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Can I protect a life insurance policy that my father got from his brother after my father was already in a long term care facility? He does reside in a facility in Pennsylvania.
The insurer will likely issue your dad a 1099 Misc for the amount paid. IRS gets it and if your state does a state / fed matchup the $ will surface. Also within his Medicaid application should be some sort of statement that any change in income or assets must be reported to Medicaid in a timely manner. & what type of penalty placed for not doing this.
What to do? Well imho it’s gonna depend on the amount of $. If it’s kinda low..... 5k - 20/25k, you as his DPOA probably can find legit ways to spend down the $ within 30-45 days & likely ok. Like doing a fully paid preneed that Jo Ann mentioned. That & dental work, new glasses, hearing aids, updating legal if needed and a fancy wheelchair and presto! $$ gone, and gone within 2-4 weeks. But if it’s more than 20/25k and this has gone past couple of months, there's going to be a private pay spend down needed and only once the $ is spent legitimately can he reapply for LTC Medicaid; and you may have penalty for not being in compliance with Medicaid regulations. If this is the scenario, I’d suggest that you as his DPOA schedule an appointment with a elder law atty that does Medicaid ASAP; I’d be wanting clear legal info as to if the insurance beneficiary windfall is dads to do a spend down (he private pays the NH) OR if there’s other legit options for the $, AND if his state will require reimbursement to date for costs of care paid by Medicaid (clawback from his assets). I just don’t see this as a DIY, too many moving parts. He has beneficiary $ to pay for this.
********** On Pittas, to me, it’s a fear fueled boogie man story. Our elders aren’t going to be an early 60’s mom, who is a Greek citizen with hubs still there, who had an accident in the US, hospitalized, and then to rehab creating a 80k rehab bill, who flys back to Europe. Opa! Ours are going to be past 65, getting SS $ or other US based retirement income, have mediCARE paying for a good bit of hospitalization & rehab, some sort of secondary insurance to MediCARE and then applying for LTC Medicaid if need be. Thetes gonna be $ and insurance. We’re going to deal with whatever auto insurance/ lawsuit for them. Elder will physically be here to apply for programs, or do depositions, or show up in court, etc.
You know, the case first went to arbitration, and Pittas won. The rehab - part of a large chain - opted to file a lawsuit and not accept arbitration. I think his lawyer did not do a great job.... perhaps thinking we won before so no worries no need to file new details.... well it was a before a judge only case and judge ruled in corporation favor. Pittas could have enjoined his 2 siblings in the case but didn’t. If he had, it would have been a 3 way split for the judgement.
No u cannot protect the policy if he is already in a NH especially if on Medicaid. Medicaid will need to stop and the insurance money spent down. If u haven't already, you can prepay his funeral. This helps with the spend down and if private paying. If his is private paying, it needs to go to his care. If on Medicaid, you need to contact his caseworker.
The Filial laws are rarely enforced. They are laws before Medicaid. The ability of the children to pay is looked at. The case that is usually referenced is of a woman visiting her son and ends up in rehab for months. She was a non-citizen and returned to her homeland leaving a dept of 80k to the NH. The son was sued and had to pay the 80k. I feel the woman returned home thinking she could get out of the debt.
In the Pittas case, the mother was in an accident, and the judge commented that the son was not forthcoming in depositions. I inferred from that there was insurance money involved that had not been accounted for. Bad facts, not applicable to most people
? Do you mean dad was the beneficiary of the policy and brother passed away? Are you concerned because dad is on medicaid? Dad's resources must be used for dad's care.
IF i remember correctly, Pennsylvania is a filial responsibility state. Meaning the state could hold you financially responsible for the cost of dad's care.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
Also within his Medicaid application should be some sort of statement that any change in income or assets must be reported to Medicaid in a timely manner. & what type of penalty placed for not doing this.
What to do? Well imho it’s gonna depend on the amount of $.
If it’s kinda low..... 5k - 20/25k, you as his DPOA probably can find legit ways to spend down the $ within 30-45 days & likely ok. Like doing a fully paid preneed that Jo Ann mentioned. That & dental work, new glasses, hearing aids, updating legal if needed and a fancy wheelchair and presto! $$ gone, and gone within 2-4 weeks.
But if it’s more than 20/25k and this has gone past couple of months, there's going to be a private pay spend down needed and only once the $ is spent legitimately can he reapply for LTC Medicaid; and you may have penalty for not being in compliance with Medicaid regulations. If this is the scenario, I’d suggest that you as his DPOA schedule an appointment with a elder law atty that does Medicaid ASAP; I’d be wanting clear legal info as to if the insurance beneficiary windfall is dads to do a spend down (he private pays the NH) OR if there’s other legit options for the $, AND if his state will require reimbursement to date for costs of care paid by Medicaid (clawback from his assets). I just don’t see this as a DIY, too many moving parts. He has beneficiary $ to pay for this.
**********
On Pittas, to me, it’s a fear fueled boogie man story. Our elders aren’t going to be an early 60’s mom, who is a Greek citizen with hubs still there, who had an accident in the US, hospitalized, and then to rehab creating a 80k rehab bill, who flys back to Europe. Opa! Ours are going to be past 65, getting SS $ or other US based retirement income, have mediCARE paying for a good bit of hospitalization & rehab, some sort of secondary insurance to MediCARE and then applying for LTC Medicaid if need be. Thetes gonna be $ and insurance. We’re going to deal with whatever auto insurance/ lawsuit for them. Elder will physically be here to apply for programs, or do depositions, or show up in court, etc.
You know, the case first went to arbitration, and Pittas won. The rehab - part of a large chain - opted to file a lawsuit and not accept arbitration. I think his lawyer did not do a great job.... perhaps thinking we won before so no worries no need to file new details.... well it was a before a judge only case and judge ruled in corporation favor. Pittas could have enjoined his 2 siblings in the case but didn’t. If he had, it would have been a 3 way split for the judgement.
The Filial laws are rarely enforced. They are laws before Medicaid. The ability of the children to pay is looked at. The case that is usually referenced is of a woman visiting her son and ends up in rehab for months. She was a non-citizen and returned to her homeland leaving a dept of 80k to the NH. The son was sued and had to pay the 80k. I feel the woman returned home thinking she could get out of the debt.
IF i remember correctly, Pennsylvania is a filial responsibility state. Meaning the state could hold you financially responsible for the cost of dad's care.
More information is necessary.