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Need Advice on Trust

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J

jackon

Guest
Tampa, Florida

Statement of Facts:


My mother has been living in an Assisted Living Facility in Tampa, Florida since 08/27/98 and is 88 years old. She is on Medicaid and her social security check is paid to the ALF to defray the cost of the facility along with the subsidy from Medicaid.

On or around 02/00, she was hospitalized and is currently involved in a malpractice suit with the hospital.

She will soon be entitled to recover damages as a result of injury in the hospital.

Is there a way to prevent loss of her Medicaid benefits as a result of receipt of the settlement?

OBRA 1993 provided for 3 options to disabled individuals creating so called Medicaid Special Needs Trust:

1) Under-sixty-five trust (this would not apply) 2) pooled trust and 3) Miller Trust. However these trusts must include a payback clause to reimburse Medicaid or SSI after the death of the beneficiary for assistance provided to the beneficiary.

Is there an asset protection mechanism to preserve the asset in the trust and not lose the government benefits and eliminate the payback?
 


L

loku

Guest
There are very strict laws, with criminal penalties, designed to prevent people from giving their property away or tying it up, if the result is that the Government will be expected to pay the costs of nursing home or other care, rather than the person himself from his or her assets. So I doubt that there is a specific plan aimed at preserving assets while the government pays for care.

However, every situation is different. An attorney with a specialty in elder care may know of something that could help in your situation.
 

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