Answer:  The positive aspects of having a Will are that Wills are inexpensive (approximately $75). You name the personal representative to handle your estate and you decide how the estate will be distributed. These are very positive things that everyone should take advantage of.  

However, there are four negative things about just having a Will:  

1. All Wills go through probate with the average fee being anywhere from three to ten percent in attorney fees.
2. The probate process continues anywhere from six to twelve months or longer, which means that your loved ones are entangled in a long, drawn out court process long after your death.
3. Wills do not plan for incapacity, and if you only have a Will and become incapacitated, you will probably be declared incompetent and become a ward of the court. Guardianship proceeding are very expensive and costly with an annual expense.
4. Wills are a public document upon death. Anyone can purchase a copy of a Will for a dollar or two per page.

Joseph F. Pippen, Jr., Attorney at Law
Law Office of Joseph F. Pippen, Jr. & Associates
Largo, Florida  33771
727-586-3306
 

Answer:  A reverse mortgage is the opposite of a traditional mortgage. With a traditional mortgage, you borrow money and make monthly mortgage payments.

However, in a reverse mortgage, you basically receive money from the lender and don't have to pay it back for as long as you live in your home. Instead, the loan must be repaid when you pass away, sell your home, or no longer live there as your principal residence.

The eligibility requirements are quite simple. There is no income, employment or credit qualifying.

• All homeowners must be 62 or older and occupy the property as their principal residence
• The home must be owned free and clear, or have a remaining mortgage balance which can be paid off by a reverse mortgage
• The property must be a single-family or a two-to-four unit dwelling
• Townhomes, detached homes, condominium units, planned unit developments and some manufactured homes are eligible
• The home must meet HUD minimum property standards

The maximum amount that can be borrowed is based on the several factors:

• The age of the youngest borrower when loan is taken out
• The appraised value of the home
• The current interest rate
• Amount of equity in your home
• Mortgage program and options chosen

Usually, the more your home is worth, the older you are, and the lower the interest rate is, the more you'll be able to borrow.

Four Important Things You Should Do Before Getting a Reverse Mortgage

• Determine if you really need a reverse mortgage or if another type of loan would be better for you. Depending upon your needs and your financial situation, you may be able to meet your goals with another financial solution.
• See a HUD-approved reverse mortgage counselor – for a fee – to help you decide if a reverse mortgage is for you, or to help you choose among the different types of reverse mortgages. The Federal Government has made it mandatory that each Reverse Mortgage applicants go through independent third-party counseling. This is simple and stress-free process, and can be done in person or over the telephone. We can provide you a list of names and phone numbers of HUD counselors in your area.
• Shop around and compare! Not all reverse mortgages are created equal. They vary substantially in how much cash you can get, what they cost and other features.
• Consider whether a reverse mortgage might make you ineligible for any public benefits you now receive or may be eligible to receive in the future. For example, if you currently receive or expect to be eligible for any "needs-based" benefits such as Medicaid, MediCal, or Supplemental Social Security Income (SSI), reverse mortgage payments will have to be structured so that monthly payments will be spent within the month they are received. If not, such payments will be considered "income," and may make you ineligible for public benefits. You should always contact your benefits provider to ask about how a reverse mortgage may affect your eligibility.

Consumer Protections

• Asset protection – non-recourse loan – the HECM borrower (or his or her estate) will never owe more than the loan balance or value of the property, whichever is less; and no assets other than the home must be used to repay the debt. This applies only when the borrower or estate choose to sell the property to pay off the reverse mortgage loan. If the borrower or estate want to retain the property the balance must be paid in full
• Approved counseling required for all reverse mortgage loans
• Adjusted interest rates have lifetime caps
• After estate pays lender, any remaining equity is paid to heirs or estate
• No maturity date – a reverse mortgage cannot become due during the borrower's lifetime

Philip B. Goss, Reverse Mortgage Professional
Generation Mortgage Company
Glendora, California  91741
626-691-0135
 

Answer:  Yes – everyone should have a Will, which is something that many people don’t realize until it’s too late.

