Can we protect parent's assets when starting the process of applying for Medicaid?

Applying for Medicaid for a single (that is, unmarried) person is pretty straight-forward. My sister managed to do it for our mother.

Applying for Medicaid for a person who is married and whose partner will become the "community spouse" (person not living in a care center) is far more complicated. I felt I needed a lawyer. Applying for both spouses? Yikes! I have no idea.

Medicaid rules attempt to not leave the community spouse impoverished. Therefore the asset limits for a married person is quite a bit different than for a single person. Reassure your dad on this point. (When you say for mom and dad, do you mean both of them need Medicaid?)

The HICAP program that Sendhelp mentions operates in California. Research whether your state has anything similar. Start by contacting your Area Agency on Aging.

Decades ago anodized aluminum cake pans had labels that claimed they were "dishwasher safe." Well yes, they won't rust. Aluminum doesn't rust. What they didn't mention is that they will discolor and look blotchy. I think the claim that you don't need an attorney to help you through some of these applications is like those old labels. Yes, you can legally do it yourself, but you might not be happy with the results.

(I collect novelty shaped cake pans -- Mickey Mouse, a Lemon Tree, etc -- and I am very familiar with the discoloration from dishwashers. That's why I chose that for an example.)

I'll address only the cost of the (first?) meeting. What will you get for $450? That could be about the cost of a 2 hour meeting, depending on the level of experience of the attorney or the cost of an hour meeting if you're meeting with a partner in a law firm. But it also depends on your area; rates are much higher in big cities, such as NYC or DC.

I doubt it would include preparation, filing and follow-through with Medicaid. That's an issue that should be clarified.

I don't have any experience with Medicaid, so I can't offer any other input, but there are plenty of people here who do have Medicaid experience and I'm sure they'll post tomorrow - postings seem to be higher in the mornings.

Racetrac - although financials are important, please pls pls keep In mind that Medicaid is a 2 part “at need” program; they both will each have to clearly show to be medically at need for the specific Medicaid program applied for in addition to financially qualifying for a specific program. Can they qualify medically???

So what are you thinking that Medicaid will provide for your parents?
& is this realistic for what Medicaid has in programs your state?

You can research on your own but a good elder law atty will know the minutiae of details for how Medicaid reviews applications in your state AS WELL as dealing with how to do a spend-down or restructure financials to be totally Medicaid compliant. If the atty you are meeting with just deal with financial, I’d look for another & probably look from those NAELA certified.

I would suggest that before the atty meeting you find out what each of your parents health history is in detail. & if the goal is about getting both of them into a NH in tandem, will their primary MD write orders for skilled nursing care needed with the ICD-10 codes to show need and with a fat health chart to support & document that skilled nursing needed?    Some states are now doing a required pre-admission review for any infacility Medicaid & for those coming in from living at home clearing the review now will not be easy. (I moved my mom in TX from IL to a NH and without an AL stay in between in 2011, & now with TX requiring PRHHS there would be no way she’d ever show the level of need now to qualify for 2017 requirements.) Most NH admits are coming from a hospitalization & discharged to a facility for “rehab” under the mediCARE post hospitalization rehab benefit (usually 21 days but could go to 100) BUT then are found to need to stay in the NH so then apply for Medicaid to start coverage after Medicare stops. I’d ask the atty what the eligibility review is like for Medicaid for your state and if your folks as they are now would both be qualify.

Both medical & financial important for Medicaid.

If it’s such that they both qualify medically for skilled nursing care a NH, the Medicaid financial rules are pretty narrow.... usually 3k in assets, a (1) car, a home. That land would more than likely be a non-exempt asset & need to be sold at FMV with proceeds used in spend down.

