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Who are you caring for?
Which best describes their mobility?
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How are they managing their medications?
Does their living environment pose any safety concerns?
Fall risks, spoiled food, or other threats to wellbeing
Are they experiencing any memory loss?
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I. How We Work in Washington. Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services. APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
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Mostly Independent
Your loved one may not require home care or assisted living services at this time. However, continue to monitor their condition for changes and consider occasional in-home care services for help as needed.
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This is attorney work. It’s way way too complicated to ever attempt to DIY. Start by looking for a CELA level of elder law attorney. Does not have to be in your city; Just as long as in your State. Medicaid is run by each State uniquely.
Be sure to mention that a regular income source is residual business income. The issue - in my understanding - on $ like this is that it tends to get viewed as an annuitant type of income. And anything “annuitant” has to be within IRS approved actuarial tables for your hubs age to be ok for LTC Medicaid (the program that will pay for custodial care in a facility) with the $ affixed for the incoming year. A good elder law practice will have a CPA that evaluates stuff like this, so you will need to bring in all the paperwork on the old biz along with other financials and tax filings. And if the biz $ takes hubs over the allowed monthly income max, the atty probably can figure out how to suss out one of his income sources to go into a Miller Trust or a pooled income trust. Jusy what options exists vary by State. Really none of this stuff is DIY.
Heres how it could work: hubs fully assessed to be “at need” medically for custodial care in a SNF, so ok for that aspect of LTC Medicaid. Now your State has “at need” financial at $2,829 income and 2K asset max. And you as the community spouse can retain up to 130K. Y’all have only 52K in savings, so 50K is yours alone in a new bank account and hubs has 2K placed into his. So ok on assets. But income that’s over the $2829 as he gets $3,100 in SSA and then $2500 in an actuarially sound residual biz earrings a mo. He’s $5,600 a mo income so over the $2829 max, but in no way covers the private pay rate of f 9K a mo for a NH in your State. So what might can be done is to have his SSA go into a Miller Trust which kinda becomes its “owner” and it’s $3100 is paid to the NH via the Miller. Now he has only $2500 a mo so under $2829. HOWEVER you have a mortgage and a car note and you really need some of his income to keep your household afloat as your own income is not enough. The atty then does documentation to establish that you kinda really need $1500 of his income each month to be able to cover mortgage and your own living costs in the community. You need Community Spouse Resource Allowance of $1500 waived over to you from his $2500 a mo old biz income. Medicaid approves your CSRA so that his Share of Cost he’s required to pay the NH is only 1K less his States personal needs allowance. Voila! You as a CS with CSRA now are better off financially + he’s fully eligible for LTC Medicaid. Plus via that attorney, you are better prepared for dealing with however LTC Medicaid does Estate Recovery once hubs passes. Realistically imo couples and LTC Medicaid is atty work as all sorts of issues to be evaluated and perhaps tweaked. And you want to start on this before he ever enters a facility and files for LTC Medicaid as it usually “sets” income and assets to the day of application filing. (It’s called the snapshot day). Basically you need to get on this sooner rather than later. Good luck and let us know what happens. We do learn from each other!
You need to talk to an Elder lawyer. Your assets can be split. You receiving money monthly from a sale ofva business could effect his monthly income which could put youbover the income cap set by your State.
Best to ask an eldercare attorney in your state. Each state has certain regulations. And, you need to follow laws specifically for your state. It will be money worth spending for sure.
Gabby, For me, this is both a legal and moral question. The legal question is so VERY complex that even Igloo, on this Forum--who is a master at knowledge in this wise--recommends that when there is marriage, marital assets, and so on it is NOT DIY. That is to say very dangerous to do it yourself; you need legal guidance by a GOOD CELA certified Elder Law Attorney. Expensive? Yes, but crucial. First of all you are dealing with marital assets here, and how things are documented and licensed for tax purposes and secondly you are dealing with Medicaid which is a joint federal and State program, and each state has different rules.
While a Forum of caregiving strangers is great for which is best incontinent wear for night, who should be POA and what do they do, and etc. For LEGAL questions, and MEDICAL questions and FINANCIAL questions it is off you go to the experts.
I leave moral questions to you; and leave legal guidance and options to your attorney, and I wish you the very best of luck in protecting your own assets so well as you are able.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Be sure to mention that a regular income source is residual business income. The issue - in my understanding - on $ like this is that it tends to get viewed as an annuitant type of income. And anything “annuitant” has to be within IRS approved actuarial tables for your hubs age to be ok for LTC Medicaid (the program that will pay for custodial care in a facility) with the $ affixed for the incoming year. A good elder law practice will have a CPA that evaluates stuff like this, so you will need to bring in all the paperwork on the old biz along with other financials and tax filings. And if the biz $ takes hubs over the allowed monthly income max, the atty probably can figure out how to suss out one of his income sources to go into a Miller Trust or a pooled income trust. Jusy what options exists vary by State. Really none of this stuff is DIY.
Heres how it could work: hubs fully assessed to be “at need” medically for custodial care in a SNF, so ok for that aspect of LTC Medicaid. Now your State has “at need” financial at $2,829 income and 2K asset max. And you as the community spouse can retain up to 130K. Y’all have only 52K in savings, so 50K is yours alone in a new bank account and hubs has 2K placed into his. So ok on assets. But income that’s over the $2829 as he gets $3,100 in SSA and then $2500 in an actuarially sound residual biz earrings a mo. He’s $5,600 a mo income so over the $2829 max, but in no way covers the private pay rate of f 9K a mo for a NH in your State. So what might can be done is to have his SSA go into a Miller Trust which kinda becomes its “owner” and it’s $3100 is paid to the NH via the Miller. Now he has only $2500 a mo so under $2829. HOWEVER you have a mortgage and a car note and you really need some of his income to keep your household afloat as your own income is not enough. The atty then does documentation to establish that you kinda really need $1500 of his income each month to be able to cover mortgage and your own living costs in the community. You need Community Spouse Resource Allowance of $1500 waived over to you from his $2500 a mo old biz income. Medicaid approves your CSRA so that his Share of Cost he’s required to pay the NH is only 1K less his States personal needs allowance. Voila! You as a CS with CSRA now are better off financially + he’s fully eligible for LTC Medicaid. Plus via that attorney, you are better prepared for dealing with however LTC Medicaid does Estate Recovery once hubs passes.
Realistically imo couples and LTC Medicaid is atty work as all sorts of issues to be evaluated and perhaps tweaked. And you want to start on this before he ever enters a facility and files for LTC Medicaid as it usually “sets” income and assets to the day of application filing. (It’s called the snapshot day). Basically you need to get on this sooner rather than later. Good luck and let us know what happens. We do learn from each other!
For me, this is both a legal and moral question. The legal question is so VERY complex that even Igloo, on this Forum--who is a master at knowledge in this wise--recommends that when there is marriage, marital assets, and so on it is NOT DIY. That is to say very dangerous to do it yourself; you need legal guidance by a GOOD CELA certified Elder Law Attorney. Expensive? Yes, but crucial.
First of all you are dealing with marital assets here, and how things are documented and licensed for tax purposes and secondly you are dealing with Medicaid which is a joint federal and State program, and each state has different rules.
While a Forum of caregiving strangers is great for which is best incontinent wear for night, who should be POA and what do they do, and etc. For LEGAL questions, and MEDICAL questions and FINANCIAL questions it is off you go to the experts.
I leave moral questions to you; and leave legal guidance and options to your attorney, and I wish you the very best of luck in protecting your own assets so well as you are able.
Take care.