you will be stuck. The only way you'll be able to give a deed to your buyer will be under the authority of Probate Court, and that will be costly in time and trouble.
Your next step right now is to contact an elder law attorney in your state. see more
Question
Can a quitclaim deed be filed to transfer ownership to my name? Also, can it be effective upon his death?
Does your father have an attorney that he has worked with in the past? If not, now is the time for him to meet with an elder law - estate... Does your father have an attorney that he has worked with in the past? If not, now is the time for him to meet with an elder law - estate planning attorney in your state to review the ownership status of the real estate.
You mentioned that your parents owned the house as "tenants in common" and I'm assuming that you meant to say "right of survivorship." Tenants in common is not compatible with a right of survivorship, so meeting with an attorney who can give you an accurate explanation of the current situation is your first step.
When the current status is clearly understood, your question about whether your father can transfer the home to you without needing a probate of your mother's estate can be addressed.
Your father must also consider his current health, and future needs for long term care. Federal Medicaid law provides a caregiver child exemption for transfers of a person's residence, whenever the child has provided 2 years of care that saved the person from needing a nursing home admission.
https://www.law.cornell.edu/uscode/text/42/1396p
42 U.S. Code § 1396p(c)(2)(A)(iv)
So, if a physician can certify that you lived in your father's home for a period of at least two years immediately before the date the your father becomes an institutionalized individual, and that you provided care to such individual which permitted such individual to reside at home rather than in such an institution or facility, your father could transfer the house to you, and still be eligible for Medicaid.
Your questions about filing a deed that is effective at death requires your father to decide whether he wants to keep a life interest in the home.
After talking with an elder law - estate planning attorney in your state, your father will be able to make well informed decisions about the succession plan for the family residence. see more
You mentioned that your parents owned the house as "tenants in common" and I'm assuming that you meant to say "right of survivorship." Tenants in common is not compatible with a right of survivorship, so meeting with an attorney who can give you an accurate explanation of the current situation is your first step.
When the current status is clearly understood, your question about whether your father can transfer the home to you without needing a probate of your mother's estate can be addressed.
Your father must also consider his current health, and future needs for long term care. Federal Medicaid law provides a caregiver child exemption for transfers of a person's residence, whenever the child has provided 2 years of care that saved the person from needing a nursing home admission.
https://www.law.cornell.edu/uscode/text/42/1396p
42 U.S. Code § 1396p(c)(2)(A)(iv)
So, if a physician can certify that you lived in your father's home for a period of at least two years immediately before the date the your father becomes an institutionalized individual, and that you provided care to such individual which permitted such individual to reside at home rather than in such an institution or facility, your father could transfer the house to you, and still be eligible for Medicaid.
Your questions about filing a deed that is effective at death requires your father to decide whether he wants to keep a life interest in the home.
After talking with an elder law - estate planning attorney in your state, your father will be able to make well informed decisions about the succession plan for the family residence. see more
Question
How can I find a lawyer that can help me review my life insurance policy?
Life Insurance is an asset that is part of your estate plan. When you talk with an elder law - estate planning attorney, you will learn... Life Insurance is an asset that is part of your estate plan. When you talk with an elder law - estate planning attorney, you will learn how the policy fits within the medicaid regulations in your state.
The attorney can also help you understand the significance of your beneficiary designations, and also explain how ownership of the insurance policy can be transferred and beneficiary designations changed if you have a Power of Attorney document that grants the powers needed to re-arrange your estate if your become incapacitated in the future.
Your decisions about your life insurance policy can be part of a complete estate plan designed to carry out your intentions, manage long term care costs, protect you and your assets, and avoid probate.
You can find attorneys in your area by asking at your local council on aging, area Aging Services Access Point (ASAP) and by searching online
https://www.agingcare.com/local/elder-law-attorneys see more
The attorney can also help you understand the significance of your beneficiary designations, and also explain how ownership of the insurance policy can be transferred and beneficiary designations changed if you have a Power of Attorney document that grants the powers needed to re-arrange your estate if your become incapacitated in the future.
Your decisions about your life insurance policy can be part of a complete estate plan designed to carry out your intentions, manage long term care costs, protect you and your assets, and avoid probate.
You can find attorneys in your area by asking at your local council on aging, area Aging Services Access Point (ASAP) and by searching online
https://www.agingcare.com/local/elder-law-attorneys see more
Question
Can my mom who is living with me pay for food, utilities and rent as well as a stipend for care?
Absolutely yes. This is a frequently asked question, but the answer is always unique to your situation. Here are some general points to... Absolutely yes. This is a frequently asked question, but the answer is always unique to your situation.
