Recently, I looked into what to do to get my husband to qualify for Medicaid in a long term memory care facility. I spoke to an eldercare lawyer who assured me I would be able to keep my pension, my social security, my house, my cars (all at least 10 years old) and my savings, which are under $28,000. That is all we have. I decided not to do it yet. However, people keep telling me that the lawyer is wrong, I will lose my house, or 1/2 the value of it, I will have to sell cars. These people are telling me from the position of having to do it for their parents. They are telling me horror stories of what happened to them, and that the lawyer is wrong. This has been very upsetting, to get counsel and then be told that the counsel is wrong, and I must "protect myself." I think these people may have had many more assets than we do. Does anyone of modest means like myself have any experience with putting a spouse in long term care, and losing their house by doing so?
You, as the Community Spouse, are protected from impoverishment. The house will be subject to a lien from Medicaid when YOU die or sell the house if it is in both of your names.
I have a suggestion; do you have a trusted friend you can take with you to the lawyer for the next appointment? Two sets of ears is MUCH better than one.
If you have assets over your monthly income and SS, you can have them split. Insurance policies with cash in value need too be cashed in. This can be used to prepay a funeral, which is what I did. Is the 28k in both your names? Then it will need to be split. In your name only, I am not sure about. You will become the Community Spouse. As such, you can remain in the home and have one car. What you get from your combined monthly SS and pensions will depend on what you need to live on. You will probably get yours and part or all of his. The CS can not be made impoverished. When DH passes, a lean for the cost of his care will be placed on the house. Upon your death, the house will need to be sold to satisfy the lean. Even if you sell before that time, the lean will need to be satisfied. If someone in the family wants the home, they will need to pay the lean. Like I said, just the basics here. In your State you maybe able to keep both cars.
I have never understood why the first thing people say when Medicaid is involved is see an elder lawyer. I made an appt with a Medicaid caseworker. I sat down and he actually filled out the application asking me questions. I was given a list of things I needed to provide. I did have a lawyer but only for the house which is an exempt asset. Thats because the house was for sale in a bad market and I had a nephew living there. But, I did all the work getting things needed and dealing with the caseworker. Mom only had 20k to her name over and above her SS and small pension. I took the 20k and paid the NH privately for two months. The 3rd month, Medicaid Started.
Remember I said each State is different.
Also, know that administrative or business staff at care facilities are not always knowledgeable, although they may offer valuable information based on their experience.
I would start the process. You have enough information at this point to ask questions if something doesn't seem inline with what the attorney told you.
I am so sorry that you are being bombarded with different case scenarios at a most difficult time for you.
One thing I highly recommend, send copies to Medicaid, number the documents when you get it all together, ie 1 of 100, 2 of 100. Keep a complete copy for yourself and in the event something goes missing you can ask the social worker to tell you what pages are missing. This will help tremendously in the case of careless handling but, it also stops alot of carelessness because it is obvious that they are responsible, as they received a set number of numbered documents.
You can do it! Best of luck!
The elder law attorney advised you correctly. I, too, am an elder law attorney.
As the healthy spouse and to qualify your husband for Medicaid, based on your facts, you retain the family home, one car, furniture and personal property found in the house, a prepaid funeral arrangement, and all the savings.
Advice from general people, like us here, are helpful for figuring out what questions to ask the experts. Advice from general people, like us here, should never be taken as the final word.
For example, my parents listened to family and friends about how to pay for my mom’s terminal cancer treatment. My parents went completely broke - no house, no retirement savings. They lost everything and then she died.
When my dad got sick I asked experts about how to pay for his care. That’s when I learned the truth: my parents never had to loose their house, never had to loose their savings, never had to become a destitute burden on me. By then it was too late.
They listened to well intentioned family and friends and we suffered for it. Get your advice from multiple experts so you don’t end up like them.
I can't even count the number of times I've been given wrong "advice" by people who either thought they were helping, or thought they were qualified to provide expert information. And that isn't just on medical or caring issues.
In the decades I worked in law, whether at a court level or for law firms, I've only twice (that I can remember) encountered attorneys who were unqualified, but it was on the basis of integrity as opposed to misinformation to clients.
If your attorney is well recommended and specializes in eldercare and Medicaid, please continue to work with him. The well being friends are coming from a different view.
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