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ID Medicaid

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SJkytn

Junior Member
What is the name of your state? ID

DSO's mom was recently put into a nursing home due to dementia. This happened suddenly so there was no time to do a POA or to try and save any of her assets. It is going to be about 2 - 3 years before she has to apply for Medicaid but I don't want DSO (who is getting guardianship) to mess up by spending money where he shouldn't and then Medicaid telling us she doesn't qualify for X number of months. Right now he is paying for the nursing home, getting an irrevocable prepaid funeral trust, and paying for the utilities on the home until it can be sold. This could be a while since the market in the area that she lives is depressed and houses are not selling fast at all. We are going to buy her car for fair market value.

Any advice or experiences anyone has had in this area will be appreciated.
 


ShyCat

Senior Member
Everything else would be valid expenditures, but why would a person in a nursing home with dementia need a car that she cannot drive? That wouldn't pass anyone's smell test.
 

lya

Senior Member
Everything else would be valid expenditures, but why would a person in a nursing home with dementia need a car that she cannot drive? That wouldn't pass anyone's smell test.
Silly kitty cat. The poster is buying the elderly woman's car, not buying a car for the elderly woman!
 

lya

Senior Member
What is the name of your state? ID

DSO's mom was recently put into a nursing home due to dementia. This happened suddenly so there was no time to do a POA or to try and save any of her assets. It is going to be about 2 - 3 years before she has to apply for Medicaid but I don't want DSO (who is getting guardianship) to mess up by spending money where he shouldn't and then Medicaid telling us she doesn't qualify for X number of months. Right now he is paying for the nursing home, getting an irrevocable prepaid funeral trust, and paying for the utilities on the home until it can be sold. This could be a while since the market in the area that she lives is depressed and houses are not selling fast at all. We are going to buy her car for fair market value.

Any advice or experiences anyone has had in this area will be appreciated.
There are ways for assets to be saved. If your mom was going to will you and/or other children any portion of her house, something like 20% of the value of the house can be given to (you) each year.

Also, the laws have changed to prevent a spouse from having to sell the residence in order to pay for nursing home expenses. The house does not have to be sold until after the woman's death, if then. In the meantime, each year, the % of interest in the home can be given to loved ones. It is possible that when the time comes, there will be no asset in Mom's name.

Someone needs to find an elder law attorney or elder financial attorney ASAP--really more like STAT--before unnecessary loss in incurred.
 
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ShyCat

Senior Member
Silly kitty cat. The poster is buying the elderly woman's car, not buying a car for the elderly woman!

Ooops, you're right! I totally misread that.

My apologies to the OP.

<purr>
 

SJkytn

Junior Member
There are ways for assets to be saved. If your mom was going to will you and/or other children any portion of her house, something like 20% of the value of the house can be given to (you) each year.

Also, the laws have changed to prevent a spouse from having to sell the residence in order to pay for nursing home expenses. The house does not have to be sold until after the woman's death, if then. In the meantime, each year, the % of interest in the home can be given to loved ones. It is possible that when the time comes, there will be no asset in Mom's name.

Someone needs to find an elder law attorney or elder financial attorney ASAP--really more like STAT--before unnecessary loss in incurred.
It's my understanding that you can't give away any assets. The spouse has been dead since 1988 so that is not an issue with selling the house. The house is also paid for. Her death could be many years down the road and letting it sit empty is not good for it's value.

We are going to be contacting an elder care attorney in Idaho Falls (the closest one) but thanks for the information.
 

lya

Senior Member
I know that assets can be protected and that a percentage of asset in the home can be given away each year.

Be sure to keep the appointment with the attorney before anyone sells anything else.
 

SJkytn

Junior Member
We will definitely talk to the attorney before putting the house up for sale. With the car it was a case of she's not going to be using it so there was no point in keeping it around. Thanks.
 

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