Here are some general points to help you get started:
You should have a written agreement the explains how much you are being paid and what services your are providing to prevent arguments and misunderstandings among other family members who can't or won't help out.
Without a written agreement, your mother (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. A Caregiver Contract includes a written organization of care and other services, that adapts to changing needs.
Without a written agreement, the elder who pays a family member for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Documents the compensation and services in a format that Medicaid can understand and accept.
If you talk to an elder law attorney in your state, you can learn about more resources. Examples: Medicaid home care programs that may reimburse you; and if your mother was married to a wartime veteran, an Aid & Attendance pension could be available to reimburse her for the care she is paying you to provide.
Here's an article on how Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
Here are some general points to help you get started:
You should have a written agreement the explains how much you are being paid and what services your are providing to prevent arguments and misunderstandings among other family members who can't or won't help out.
Without a written agreement, your mother (and others people involved in care such as physicians and health care providers) aren't sure about who is responsible to maintain the needed level of care. A Caregiver Contract includes a written organization of care and other services, that adapts to changing needs.
Without a written agreement, the elder who pays a family member for care could be disqualified from Medicaid coverage if they need nursing home care in the future. Documents the compensation and services in a format that Medicaid can understand and accept.
If you talk to an elder law attorney in your state, you can learn about more resources. Examples: Medicaid home care programs that may reimburse you; and if your mother was married to a wartime veteran, an Aid & Attendance pension could be available to reimburse her for the care she is paying you to provide.
Here's an article on how Personal Care Agreements Can Compensate Family Caregivers
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
Question
We are asking my wife's Mother to pay us $2000 a month to live in our home and be taking care of 24/7. Any opi...
Invite your mom to talk with an elder law attorney in your state, so she can learn more about levels of care, the value of planning to stay... Invite your mom to talk with an elder law attorney in your state, so she can learn more about levels of care, the value of planning to stay in the least restrictive living setting (such as a private home), and your role as housing provider and potentially as care provider.
If the new living situation works out, you will be providing services that can save your mother from a nursing home admission.
Without a written rental and caregiver agreement, you may be setting yourself up for unnecessary problems.
A Caregiver Contract recognizes and rewards the time and effort that you give to care, shows your mother the tasks and services she is paying for, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
Without a written agreement, your mother could be disqualified from Medicaid coverage if she needs nursing home care in the future. Medicaid could consider payments to family members as "disqualifying transfers."
An Elder Law Attorney in your state can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that your mother would understand now, and that the Medicaid agency would accept in the future.
You can focus your energy on her needs and minimize the impact on your physical health and financial well being if your role is clearly understood. You are performing a valuable service, well worth the compensation.
Here is an article on how Personal Care Agreements Can Compensate Family Caregivers:
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
If the new living situation works out, you will be providing services that can save your mother from a nursing home admission.
Without a written rental and caregiver agreement, you may be setting yourself up for unnecessary problems.
A Caregiver Contract recognizes and rewards the time and effort that you give to care, shows your mother the tasks and services she is paying for, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
Without a written agreement, your mother could be disqualified from Medicaid coverage if she needs nursing home care in the future. Medicaid could consider payments to family members as "disqualifying transfers."
An Elder Law Attorney in your state can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that your mother would understand now, and that the Medicaid agency would accept in the future.
You can focus your energy on her needs and minimize the impact on your physical health and financial well being if your role is clearly understood. You are performing a valuable service, well worth the compensation.
Here is an article on how Personal Care Agreements Can Compensate Family Caregivers:
https://www.agingcare.com/articles/personal-care-agreements-compensate-family-caregivers-181562.htm see more
Question
How can I protect my mom's home from being taken away?
Talking with an elder law attorney in your city or town is a good way to learn about your all of options. Medicaid home care programs in... Talking with an elder law attorney in your city or town is a good way to learn about your all of options.
Medicaid home care programs in your state may pay you a stipend to care for your mother. This could provide tax free income for you.
If a physician can certify that you provided at least 2 years of care that saved your mother from needing a nursing home admission, the home can be transferred to you, free of protected Medicaid liens if your mother needs Medicaid to pay for care. Federal Medicaid law exempts a home from transfer penalties if a son or daughter of the individual who was residing in the individual’s home for a period of at least two years immediately before the date of the individual’s admission to the medical institution, establishes to the satisfaction of the State that he or she provided care to such individual which permitted such individual to reside at home rather than in an institution.
https://www.law.cornell.edu/uscode/text/42/1396p
Was your father a veteran who served at least one day during war time? Your mother may be eligible for an Aid & Attendance pension that can reimburse you for care services.