If you have children, or if you care who receives your property after your death, then you need a Will.

Why is a Will so important?

• Choose Who Gets Your Property – A Will allows you to choose who receives your property after death. If you own property (such as your home or wedding ring) that you want to leave to a specific person, you cannot do that unless you write a Will.
• Gifts of Cash – A Will allows you to make specific monetary gifts to whoever you wish.
• Guardian for Your Children – A Will allows you to choose the individual who you want to act as Guardian for your minor children.  This is important if you are concerned about who would love and care for your children if you should die unexpectedly.
• Choose Your Executor – A Will allows you to choose the person who will be in charge of settling your estate (called an “Executor”). This is important, because you are trusting this person to carry out your wishes after you are gone.
• Gifts to Charity – If you want to make a special gift to your church, school or other charity, to help others after you are gone, you need a Will to make that happen. 
• Who Takes Care of Your Pets? A Will allows you to say you should receive your dogs, cats and other furry family members, to be sure they are taken care of. You can even set up a Pet Trust, if you want to leave money for their care.

As you can see, a Will is a very important document.  Not only does a Will allow you to state your wishes, but it also provides guidance to your family members after you can no longer speak for yourself.

A. Diane Baker, Esq.
Baker & Stalzer, LLC
Roswell, Georgia  30076
770-992-4325

Answer:  My opinion is that bankruptcy can be a good thing. It is all a matter of your point of view. You may look at it from the obligation of the consumer (the person who obtained the debt) to pay their debts, but you could also look at it as the obligation of a head of household to provide for their family and its future. Making just the minimum payments on your credit cards, for example, it may take thirty (30) years or more to pay it off and that is only if you stop accumulating more debt along the way. If all you can afford is to pay the minimum payments month after month, year after year, you are not being financially responsible to your family by saving for your own retirement or sending your children to college.

I have never seen a mainstream media outlet advocate for the filing of bankruptcy until recently when the Wall Street Journal (WSJ) ran an article that said it was okay to file. When home values have plummeted and your house is underwater and you cannot make ends meet, it is okay to file for bankruptcy. In fact, it is a smart and financially responsible thing to do.

I read another very interesting article that was titled “Debt Stress Makes Us Sick!” The article tells of a health poll that found that people in financial distress are more likely to report health problems, including ulcers, severe depression, and even heart attacks.

This information should not surprise anyone – the information has been around for a long time. In 2005, researchers at three major universities surveyed three thousand (3,000) people regarding the negative effect of financial stress and found that the top three health effects of financial distress are stress, anxiety, and depression. I work with individuals who are buried in a mountain of debt every day, and I see first-hand the negative effects that debt stress can have.

Being in financial distress can negatively impact many areas of your life including your health. Take charge of negative financial stress today and do something to improve the quality of your life.

By filing for bankruptcy, you’re making a choice to put your family’s future first. Without creditors calling you several times each day, your life will have less stress. You will experience tranquility in your life. Your family will see your reduced level of stress and they, too, will be happier. We’ve heard the saying “If mother (or father) is happy, everyone is happy,” and it is true. With no more money going out to unsecured creditors, you will be able to begin saving and investing again for retirement or college. Bankruptcy can be your tool for reorganizing your estate, eliminating your debt, downsizing your life, and preparing for your future.

Bankruptcy allows you to eliminate unsecured debt, rewrite contracts on your family vehicles, and decrease the values and mortgages on your investment property. You can protect your retirement. Bankruptcy can also be used to remove unsecured second mortgages on homes.

