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Elder Law

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Sueloew

Junior Member
What is the name of your state?What is the name of your state? West Virginia
Stepfather went into nursing home at $5,000.00 a month. Insurance will pay for a couple months. Can my mother's savings, or her house, in her name be taken? After stepfather's saving is wiped out can they take all his retirement? Can they take his house while my mother is living there? Can my mother move some the the money from the joint account into hers now? I am trying to get her to see a lawyer about these things.
Thank you.
 


BlondiePB

Senior Member
Sueloew said:
What is the name of your state?What is the name of your state? West Virginia
Stepfather went into nursing home at $5,000.00 a month. Insurance will pay for a couple months. Can my mother's savings, or her house, in her name be taken? After stepfather's saving is wiped out can they take all his retirement? Can they take his house while my mother is living there? Can my mother move some the the money from the joint account into hers now? I am trying to get her to see a lawyer about these things.
Thank you.
If you are looking for ways to commit Medicaid fraud, we don't assist posters with crimes. Changing assests to be eligible for Medicaid is fraud.
 

hearfocus

Junior Member
Wow, that person didn't even mention Medicaid and you jumped their case. There needs to be compassion about elderly people who find themselves in this situation. It could happen to you. Here is a good, thorough article discussing the pros and cons of divorce "Medicaid style." As to it being flat-out illegal, I don't believe that clear cut laws have been passed recently but I could be wrong about that. It may still be legal, although unethical, some places:

http://66.102.7.104/search?q=cache:9qvKnbiLCPcJ:home.law.uiuc.edu/elderlaw/issues/vol_9/num_1/pdf/farley.pdf+divorce+Medicaid+style&hl=en
 

BlondiePB

Senior Member
hearfocus said:
Wow, that person didn't even mention Medicaid and you jumped their case. There needs to be compassion about elderly people who find themselves in this situation. It could happen to you. Here is a good, thorough article discussing the pros and cons of divorce "Medicaid style." As to it being flat-out illegal, I don't believe that clear cut laws have been passed recently but I could be wrong about that. It may still be legal, although unethical, some places:

http://66.102.7.104/search?q=cache:9qvKnbiLCPcJ:home.law.uiuc.edu/elderlaw/issues/vol_9/num_1/pdf/farley.pdf+divorce+Medicaid+style&hl=en
It is obvious by the following statement by the poster that she is looking at spending down which is exactly what MOST of the posters want to do to be eligible for Medicaid to pay for nursing home care.

"After stepfather's saving is wiped out can they take all his retirement? Can they take his house while my mother is living there? Can my mother move some the the money from the joint account into hers now?"

Just exactly who do you think "THEY" are in regards to taking/putting a lien assests? The step-father is ALREADY in the nursing home.
 

pojo2

Senior Member
hearfocus said:
There needs to be compassion about elderly people who find themselves in this situation. It could happen to you.
Oh, we have great compassion everytime we hear of some selfish child trying to protect the assets so they can have SOMETHING to inherit (yeah right).

When the individual has assets that could be used toward paying for their care why should YOU and I pay their way so that same selfish child can have something?

The spouse in this case is usually protected against ending up without a home, even though it may be in both names, and an ability to live themselves.

You read many posts here? What happens when the do pays can't anymore because of paying for all the don't pays?
 

hearfocus

Junior Member
Well excuse ME, both of you.

How do you know this person wasn't concerned about the spouse's ability to survive? I still don't believe it was written with any intent of maliciousness. They didn't use terms like "spend down" or "medicaid" or even "nursing home." Maybe they are a rather uneducated person who looks at all the people who want money from her family as a big, generic, "They." Maybe they do not even know that the nursing home is not the state government.

There simply is not enough information from this person to judge them so harshly in a knee-jerk fashion.
 

preggers

Junior Member
S(he) should have been advised to seek the advice of an attorney that specializes in eldercare issues, instead of given the self-righteous lecture.

Yes, there are methods of "asset protection", although waiting until one is in a home is too long. Yes, medicare can place a lien on your house.
 

hearfocus

Junior Member
preggers said:
S(he) should have been advised to seek the advice of an attorney that specializes in eldercare issues, instead of given the self-righteous lecture.

Yes, there are methods of "asset protection", although waiting until one is in a home is too long. Yes, medicare can place a lien on your house.
That's VERY WISE. And all true. Thanks. :)
 

BlondiePB

Senior Member
hearfocus said:
Well excuse ME, both of you.

How do you know this person wasn't concerned about the spouse's ability to survive? I still don't believe it was written with any intent of maliciousness. They didn't use terms like "spend down" or "medicaid" or even "nursing home." Maybe they are a rather uneducated person who looks at all the people who want money from her family as a big, generic, "They." Maybe they do not even know that the nursing home is not the state government.

There simply is not enough information from this person to judge them so harshly in a knee-jerk fashion.
If you think this is NOT about Medicaid, you are as dumb as a bucket of rocks!
 

BlondiePB

Senior Member
preggers said:
S(he) should have been advised to seek the advice of an attorney that specializes in eldercare issues, instead of given the self-righteous lecture.

Yes, there are methods of "asset protection", although waiting until one is in a home is too long. Yes, medicare can place a lien on your house.
And, just what can an elder law attorney do when the person is already in the nursing home? If you think Medicare can place a lien on a home, you, too, are as dumb as a bucket of rocks!
 

BlondiePB

Senior Member
pojo2 said:
Oh, we have great compassion everytime we hear of some selfish child trying to protect the assets so they can have SOMETHING to inherit (yeah right).

When the individual has assets that could be used toward paying for their care why should YOU and I pay their way so that same selfish child can have something?

The spouse in this case is usually protected against ending up without a home, even though it may be in both names, and an ability to live themselves.

You read many posts here? What happens when the do pays can't anymore because of paying for all the don't pays?
I'll be saving this for future reference, pojo.
 

hearfocus

Junior Member
BlondiePB said:
And, just what can an elder law attorney do when the person is already in the nursing home? If you think Medicare can place a lien on a home, you, too, are as dumb as a bucket of rocks!
"As dumb as a bucket of rocks"? That's abusive. Are you a moderator or something?

I didn't say that it would not ultimately be about Medicaid. It will be. It's just this this person doesn't sound like some kind of savvy rip off artist if she posts that way about the issue.

If she were a savvy rip off artist, she wouldn't need to ask other people the questions she's asking and the way she's asking them!
 

preggers

Junior Member
Rocks?

SURE :confused:

I should have said "MediCAID", because MediCARE will only pay for a limited # of days during a benefit period.

Your attitude is amazing!
 

BlondiePB

Senior Member
preggers said:
Rocks?

SURE :confused:

I should have said "MediCAID", because MediCARE will only pay for a limited # of days during a benefit period.

Your attitude is amazing!
I'm entitled to my own opinion and don't need any tutoring about Medicare. :rolleyes:

Of course this is about Medicaid. Why else would she be asking about moving money out of a bank account?

People who do proper estate planning don't come here asking about transferring assests when their person of interest is or is going into a nursing home. :rolleyes:
 

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