Other programs and resources may be available to you and your mother. see more
Medicaid home care programs in your state may pay you a stipend to care for your mother. This could provide tax free income for you.
If a physician can certify that you provided at least 2 years of care that saved your mother from needing a nursing home admission, the home can be transferred to you, free of protected Medicaid liens if your mother needs Medicaid to pay for care. Federal Medicaid law exempts a home from transfer penalties if a son or daughter of the individual who was residing in the individual’s home for a period of at least two years immediately before the date of the individual’s admission to the medical institution, establishes to the satisfaction of the State that he or she provided care to such individual which permitted such individual to reside at home rather than in an institution.
https://www.law.cornell.edu/uscode/text/42/1396p
Was your father a veteran who served at least one day during war time? Your mother may be eligible for an Aid & Attendance pension that can reimburse you for care services.
Other programs and resources may be available to you and your mother. see more
Question
Does Mom's 100 days start over?
It sounds like your mother is being treated within the same "spell of illness." Medicare pays for "inpatient hospital... It sounds like your mother is being treated within the same "spell of illness."
Medicare pays for "inpatient hospital services, post-hospital extended care services, home health services, and hospice care . . . post-hospital extended care services for up to 100 days during any spell of illness..."
42 U.S. Code § 1395d(a)(2)(A) - Scope of benefits
https://www.law.cornell.edu/uscode/text/42/1395d
42 USC Section 1395x(a) defines the term “spell of illness” as a period of consecutive days—
(1) beginning with the first day (not included in a previous spell of illness) (A) on which such individual is furnished inpatient hospital services, inpatient critical access hospital services or extended care services, and (B) which occurs in a month for which he is entitled to benefits under part A, and
(2) ending with the close of the first period of 60 consecutive days thereafter on each of which he is neither an inpatient of a hospital or critical access hospital nor an inpatient of a facility described in section 1395i–3(a)(1) of this title or subsection (y)(1).
https://www.law.cornell.edu/uscode/text/42/1395x
From Medicare.gov:
https://www.medicare.gov/coverage/skilled-nursing-facility-care.html
"If you stop getting skilled care in the SNF, or leave the SNF altogether, your SNF coverage may be affected depending on how long your break in SNF care lasts.
If your break in skilled care lasts more than 30 days, you need a new 3-day hospital stay to qualify for additional SNF care. The new hospital stay doesn’t need to be for the same condition that you were treated for during your previous stay.
If your break in skilled care lasts for at least 60 days in a row, this ends your current benefit period and renews your SNF benefits. This means that the maximum coverage available would be up to 100 days of SNF benefits."
Confirm with your health care providers whether your mother's care was within the same "spell of illness." see more
Medicare pays for "inpatient hospital services, post-hospital extended care services, home health services, and hospice care . . . post-hospital extended care services for up to 100 days during any spell of illness..."
42 U.S. Code § 1395d(a)(2)(A) - Scope of benefits
https://www.law.cornell.edu/uscode/text/42/1395d
42 USC Section 1395x(a) defines the term “spell of illness” as a period of consecutive days—
(1) beginning with the first day (not included in a previous spell of illness) (A) on which such individual is furnished inpatient hospital services, inpatient critical access hospital services or extended care services, and (B) which occurs in a month for which he is entitled to benefits under part A, and
(2) ending with the close of the first period of 60 consecutive days thereafter on each of which he is neither an inpatient of a hospital or critical access hospital nor an inpatient of a facility described in section 1395i–3(a)(1) of this title or subsection (y)(1).
https://www.law.cornell.edu/uscode/text/42/1395x
From Medicare.gov:
https://www.medicare.gov/coverage/skilled-nursing-facility-care.html
"If you stop getting skilled care in the SNF, or leave the SNF altogether, your SNF coverage may be affected depending on how long your break in SNF care lasts.
If your break in skilled care lasts more than 30 days, you need a new 3-day hospital stay to qualify for additional SNF care. The new hospital stay doesn’t need to be for the same condition that you were treated for during your previous stay.
If your break in skilled care lasts for at least 60 days in a row, this ends your current benefit period and renews your SNF benefits. This means that the maximum coverage available would be up to 100 days of SNF benefits."
Confirm with your health care providers whether your mother's care was within the same "spell of illness." see more
Question
Can my mother sell her house with a living estate?
Does your mother have the capacity to sign a deed transferring ownership of her house? You mentioned a decline in mental capacity. Now is... Does your mother have the capacity to sign a deed transferring ownership of her house? You mentioned a decline in mental capacity. Now is the time to talk with an elder law attorney in your state who can advise you on this, and other important issues you raise in your question.
