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Conference at DeskWhen it comes to getting care for the elderly or protecting their interests, many families confront similar issues. Below we have collected questions received over the years from site visitors, along with our answers. Select the subject areas of greatest interest to you and see what others have asked. Chances are you'll find questions or situations that closely parallel your own.

 

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Q:

Can Medicaid Force the Sale of a Car That Is in My Father's Name Even Though I Make the Payments?

My father was placed in a nursing home six weeks ago and he will be applying for Medicaid. He has two cars: a truck that is paid for and the car I drive. The car is in his name, but I make the monthly payments. I have about a year of payments left on this car. Will Medicaid take both of these vehicles, or is the one I drive OK because I'm still paying on it? He owns no other property.

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tags: Medicaid Rules
Q:

Must an IRA Inherited from Father Be Used to Pay Mother's Medicaid Bill?

I have a client whose father was a resident of Arkansas and passed away recently. The son is the beneficiary of his father's individual retirement account (IRA). His mother is in a nursing home on Medicaid, also in Arkansas. Will Medicaid come after the son for the inherited IRA assets and force the son to give up those assets to pay for the mother's care?

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tags: Medicaid Rules
Q:

What Should I Do If I Purchased Long-Term Care Insurance from a Disreputable Company?

My spouse and I purchased a long-term care policy a few years ago when we were both in our 50s. We are now both in our mid-60s, in pretty good health, and have paid premiums religiously. However, we recently did some research and have learned that the company we purchased from does not have a good reputation for paying clams or keeping track of records. Apparently, the company often requires that records be sent repeatedly while the company delays reimbursement of expenses. If/when the time comes that we need to file for benefits or a claim, should we involve an attorney in the initial claim, e.g., have the attorney forward our claims to the insurer? Would it provide any greater likelihood that we wouldn't get the run-around that so many other policyholders seem to have encountered?

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tags: Long-Term Care Insurance
Q:

Will My Mom Still Get a Penalty Period If I'm Using the Transferred Money to Pay Her Expenses?

My mother sold her home a year ago and moved into an independent living apartment. She had early stage dementia. The money from the sale of her home was put in a checking account in my name with my brothers as beneficiaries. I have been paying my mother's rent from this account. Did I make a mistake by putting the house money in an account in my name, even though I intend to use it for my mother's care? I was concerned with her poor judgment in managing her money and thought this would assure its protection. When my mom goes into assisted living, I intend to pay for her care with this money until it is gone and then apply for Medicaid. Will my mom incur a penalty period, even though all this money has been, and will be, used to pay for her care?

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tags: Medicaid Planning
Q:

Can a Medicaid Recipient Allow Someone to Live in Her House Rent-Free?

Can someone on Medicaid allow a grandchild to live in her house and not pay rent, just maintain the home?

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tags: Medicaid Rules
Q:

Do I Need a Trust If I Have No Heirs?

I recently became a widow at 61 years old. We never had children. I don't wish to leave my assets to anyone except a specific animal charity. But I want to be sure that my money will be able to take care of me if I need to go into a nursing home. Do I need a trust or should I spell it all out in my will?

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tags: Estate Planning
Q:

Can My Mom Sign a Reverse Mortgage Even Though I Have Her POA?

I just learned that my elderly mother signed a reverse mortgage while I was her agent under a durable power of attorney. Is there anything I can do?

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tags: Estate Planning
Q:

If the Community Spouse Dies Before the Medicaid Recipient, Can Medicaid Collect from the Spouse's Estate?

My father-in-law lives at home, while his wife is in a nursing home and has been approved for Medicaid (in Medicaid jargon, my father-in-law is the “community spouse”). He has recently become seriously ill and is not expected to survive his wife. His only asset is a bank account held in his name with his son (my husband). Does Medicaid have a claim to any money left after he passes?

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tags: Medicaid Rules

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