Caring for an Elderly Relative

If your plan is to possibly move the person into a nursing home, and try to keep medicare from getting his assets, there is a way it can be done. You need to find an Elder Law attorney. They can set up his trust into a non contestable trust. Ours put my father's money into a mutual fund. Dad can recieve monthly payments from it. Problem is, once Dad passes, any money remaining in the mutual fund get seized by the fund. I think that is howo it goes. Find an Elder Law Attorney.

My grandmother stayed in her home whe she got very ill but my mother was able to get medicare and nurse assistance for her. If she had been placed in a nursing home, they would have gone after her home for reimbursement. Since she stayed home, they sold the house after she died and did not repay the state. My father is currently in a nursing home with medicare assistance to pay for it. Since my mom still lives in the home, they are not going to seek reimbursement if she outlives him. I don't know what can happen if he outlives her.

They go back 5 years. If the person has gifted money to people or relatives, the state has the right to go after it back 5 years. if there is property (a house), maybe you can get around them aquiring that but I don't know. Perhaps someone could buy it at a discounted rate. I don't know.

I think now the feds are looking back 5-7 years at the elderly assets. That is why it is very important to work on this issue ahead of time.

It used to be that the State checked assets for the previous 36 months prior to a Medicaid application approval. Don't know if the rules have changed - I highly doubt that they have shortened the check back period. It's more likely that they have increased it.

Remember: MEDICARE is the federally funded healthcare insurance program for those that have worked and earned enough work credits regardless of income. MEDICAID is the state subsidized program for those with limited financial resources. These are 2 very different programs with very different rules and regulations. It can be hard to remember the difference. I am guessing that you are referring to the Medicaid process.

Good questions. If an elderly loved one is placed say in a nursing home usually everything has to be signed over to the home to satisfy their upkeep. Unless, say the home or property is signed over to a loved one ahead of time. If they don't own anything it can't be taken away, ie. homes,cars,estates.This is why it's so important to have living wills and lawyers advice. Unfortunately,dying is a part of living and no one wants to take about it.