Selling a house and retaining a Life Estate allows the seller to continue owning the property for the rest of the owner's life.
The Remainder is the interest in the property that remains after the death of the person who had retained the life estate. Ownership of the property passes to the Remainder people upon death of the Life Tenant, without the need for Probate Proceedings.
Life Estate arrangements are usually made with family members. You are wondering whether your mother can sell the property to unrelated persons. If she sells the property, your mother can't change her mind and revoke the transfer of the property. The remainder people would have to sign a deed giving the house back to her. Other potential problems include disputes over how much the Life Tenant must pay for maintenance and repair.
Medicaid is another issue to consider. The transfer would be reported on a Medicaid application If your mother needs Medicaid within 5 years of the transfer. How your mother spends the money she receives from the sale of the property, and her continuing ownership of the Life Estate would also affect her eligibility.
It may be possible to make a plan that would use the value of home equity to keep your mother at home for as long as possible. Perhaps a reverse mortgage would be a simpler, safer way to achieve the goals you have in mind.
You can get a more complete understanding of all the options if you talk with an elder law attorney in your state. see more
Selling a house and retaining a Life Estate allows the seller to continue owning the property for the rest of the owner's life.
The Remainder is the interest in the property that remains after the death of the person who had retained the life estate. Ownership of the property passes to the Remainder people upon death of the Life Tenant, without the need for Probate Proceedings.
Life Estate arrangements are usually made with family members. You are wondering whether your mother can sell the property to unrelated persons. If she sells the property, your mother can't change her mind and revoke the transfer of the property. The remainder people would have to sign a deed giving the house back to her. Other potential problems include disputes over how much the Life Tenant must pay for maintenance and repair.
Medicaid is another issue to consider. The transfer would be reported on a Medicaid application If your mother needs Medicaid within 5 years of the transfer. How your mother spends the money she receives from the sale of the property, and her continuing ownership of the Life Estate would also affect her eligibility.
It may be possible to make a plan that would use the value of home equity to keep your mother at home for as long as possible. Perhaps a reverse mortgage would be a simpler, safer way to achieve the goals you have in mind.
You can get a more complete understanding of all the options if you talk with an elder law attorney in your state. see more
Question
Does my mother need to become a resident in my state since she is now living with me?
Your question is important, and requires that you review the list of government agencies and other third parties that your mother may have... Your question is important, and requires that you review the list of government agencies and other third parties that your mother may have to deal with now and in the future.
If your mother needs Medicaid to pay for home care, or care in a facility, the Medicaid agency in your state will ask whether your mother intends to stay in your state. Talk with an elder law attorney now, so you understand the regulations.
Since your mother owns property in another state, you need to know how the property owner's residency affects taxation of property and assets that may end up in her estate. Again, talking with an elder law attorney who understands multi-state income and estate taxation, will help you make good decisions.
If you need authority to manage affairs during your Mother's lifetime or after death, time lines of residency (length of time in months or years) apply to determine which state laws and courts can designate you as the person with authority to manage and make decisions, if there is disagreement with your sister.
Other factors may apply to your mother's care and circumstances. Talking to an elder law attorney in your state can bring those to light. see more
If your mother needs Medicaid to pay for home care, or care in a facility, the Medicaid agency in your state will ask whether your mother intends to stay in your state. Talk with an elder law attorney now, so you understand the regulations.
Since your mother owns property in another state, you need to know how the property owner's residency affects taxation of property and assets that may end up in her estate. Again, talking with an elder law attorney who understands multi-state income and estate taxation, will help you make good decisions.
If you need authority to manage affairs during your Mother's lifetime or after death, time lines of residency (length of time in months or years) apply to determine which state laws and courts can designate you as the person with authority to manage and make decisions, if there is disagreement with your sister.
Other factors may apply to your mother's care and circumstances. Talking to an elder law attorney in your state can bring those to light. see more
Question
How can I find out if my mother reinstated her insurance policy or took out more?
Your question indicates that you may know the name of the insurance company that your mother had been dealing with. If there is... Your question indicates that you may know the name of the insurance company that your mother had been dealing with. If there is information on her insurance agent, call them. Or, call the life insurance company's customer service department and ask for information. They may require that you have authority, such as Power of Attorney (if your mother is still living) or appointment as Personal Representative of her estate.
If the insurance company has merged or gone out of business, you can find information about successor insurance companies that may have taken over the policy at:
http://www3.ambest.com/ratings/entities/search.aspx?