Consider this. There is a husband and a wife – let’s call them Bob and Mary. Bob is a fifty (50) year old mechanical engineer who had a good job, but got laid off twice in one year. Mary is also fifty (50) years old, and had a decent job managing an office. Bob searched for work for close to a year each time he was laid off, but nobody would hire him. Bob and Mary looked at their options and decided to take a chance and open a chain sandwich shop with their retirement money. They ran the store for five years, but it was not working out financially. What should they do? If they do not declare bankruptcy, they could end up losing everything – their home included. They would have no money saved for their retirement, and any money they were able to earn would go toward paying down the debts. If they do not declare bankruptcy, they might end up on government assistance and the taxpayers would have to take care of them in their elder years. It gets expensive when you are older and have higher health care costs. Wouldn’t it be better for them to declare bankruptcy, get a fresh start, and begin saving again?

If you are struggling financially, now may be the time for you to file for bankruptcy. Congress intended bankruptcy to be a fresh start for the honest but unfortunate debtor. They may be talking about you. Put your health and your family first.

Shelley A. Elder, Esq.
Elder Law Firm, PLLC
Kennesaw, Georgia  30152
404-783-2244

Answer:  Unfortunately, homecare is not covered by medical insurance.  In our society, what is referred to as "private duty" homecare is considered non-medical, as opposed to "home health," which includes skilled nursing, physical therapy, occupational therapy and speech therapy.  That means that private duty homecare is not covered by Medicare or other forms of medical insurance.  In many cases, that homecare is as vital to the wellbeing of our clients as an RN visit, because the activities of daily living (ADLs) which we support are necessary if a person is to successfully live at home (for example, assistance with eating, dressing, toileting, transfers from bed to chair, and so forth).

So, how do we pay for homecare?  In many cases, private duty homecare translates to private pay homecare, with families looking to their own resources to pay the cost. 

Fortunately, an increasing number of our clients have obtained long-term care insurance policies, which provide a great deal of support toward the cost of in-home care, as well as, if needed at some point in the future, assisted living facilities.  There are many good sources of information on the Internet concerning long-term care insurance.  One consistently good source is AARP.  You can start with their basic page on long-term care.

Bert Cave
Support For Home
Sacramento, California  95825
916-482-8484

Answer:  In general, an agent (or "attorney in fact") may be anyone who is legally competent and over the age of majority.  Most individuals select a close family member such as a spouse, sibling or adult child, but any person such as a friend or a professional with outstanding reputation for honesty would be ideal.  You may appoint multiple agents to serve either simultaneously or separately.  Appointing more than one agent to serve simultaneously can be problematic because if any one of the agents are unavailable to sign, action may be delayed.  Confusion and disagreement between simultaneous agents can be another cause of inaction.  Therefore, it is usually more prudent to appoint one individual as the primary agent and nominate additional individuals to serve as alternate agents if your first choice is unwilling or unable to serve.

Julie Low, Attorney at Law
Law Office of Julie Low, PLLC
Beverly, Massachusetts  01915
978-338-4465

Answer:  The short answer is no. Generally, LTC insurance works like any other insurance, unless it has a return of premium benefit provision, there is no reimbursement provision. My experience tells me, however, that had she lived for about a year while receiving benefits, those benefits, if added together, would have exceeded her total premiums paid in.

Coincidently, my wife passed away this past February. She fought cancer for about four and a half years, but was able to perform her activities of daily living up until early December of last year about the time she was determined to be terminally ill. She had a 90-day elimination period in her policy (just as I do in mine), so she never was able to receive the first dollar of benefits. Insurance companies would have to charge significantly higher premiums if they were expected to reimburse policy holders for benefits not received. In fact, they wouldn't stay in business very long.

I guess you could say that LTC insurance is like other types of insurance. We pay premiums in case we need it, but hope we don't become ill, disabled, have our homes burn to the ground, or be involved in an auto accident, just so we can collect benefits.  I hope I live a long life and never need to collect benefits on my policies. 