Also please keep in mind that once on NH Medicaid all their monthly income - such as SS - will need to be paid to the facility as the required copay or SOC (share of cost) less a smallish personal needs allowance. PNA varies by state from $ 35 - $115 a mo. Realistically if both in a NH & they continue to keep their home & car, there will not be any $$$ ever again to pay for home / car expenses (like taxes, insurance, upkeep). Often the caregiver is living with parents at their home & providing care for free & without compensation & finds themselves unable to really cover property costs, living expenses...... If this is you, pls address this issue with the atty as to how to deal with property costs, the caregiver exemption for estate recovery & caregiver contract till they go into a NH. If your parents home ownership & their income is what is keeping a roof over your head & you cannot cover costs on your own, you may need to rethink NH move and instead look at in the community waiver programs such as PACE. 

40k in assets is pretty modest sum. Preneed funeral & burial could be 16k-20k. If atty fees run 5k per parent, that leaves very little $$ to actually have to spend down & maybe could be all used for property costs. Let us know what’s what & good luck.

When it comes to Social Security, SSI, Medicare, and Medicaid applications, these agencies all claim that one does not need an attorney to go through the process of applying.
Contact HICAP (Health insurance and Counseling Advocacy Program).

Thank you. And yes both of my parents need medicaid. Dad is very weak with CHF and COPD and mom has dementia that is worsening. It is becoming to much on me as a care giver. They deserve more help then I can provide.

Igloo.....thank you for your reply. To try and answer some of your questions, I believe that they can both remain in the home at this point with proper care. I have been living in the home with them for 5 years taking care of them. The amount of care they require is growing as time goes on. That being said I probably cannot afford to keep the house going if they were to both be in a NH. IT would be close. And I may be able to pull it off, but yes it is basically my only home and I have no where else to go should they end up in a NH. I will be adressing these issues with the attorney during our meeting.

Ok then so they have the funds to pay as they’ve already done so. Find those bills as they can be used by the atty to establish what is realistic care needs for your folks & solidly determined by others in the past. If it were me, I’d set your payment for a lesser amount as you, as the dutiful daughter, want to do what you can to s...t..r..e..t..c..h out their $.

Sissy, geez..... that is going to be it’s own drama.

If your dpoa and named executor for each of them, with Sissy left out totally, it should lessen the drama as your in control. Get their legal all updated to have this done. If folks insist to leave everything as per their will 50/50 between you & Sissy & it kinda needs to stay this way for family peace, I’d let it happen. Ask the atty about who they do probate referrals with as probate probably is how you are going to successfully deal with her.

Also folks need to have bank accounts to you as POD. Pay on death to you as your the dpoa & will be executor. Not Sissy.

I am actually the dutiful son lol Thank you for the information I will be bringing up these issues with attorney. I try to include my sister in these decisions, and invited her to the meeting. I mean she does care somewhat. And its not my job to try and decide for my parents what their will should say. It just bothers me that someone who is basically no help at all, and gets a free ride will in the end be treated the same as me who has been bearing all the burden these past few years.

Wait if it ends up in probate wouldnt they just give everything to medicaid estate recovery if the end up on medicaid that is? Another thing about sis, she would like to see them put in a NH because she doesnt want to deal with it. She thinks in home care is invasive? Its not even her house! Just a sample of what I deal with

Dutiful, MERP has all sorts of exemptions and exclusions plus a cost-benefit determination. Probate imho can actually be your friend imo if your a very organized executor with probate atty who understands estate recovery and property is either very lower value OR very high value (like right about at the edge of your states Medicaid allowed property value) and your state views unsecured &/or nonexecutor claims / debts against the estate as not priority payment or lower on the level of claim list. Like for TX, it’s a Level of Claim by Class for probate; MERP is a Class 7 claim; CC Class 8. All those in class 1- 6 paid priority before 7. So recovery rates lower than in a state where all claims equal for probate asset distribution. 
But not everybody named executor is cut out for the pitbullie OCD needed &/or has the purse or wallet to stay in probate if time is needed. Or they are just too still grieving or too exhausted to deal with probate.  Those “we buy houses” flippers will relentlessly contact executor (all on file all public records) to buy assets of the estate for a song and it happens as Sissy or Bro executor is beyond over dealing with “estate”.
Let us know what options the attys suggest, if you would. We all learn from each other!