The Insurance Information Institute has a list of 12 steps you can take to track down life insurance policy information:
http://www.iii.org/article/how-can-i-locate-lost-life-insurance-policy
Step 12 includes a link to the insurance industry trade group that has access to search all applications for life insurance policies have been filed since 1996:
http://www.mib.com/lost_life_insurance.html
Effective Estate Planning includes organizing asset information, making it easier to manage and settle an estate. see more
If the insurance company has merged or gone out of business, you can find information about successor insurance companies that may have taken over the policy at:
http://www3.ambest.com/ratings/entities/search.aspx?
The Insurance Information Institute has a list of 12 steps you can take to track down life insurance policy information:
http://www.iii.org/article/how-can-i-locate-lost-life-insurance-policy
Step 12 includes a link to the insurance industry trade group that has access to search all applications for life insurance policies have been filed since 1996:
http://www.mib.com/lost_life_insurance.html
Effective Estate Planning includes organizing asset information, making it easier to manage and settle an estate. see more
Question
Should a POA compensate themselves?
If your father has designated you as his agent in his Power of Attorney document, you should have the authority to establish contractual... If your father has designated you as his agent in his Power of Attorney document, you should have the authority to establish contractual agreements on his behalf, such as a Caregiver Contract with yourself as the contracted provider. Talk with your family lawyer or an elder law attorney in your state, and learn more about your roles as Caregiver and as Attorney-in-Fact under the POA.
As Caregiver, you are providing care that may continue to save your father from a nursing home admission. But without a written agreement, you may be setting yourself up for unnecessary self-doubt and criticism.
A Caregiver Contract recognizes and rewards the time and effort that you give to care, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
And without a written agreement, the elder who pays you for care could be disqualified from Medicaid coverage if he does need nursing home care in the future. Medicaid could consider payments to family members to be "disqualifying transfers."
If you talk with your family lawyer or an Elder Law Attorney in your state, the Attorney can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that Medicaid can understand and accept. If you are authorized in the Power of Attorney document to sign the Contract on your father's behalf, the Contract can be an effective way to manage details, so you can focus your energy on his needs and minimize the impact on your physical health and financial well being. Your are performing a valuable service, well worth the compensation. see more
As Caregiver, you are providing care that may continue to save your father from a nursing home admission. But without a written agreement, you may be setting yourself up for unnecessary self-doubt and criticism.
A Caregiver Contract recognizes and rewards the time and effort that you give to care, and it helps to prevent arguments and misunderstandings among other family members who can't or won't help.
And without a written agreement, the elder who pays you for care could be disqualified from Medicaid coverage if he does need nursing home care in the future. Medicaid could consider payments to family members to be "disqualifying transfers."
If you talk with your family lawyer or an Elder Law Attorney in your state, the Attorney can prepare a Caregiver Contract that is compliant with Medicaid regulations in your state, to document the compensation and services in a format that Medicaid can understand and accept. If you are authorized in the Power of Attorney document to sign the Contract on your father's behalf, the Contract can be an effective way to manage details, so you can focus your energy on his needs and minimize the impact on your physical health and financial well being. Your are performing a valuable service, well worth the compensation. see more
Question
Grandmother's Medicaid was denied. What do I do now?
There may be options open for your grandmother to restore her eligibility for Medicaid, but more information is needed to help. Does your... There may be options open for your grandmother to restore her eligibility for Medicaid, but more information is needed to help.
Does your grandmother have a prepaid funeral or burial contract? An irrevocable burial account? Other medical expenses?
Non countable assets and care expenses can be applied to excess assets, but you can't be sure about all the options until you talk with an Elder Law Attorney in your state.
You can get the answers you need from an advice and counsel you get from an advisor who has helped others. see more
Does your grandmother have a prepaid funeral or burial contract? An irrevocable burial account? Other medical expenses?
Non countable assets and care expenses can be applied to excess assets, but you can't be sure about all the options until you talk with an Elder Law Attorney in your state.
You can get the answers you need from an advice and counsel you get from an advisor who has helped others. see more
Should I build an in-law suite and move mom here?
If a home care plan is possible, the Elder Law Attorney can explain how you can be paid for the services you provide to your mom. To budget for any home improvements you need to make to accommodate your mom, ask about these planning tools:
Caregiver Contract
Rental Agreement
Home care reimbursement from Medicaid programs in your state
If the arrangements are made properly now, your mom won't become subject to Medicaid penalties caused by disqualifying transfers of money. You and your Elder Law Attorney can also check on the zoning regulations in your city or town that may restrict what you do with your house.
Whether the home care option can work will depend on how much care your mom will need, and how much money she has to work with. see more