William H. "Bill" Lee II, CLTC
Long Term Care Institute
Baton Rouge, Louisiana  70809
225-926-5414
 
 

Answer:  Medicaid is very state specific in what asset protection techniques work and what techniques do not work. One technique that works in some states, which has been approved by two federal courts and some state courts, is for the healthy spouse to take the excess assets and purchase a single premium immediate payout annuity that pays a monthly check solely to the healthy spouse. This converts what had been excess assets of the couple to income belonging solely to the healthy spouse and this income is hers to keep and need not be spent on the ill spouse’s care.

In a lawsuit filed by the law firm Czepiga Daly Dillman of Newington, Connecticut, U.S. District Court Judge Janet C. Hall ruled on August 13, 2010 that a Connecticut resident did not have to sell an annuity she had purchased in order to have her husband qualify for Medicaid coverage. Attorneys Brendan F. Daly and Paul T. Czepiga, two of the elder law attorneys who argued the case on behalf of their client, noted that the decision affirms the use of annuities to convert assets to much-needed income for many older Connecticut residents who qualify for Medicaid.

In that lawsuit, the husband had been confined to a nursing home since November 2008.  The couple had $166,000 more of countable assets than permitted by Medicaid law. In order to qualify her husband for Medicaid, the wife purchased a single premium immediate annuity for $166,000 in order to provide her with a fixed monthly income. That annuity purchase also reduced her countable assets to less than the $109,560 that the state of Connecticut allows in order to qualify for Medicaid.

 The state of Connecticut contended that the wife should sell the annuity’s income stream for a lump sum, even though such a sale would have netted only about $98,000 and even though the annuity was irrevocable. In fact, such a sale was not possible because the contract under which the annuity was created prohibited any such assignment. It was the state’s position that if the annuity income could be sold, even at a loss, the wife would be over the $109,560 asset limit and her husband would not, consequently, be eligible for Medicaid.

CzepigaDalyDillman, LLC contended that federal law exempts her annuity’s fixed income in determining her husband’s eligibility for Medicaid benefits. In other words, what had been $166,000 of countable assets was, through the purchase of an immediate payout annuity that complied with federal Medicaid rules, converted to exempt income for the wife's sole benefit.

 Judge Hall ruled as unconstitutional Connecticut’s policy of trying to force a healthy spouse (whose husband or wife is in a nursing home) to sell the income stream produced by the healthy spouse’s annuity.

Paul T. Czepiga, Esq., CELA
Czepiga & Daly, LLC
Newington, Connecticut  06111
860-594-7995
 
 

Answer:  In times of extreme economic volatility we want our assets invested in things that can adapt and prosper and we believe that is globally dominating companies.  We like companies that pay steady dividends, and have a long history of increasing their dividends.   

Over the next decade about one billion people will enter the realm of middle class in what we still tend to call the emerging markets.  These middle class people will want more and more of the good life.  They will buy everything from paper towels to chocolate bars to basic automobiles.  This will be a giant wave.

Anyone who is serious about creating wealth and/or protecting existing wealth needs a significant position in high-quality, globally dominating corporations.  Many of these companies are priced right, have very manageable debt, have a lot of excess cash and are well positioned to take advantage of the millions and millions of people that are climbing the economic ladder in the emerging economies of Asia and South America.

Philip C. Benedict, CFP
Benedict Financial Advisors, Inc.
Atlanta, Georgia  30328
770-671-8228
 

Answer:  Caregiving for a loved one can be a very overwhelming and taxing job.  I commend your efforts and think to myself how lucky your mother is to have you and your granddaughter.

My first recommendation would be to report your mother's current living situation to the Department of Children and Families (or Adult Protective Services) and to follow up with them until you receive their final determination. 

I also recommend that you consult with your mother's primary care doctor and stress your concerns.  Determining what is going on medically with her first will help in determining in which direction you need to go.  You can also request that the physician refer your mother to a neurologist or psychiatrist for a comprehensive memory evaluation.  From there you can choose the next direction.

If your mother does not have a Durable Power of Attorney (DPOA) document already in place, then you may need to get the help of an attorney to perhaps apply for a guardian to be appointed over your mother and her day to day affairs.

