John L. Roberts
Certified Elder Law Attorney
John L. Roberts, J.D., is an Elder Law Attorney serving clients in Hampden County, MA. After practicing for 15 years, he confronted the challenges of family caregiving when his own father developed dementia. The experience transformed his practice, enabling him to help clients who are family caregivers from a place of true understanding.
Show:
Articles Question
Question
Do we pay capital gains taxes on our part once the house sells?
Who is/are the Successor Trustee(s) for your Mom’s “Family Trust”? The Successor Trustee is the person(s) who will have authority to... Who is/are the Successor Trustee(s) for your Mom’s “Family Trust”? The Successor Trustee is the person(s) who will have authority to convey ownership of Trust property.
You mentioned that your Mom was the Trustee during her lifetime. Talk with an Estate Settlement Attorney and your tax accountant to review the Trust document, so you can better understand the purposes your Mom had in mind when she signed the Trust document.
If the Trust was a revocable trust (“Revocable Living Trust”) that she intended simply as a way to avoid probate, your attorney and accountant will tell you that she still owned the real estate at death, so there will be a “step up” in basis for you and the other beneficiaries of the Trust. That means (under current tax law) that you get a free pass on any capital gains on the increased value of the property.
If the Trust was Irrevocable, and the house was transferred as a “present interest” gift that your Mom gave away when she was alive, the attorney and accountant will tell you more about capital gains.
Even irrevocable trusts provide a “step up” in basis if they include clauses that fit the “Grantor Trust Rules.” The IRS considers the property owned in a Grantor Trust to be the property of the Grantor, and (for tax purposes) that would keep ownership with the Grantor right up until the time of death.
So, your liability for capital gains tax depends on the terms of the Trust. Now is the time to find out how the Trust was written, as you decide what to do with the property. see more
You mentioned that your Mom was the Trustee during her lifetime. Talk with an Estate Settlement Attorney and your tax accountant to review the Trust document, so you can better understand the purposes your Mom had in mind when she signed the Trust document.
If the Trust was a revocable trust (“Revocable Living Trust”) that she intended simply as a way to avoid probate, your attorney and accountant will tell you that she still owned the real estate at death, so there will be a “step up” in basis for you and the other beneficiaries of the Trust. That means (under current tax law) that you get a free pass on any capital gains on the increased value of the property.
If the Trust was Irrevocable, and the house was transferred as a “present interest” gift that your Mom gave away when she was alive, the attorney and accountant will tell you more about capital gains.
Even irrevocable trusts provide a “step up” in basis if they include clauses that fit the “Grantor Trust Rules.” The IRS considers the property owned in a Grantor Trust to be the property of the Grantor, and (for tax purposes) that would keep ownership with the Grantor right up until the time of death.
So, your liability for capital gains tax depends on the terms of the Trust. Now is the time to find out how the Trust was written, as you decide what to do with the property. see more
Question
If someone is receiving home health aide services; through the VA hospital, can he still apply for Medicaid as...
Yes, your step father can be reimbursed for home care he pays for out of pocket. The VA looks at monthly income. If unreimbursed medical... Yes, your step father can be reimbursed for home care he pays for out of pocket.
The VA looks at monthly income. If unreimbursed medical expenses are equal to your household income, you are entitled to the maximum Aid & Attendance benefit. If considered a medical expense, the family member could be paid for the value of some of the hours they devote to your step father.
The VA also looks at the value of "liquid assets" like cash, stocks, IRA, 401k, other tax-deferred income, bonds, mutual funds, art, coins, stamps, and collectibles. The Aid and Attendance pension regulations consider whether some or all of the claimant’s estate should be used for the claimant’s care. The VA considers:
whether the property can be readily converted into cash at no substantial sacrifice and life expectancy.
Get help with the application preparation from your town's veteran agent or a service provider that specializes in aid and attendance. Talking with an elder law attorney near your home would also be beneficial. see more
The VA looks at monthly income. If unreimbursed medical expenses are equal to your household income, you are entitled to the maximum Aid & Attendance benefit. If considered a medical expense, the family member could be paid for the value of some of the hours they devote to your step father.
The VA also looks at the value of "liquid assets" like cash, stocks, IRA, 401k, other tax-deferred income, bonds, mutual funds, art, coins, stamps, and collectibles. The Aid and Attendance pension regulations consider whether some or all of the claimant’s estate should be used for the claimant’s care. The VA considers:
whether the property can be readily converted into cash at no substantial sacrifice and life expectancy.
