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Ed see an elder law attorney there is an amount that you as the community spouse can keep.in addition to the home, car and other things. My mom was spending down about 700k. She passed before eligible for medicaid.
Ed - it’s only your wife who is in a facility, right? If so, then you are considered the “community spouse” (CS) for Medicaid and as a CS, Medicaid does NOT require you to become impoverished. Only your wife does in order for her to be eligible for Medicaid.
But just how to do that for couples is way way WAY more complicated and imo really needs an experienced elder law atty to come up with options as to how to do the spend down needed and perhaps also change your existing legal to sidestep future problems. It’s not a DIY. In general for most states a CS can have about 119k in non exempt assets. So you could have 119k like in savings or investments plus your home & a car are exempt assets. So 160 minus 119 could mean a 41k spend down, but how to spend down best is the sticky part... you do not just have to have it go to the NH to private pay for her care (although the NH may lean on you to do just that, lol!). It could be better to instead turn in your old car (or if your like most couples you all have 2 cars so you turn in both) and use part of the 40k to buy a newer & more dependable car. Or use some of the 40 to totally buy a preened funeral & burial for the both of you.
Please try to get with an atty. as it’s not a diy and besides you are probably overwhelmed with dealing with having her in a facility and can’t focus well on other things. Atty really needs to review your existing legal too. For most couples, they have their life insurance policy set up to have each other as the beneficiary. Bad bad idea for a CS cause if you should predecease her, that insurance $ will make her ineligible for Medicaid and what Then??? Your gone so whose gonna do for her and get her though another spend down? It’s stuff like this that makes couples planning for Medicaid not a DIY. Really find a NAELA or CELA level of elder law attorney and set up an appointment. It’s a totally legit use of spend down $.
Also atty can make sure that you get the maximum CSRA (community spouse resource allowance) should you need to. CSRA to me is kinda like alimony for the community spouse..... what it does is that instead of all her monthly being paid to the NH instead a part of it is waived to go to you instead to cover your living expenses should your own monthly income not be sufficient. Atty can make sure you maximize your CSRA ability as each state sets their CSRA amount. Remember you personally do NOT have to become impoverished; only your bride needs to in order for her to be eligible for Medicaid. Good luck in the process & please remember to take time for yourself.
Oh also Ed, I’d suggest you hold off on her application till you meet with an atty. The reason why is that for couples Medicaid the state does a “snapshot day” to which your joint finances are affixed. If you need to move funds about or do other things (like move from 2 cars to 1 car - as Medicaid allows for only 1 car), you really imo want to get this stuff moved & done before Medicaid application submitted. As it will lessen eligibility glitches.
Medicaid only gives, once you file, 60 days to spend down and find a nursing home. If not done within that time, you have to reapply. In my Moms case she paid two months private pay In the nursing home we found. She paid May and June and Medicaid kicked in July. I think they recommend you not filing until 2 or 3 months before the money runs out.
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.
But just how to do that for couples is way way WAY more complicated and imo really needs an experienced elder law atty to come up with options as to how to do the spend down needed and perhaps also change your existing legal to sidestep future problems. It’s not a DIY. In general for most states a CS can have about 119k in non exempt assets. So you could have 119k like in savings or investments plus your home & a car are exempt assets. So 160 minus 119 could mean a 41k spend down, but how to spend down best is the sticky part... you do not just have to have it go to the NH to private pay for her care (although the NH may lean on you to do just that, lol!). It could be better to instead turn in your old car (or if your like most couples you all have 2 cars so you turn in both) and use part of the 40k to buy a newer & more dependable car. Or use some of the 40 to totally buy a preened funeral & burial for the both of you.
Please try to get with an atty. as it’s not a diy and besides you are probably overwhelmed with dealing with having her in a facility and can’t focus well on other things. Atty really needs to review your existing legal too. For most couples, they have their life insurance policy set up to have each other as the beneficiary. Bad bad idea for a CS cause if you should predecease her, that insurance $ will make her ineligible for Medicaid and what Then??? Your gone so whose gonna do for her and get her though another spend down? It’s stuff like this that makes couples planning for Medicaid not a DIY. Really find a NAELA or CELA level of elder law attorney and set up an appointment. It’s a totally legit use of spend down $.
Also atty can make sure that you get the maximum CSRA (community spouse resource allowance) should you need to. CSRA to me is kinda like alimony for the community spouse..... what it does is that instead of all her monthly being paid to the NH instead a part of it is waived to go to you instead to cover your living expenses should your own monthly income not be sufficient. Atty can make sure you maximize your CSRA ability as each state sets their CSRA amount. Remember you personally do NOT have to become impoverished; only your bride needs to in order for her to be eligible for Medicaid. Good luck in the process & please remember to take time for yourself.