Finally, there are professionals that are available in the community who can provide additional resources and support such as Geriatric Care Managers, social workers, support groups, and your local Area Agency on Aging.  I would suggest that you reach out to these local resources in order to get continued support and education in aging related matters.

Genevieve Griffin Faulk,  MSW, LCSW, CMC, C-ASWCM, CSA
Bayshore Geriatric Solutions, Inc.
Tampa, Florida  33619
Hillsborough Office: 813-246-4120  Pinellas Office: 727-586-0044
 

Answer:  NO.  Only those veterans that had service connected disabilities and received some form of disability from the service connection pension will receive the death compensation.  The minimum death compensation is $300 and the maximum is $2000 and is paid directly to the funeral home unless the maximum amount is received, which is then paid to the widow.  The maximum benefit is paid if the veteran's cause of death is from the same reason that caused him to receive his service connected disability pension in the first place.

All veterans receive a foot marker for their graves.  This is spelled out on the www.va.gov web site.

Michael D. Verble 
Verble Estate Preservation & Advisors, LLC
Brentwood, Tennessee  37027
800-891-6474

Answer:  Taxpayers can deduct medical expenses paid for some individuals who don't qualify for the dependency exemption, such as a parent for whom the taxpayer provides over half the support. 

Medical expenses in excess of 7.5% of Adjusted Gross Income (AGI) are deductible as itemized deductions on Schedule A.

Phillip G. Sanders, MBA, MSHA, CPA
Founder, ElderCare Matters
877-379-4500
ElderCareMatters.com

Answer:  In addition to the benefit of substantially reduced nursing home care, Medicaid can also cover Medicare copayments and deductibles, medical supplies and equipment, and depending on the State, coverage can also include dental care, optometry, foot care, dentures, eyeglasses, and other needs.

David Paul Pollan, Esq.
The Pollan Law Firm
Atlanta, Georgia
678-510-1358

Answer:  The VA will pay tax free income called “low income pension” to veterans or their widows, if they are disabled or over the age of sixty and have limited income and assets.  If the veteran is confined to the home (housebound) or in need of the assistance of another person to help them with their activities of daily living (walking, bathing, dressing, toileting, transferring, medication monitoring, etc.) or if they need supervision to keep them safe in their environment (aid and attendance), then the VA will pay an even higher amount of income to that person.

 All of the following criteria must be met before a veteran or widow(er) of a veteran can receive Improved Pension benefits:

1.   The veteran must have served at least 90 days of active service with at least one day of service during a wartime period.

 WWII                December 7, 1941 thru December 31, 1946         

Korean War        June 27, 1950 thru January 31, 1955

Vietnam Era       August 5, 1964 thru May 7, 1975 (if serving anywhere)

                       February 28, 1961 thru May 7, 1975 (if in Vietnam)

Persian Gulf       August 2, 1990 thru the present               

2.   The veteran must have received a discharge that is other than dishonorable.

3.   The claimant must have limited income and assets available.

4.   The claimant must have a permanent and total disability, and the disability was caused without willful misconduct of the claimant.

Assuming the criteria above are met, the VA can pay as much as $1,949 per month to a veteran who is married.  A widow can receive up to $1,056 per month.  Receiving this additional income can make the difference of whether a person can remain in their home or assisted living versus having to prematurely move to a nursing home on Medicaid due to lack of money to pay for private care.

Victoria L. Collier, Attorney at Law
The Elder & Disability Law Firm of Victoria L. Collier, P.C.
Decatur, Georgia
404-370-0696

Answer:  I think it is important to address the issue with her, and hopefully therefore avoid a crisis or worsening of the situation.  The specific approach very much depends on the personalities involved.  I think in all cases approaching it from a concerned and loving perspective, with thankfulness for all she does as a caregiver, and an offer that you wish to help.  An example of a statement that might be appropriate would be “Mom, you are doing such a great job caring for Dad.  However, because you’re doing such a great job, we don’t want to be neglectful in helping either and want to make sure we’re doing what we can to support you and Dad.  We thought it would be helpful to sit down and talk about how things are going, anything we might do for you and plan a bit for the future.”

