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You need to see an Elder Lawyer and have your assets split. Your husbands split goes towards his care and when almost gone you apply for Medicaid. Once he is on Medicaid you remain in the home, have a car and get enough of your monthly income to live on. I am just giving you basics an Elder Lawyer will get into more.
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Reply to JoAnn29
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I am in the process of finishing this with my parents. Their elder care attorney in Massachusetts has changed my father's will to leave his assets (house) to me as the personal representative, so my mother does not have the house as an asset. She is also not his POA or HCP. We have submitted the 18 page Mass Health application.

The attorney also advised changing the names/account owners on large savings accounts, brokerage accounts, etc. The goal is that my mother's (who needs LTC) only assets are her pension and social security, about $2K. My father I believe will still need to pay her Medicare insurance.

Being new to this, I was surprised, but as a married couple they are considered a "unit" and assets can be transferred from the spouse to himself only, then me. My mother signed paperwork acknowledging that she was giving permission to make this change to their savings account. I still need to update the ownership on their brokerage accounts and CD, but my father unfortunately is exhausted by the whole process, so I hope to work with him when I am in Boston this week to make changes, otherwise the state of MA will take half of their other joint assets?

I am not an expert at this and have learned a lot. My understanding is that the LTC/skilled nursing wants to know if the application for Medicare assistance has been filed. If so, they will proceed and consider her on Medicaid.

The rest of the money will be used for my father's AL. He can sell the house and have access to 100% of the proceeds. The REALLY good news in this process is I found a place nearby that offers both AL and LTC. They will be on different floors, but in the same place.

If anyone has experience in this area, I really welcome you advice/counsel.

Thank you
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Reply to Logan1964
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MACinCT Mar 18, 2024
Logan, Double check on that house title. A will shows where money goes but who has the title? When Medicaid or MASS Health is filed the house may have to be an asset. When I was executor to someone in MA in 201: First, if the estate is one penny above 1 million, there will be at least a 4% estate tax. If there is life insurance, that is counted in the estate. MASS Health DOES send a bill for the MERP. They did not care how it was paid by the executor. I had to pay this bill upon sale of a house including the estate taxes. Probate oversaw my payments.
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Didn't your husband acquire "financial means" precisely so he could be well cared for in his old age rather than placed in a Medicaid facility with a roommate, separated by a curtain, who's blasting his tv set 24/7? Memory Care Assisted Living is a much better, more comfortable, environment for a man of means! You may want your life, yes, but I'm sure he wants what's left of his life to be the best it can be too!
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Reply to lealonnie1
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In your state of residence (CO) Medicaid only covers LTC, which means the person is basically bedbound or so profoundly ill that they need 24/7 care.

Needing LTC is an assessment usually made by a physician. This is one of 2 things an applicant needs to qualify for. The other is financial need. Then there is a 5-year "look-back" period for the financial application.

I would discuss this with an elder law attorney, or estate planner or Medicaid Planner for your state.
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Reply to Geaton777
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With an elder law attorney advising how to protect what assets for the well spouse that CAN be protected you proceed.
However, do understand that your assets stand to pay for your care, not the taxpayer.

After your assets are gone, is the time for Medicaid.
You WILL need an attorney to protect what assets are allowed the well spouse for her own future care.

Attend with a full set of assets and get options from an attorney. While a Forum may be well meaning, this isn't something you can afford to do wrong.
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Reply to AlvaDeer
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See an elder lawyer in separation of assetts
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Reply to MACinCT
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You go to am Elder Law attorney in your state who can advise you about local Medicaid regs.

In most places, when one spouse needs Nursing Home level care, their assets are split and the institutionalized spouse spends down their part of the assets private paying for care.

The spouse who remains at home, termed the Community Spouse, does not need to become impoverished.
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Reply to BarbBrooklyn
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