The Kabb Law Firm

A spouse in the community (as opposed to an institutional spouse) Can keep certain assets that are considered exempt. Exempt assets include one car and a house as well as funeral contracts. Of the non-exempt or countable assets, the community spouse is entitled to keep 1/2 of the assets up to a maximum of $126,420. There are lots of tools in the toolbox for how to help maximize any assets over and above the $126,420. Making sure not to impoverished a community spouse is one of our primary goals in any spousal representation.

Medicaid for long-term care covers three programs. First passport services are available for a senior over the age of 60 who would like to remain in their home. So long as they meet the level of care and the financial criteria Medicaid will cover up to 25 hours a week of home care meals on wheels life alert or adult day services. There is also a program where Medicaid pays for assisted living. The assisted livings must agree to accept Medicaid. Most would like you to pay privately for 1 to 2 years however once you can get Medicaid in the assisted-living Medicaid will help pay for the care and room and board. Lastly and most commonly is Medicaid pays for nursing home care. Each nursing home cover that takes Medicare also takes Medicaid. Many clients come in and ask whether a Medicaid bed will be available To which we tell them all beds are Medicaid beds.

The Aiden attendance program is the most common of the veterans’ programs and it provides a monthly reimbursement pension for a senior who can’t afford to pay for long-term care. For a single veteran, it can provide around $1900 per month for long-term care. For a married veteran, the reimbursement is even more. You must meet their financial criteria for both income and, asset limitations. However, the current asset limitation is $129,061 And so long as your income does not meet your medical needs the income requirements can’t be met. In addition to pension benefits, the veterans’ health administration has a number of options to help a senior veteran including home health care prescriptions and hearing aids.

Each person should focus mainly on having a general durable financial power of attorney as well as a health-care power of attorney. Both of those documents allow you to name a trusted person to make decisions for you in the event that you become incapacitated. Our general durable financial Power of attorney contain specific provisions that are needed when you are facing long-term care. For example: Having the power to gift money or create special Medicaid trusts is critical to being able to make plans when someone needs long-term care. The health care power of attorney is required for loved ones to speak with anyone in the healthcare setting. Not having these two documents can lead to costly guardianship proceedings. Lastly, it is important to have a Living Will which allows you to specify what your end of life decision making is. It is important to specify your wishes with regard to the disposition of your assets after death and the will is critical to having those wishes specified.

Having to place a parent in a nursing home is difficult enough without having to worry about concerns around finances. That said the Medicaid and veterans Law systems can be very complex. Don’t let them intimidate you. We can still protect assets even on the doorsteps of the nursing home utilizing the restricted Medicaid coverage law against the agency. Don’t do it alone.