 Ask what her goals, fears, needs and concerns are.  Address some specific concerns you have.  You may have a lot of ideas and know some serious help is needed, but don’t bombard her with ideas/overwhelm her.  Plan a time and setting (and participants) to talk that will be least threatening (and perhaps plan for a loved one to take Dad on an outing or spend time with him while you have the initial conversation with her).  Reassure her that the control remains in her hands, and by perhaps getting a little bit of help, it will offer them the most/best choices.  For example, the idea of a nursing home may be very frightening to her, but perhaps someone coming in to help one day/week to start would be helpful.  You can offer to do leg work for her, but she can make the choices.  For example, if she agrees to getting a caregiver in to help—she can interview the caregivers (confirm this with any agency you contact, they should be able to make arrangement to let you meet potential caregivers—or help match based on criteria you set forth such as experience with dementia, strong housekeeping skills/cooking).  If she is open to looking at facility options or adult day care, for example, arrange tours so she can review.  She may have unfounded fears about some of these things, which you can help allay by sharing the realities.

If you feel you are going to “hit a brick wall”, you may also consider whether an outside party can help you in the discussions.  Who this is depends on her—who’s opinion would she listen to and respect?  The family doctor, clergy, a nurse that has been involved, someone within the family?  Another option is for your family to consult with a geriatric care manager.  He/she can help you strategize, but also explain what the possible options are and be available to answer any questions or concerns anyone has.  Geriatric care managers deal with a lot of reluctant clients and families and have the professional skills to counsel families through these issues.

I would also highly recommend the book, How to Say it to Seniors by David Solie.  It is a great resource and gives some specific examples and approaches to different situations with aging parents.

Shannon Martin, M.S.W., CMC
Aging Wisely, LLC
Clearwater, Florida
727-447-5845

Answer:  Depending on the law of your State, your wife may be able to, in effect, be employed by her aunt to provide care.  If the aunt does not have the means to pay your wife in cash, it might be possible to structure an arrangement whereby the aunt can agree to pay your wife out of the proceeds of the eventual sale of the aunt’s share of the residence.  That obligation can possibly be secured by a mortgage on the aunt’s interest in the house.

Scott Makuakane, JD, CFP
Est8 Planning Counsel LLLC
Honolulu, Hawaii
808-587-8227

Answer:  Daily Money Managers involve themselves in the tedious job of bill paying for their clients.  This may include paying what ever bills are due, making bank deposits, organizing any and all tax information and preparing it for the accountant, negotiating with creditors as needed, making referrals to lawyers, etc. as is necessary.  They are available to assist the elderly as well as the baby boomers.

Geriatric Care Managers provide assistance to patients/clients and their family members, caring for their physical health needs, mental health needs as arises, assisting with medical visits, explaining anything that was not completely understood by the client/patient as related by a doctor.  Assistance is also given to locate  housing, if necessary, to assist with financial problems or to locate a qualified professional who will take care of financial matters.  Generally what ever the need of the requesting family and or members, the G C M will take care of or provide information to fulfill that need.

www.ElderCareMatters.com includes both of these professional services on its website – a site that receives about 15,000 -20,000 visits per month and helps families across America plan for and deal with their issues of aging.

Barbara Faust, RN, BSN, MHA, GCM
Angels in the Outfields, LLC
East Stroudsburg, Pennsylvania
570-982-1138

Answer:  It appears that under the Sale of Residence Exclusion Rules (Section 121 exclusion) the sale of Mom's home in Louisiana will NOT trigger the need to file a tax return, nor will she owe taxes on the gain.  A taxpayer can exclude from income up to $250,000 ($500,000 for married couples who file jointly) of gain from the sale of a personal residence if the following two tests are met:

• Ownership and Use:  The individual must have owned and used the home as a principal residence for at least two out of the five years prior to the sale (the two years do not have to be consecutive).
• Frequency Limitation: The exclusion applies to only one sale every two years.

NOTE: The "one-time capital tax gain exemption" is no longer in effect.

Diane Reumont, MBA, CPA
David A. Reumont, CPA, PC
Silver Spring, Maryland
301-438-0510
 

Answer:  As with any legal question, the short answer is "it depends."  First of all, you need to consult with an attorney in your state, because each state has some different rules.  In general, gifts to third person on behalf of your grandchildren would be considered a gift and included in the look back, but only if you made the "gift" after February 8, 2006.  That is the date on which the time for looking back changed from three years to five years.  In addition, did you make a loan to the child with a promissory note?  Did you pay from a trust that is protected from Medicaid recovery?  What assets did you use to pay the tuition? Are you the legal guardian of the grandchild?  Is the grandchild disabled in some way? In your state, are you allowed to remove money from a reverse mortgage on your home without a penalty? All of these elements are included in the decision as to whether a tuition payment is a gift.

Unfortunately, there is not a simple answer when it comes to Medicaid.  You would do well to sit down with a lawyer in your state who can be more specific regarding your situation in your location.

Rose Mary Zapor, M.A., J.D.
Elder Law / Mediation
Denver, Colorado  80221
303-881-6354
 

Answer:  Sometimes it is difficult to manage an assisted living facility from out of state.  You are not there to make sure they do what they say, and, many times, complaints by phone do not have the same effect as you standing there in person.  What you need to do is either move your aunt to another facility or find a local advocate to be your clone on the ground.  In my practice, we refer families to Geriatric Care Managers (GCMs).  These professionals are licensed nurses or social workers who can become involved in a situation and advocate strongly for a loved one.  They can cost between $100 to $150 per hour, but are worth every penny, especially in circumstances similar to yours.  You can find local geriatric care managers from a local elder law attorney or from elder care resources, such as www.ElderCareMatters.com.

Ben A. Neiburger, JD, CPA
NEIBURGER LAW, LTD.
Elmhurst, Illinois  60126-1438
630-782-1766
 

Answer:  A widow or widower is entitled to the higher monthly benefit, either their own or their deceased spouse's benefits, but not both.

William G. Nolan, Attorney at Law
Nolan Elder Law, LLC
Birmingham, Alabama  35226
205-823-8916
   

Answer:  Gifts to children will not be required to be turned over to the nursing home or assisted living facility.  However, gifts may cause a disqualification for Medicaid benefits.  If an application for Medicaid occurs within 60 months of the date of the gifts, then those gifts will cause the Medicaid agency to impose a divestment penalty.  During a period of penalty, your mother-in-law would be unable to receive Medicaid benefits to pay for nursing home or home and community based waiver services (in the assisted living facility).  Gifts made before applying for VA benefits generally will not cause a disqualification as long as no gifts are made to a family member who the claimant lives with.  If your mother-in-law served in the military during wartime or if she is the surviving spouse of a wartime veteran she may be eligible for a VA pension.  Veterans can receive up to $1,644 per month to help pay for the cost of care (including assisted living or nursing home).  A surviving spouse can receive up to $1,056 per month. 

Sanford J. Mall, Esq., CELA
Mall Malisow & Cooney, P.C.
Farmington Hills, Michigan  48334
248-538-1800
 

Answer:  The easiest way to find out the information that you are seeking is to call the Agency for Health Care Administration in Tallahassee at (888) 419-3456.  They should be able to give you up-to-date information about Medicaid approved facilities and assisted living facilities anywhere in the state.

I. Michael Tucker, Attorney at Law
Law Office of I. Michael Tucker, PLC
Altamonte Springs, Florida  32701
407-977-8836