Get help with the application preparation from your town's veteran agent or a service provider that specializes in aid and attendance. Talking with an elder law attorney near your home would also be beneficial. see more
Question
Why would a nursing home require a full copy of a will before a patient is admitted?
Medicaid may require a copy of any Trust documents that pertain to the applicant. For example, if the applicant has created a Trust, is... Medicaid may require a copy of any Trust documents that pertain to the applicant.
For example, if the applicant has created a Trust, is acting as a Trustee, or is the Beneficiary of a Trust, this information is relevant to the review of assets that the Medicaid case worker performs when determining eligibility. I don't know why a nursing home would need a copy of Trust.
Medicaid would not need a copy of the applicant's Will to determine eligibility. Likewise, I don't know why the nursing home would need a copy of their resident's Will.
The only situation I can think of where a Will would be required for disclosure to Medicaid would be if someone else's Will created a Testamentary Trust for the benefit of the applicant. That type of Trust can be carefully written to provide an inheritance for a surviving spouse and other family members, without disqualifying the spouse from Medicaid.
An article discussing the idea is here:
https://www.agingcare.com/articles/Medicaid-vs-Inheritance-192510.htm see more
For example, if the applicant has created a Trust, is acting as a Trustee, or is the Beneficiary of a Trust, this information is relevant to the review of assets that the Medicaid case worker performs when determining eligibility. I don't know why a nursing home would need a copy of Trust.
Medicaid would not need a copy of the applicant's Will to determine eligibility. Likewise, I don't know why the nursing home would need a copy of their resident's Will.
The only situation I can think of where a Will would be required for disclosure to Medicaid would be if someone else's Will created a Testamentary Trust for the benefit of the applicant. That type of Trust can be carefully written to provide an inheritance for a surviving spouse and other family members, without disqualifying the spouse from Medicaid.
An article discussing the idea is here:
https://www.agingcare.com/articles/Medicaid-vs-Inheritance-192510.htm see more
Question
If my mom should pass away in a nursing home while waiting for medical approval, do we owe the nursing homes c...
You would be well served by talking with an elder law attorney in your state who is able to help you determine whether your mom was... You would be well served by talking with an elder law attorney in your state who is able to help you determine whether your mom was eligibility for Medicare (was she discharged from a hospital to the nursing facility?), and/or prepare the application and supporting information needed to qualify her for Medicaid coverage.
Completing the Medicaid application properly can save time and expense for you, and the nursing home business office. If your Mom was eligible for Medicaid, the nursing home can be reimbursed by Medicaid. Otherwise, assets remaining in your Mom's estate must be used to pay for the care. The elder law attorney can help you properly calculate and report any estate administration expenses that have priority in settling your Mom's estate.
Federal Medicare and Medicaid law says that family members cannot be required to sign as a “Responsible Party” for payment of nursing home care costs. 42 USC §1396r(c)(5)(A)(ii). Some facilities have asked family members to “volunteer” to act as a responsible party. The federal law says: “a nursing facility must (ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.”
To read the nursing home law:
https://www.law.cornell.edu/uscode/text/42/1396r
Scroll down to §1396r(c)(5)(A)(ii)
There are also state laws and regulations the prohibit a facility from requiring a resident to provide a third party guarantee of payment to the facility. Example from my state, Massachusetts:
http://www.mass.gov/ago/docs/regulations/940-cmr-4-00.pdf see more
Completing the Medicaid application properly can save time and expense for you, and the nursing home business office. If your Mom was eligible for Medicaid, the nursing home can be reimbursed by Medicaid. Otherwise, assets remaining in your Mom's estate must be used to pay for the care. The elder law attorney can help you properly calculate and report any estate administration expenses that have priority in settling your Mom's estate.
Federal Medicare and Medicaid law says that family members cannot be required to sign as a “Responsible Party” for payment of nursing home care costs. 42 USC §1396r(c)(5)(A)(ii). Some facilities have asked family members to “volunteer” to act as a responsible party. The federal law says: “a nursing facility must (ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.”
To read the nursing home law:
https://www.law.cornell.edu/uscode/text/42/1396r
Scroll down to §1396r(c)(5)(A)(ii)
There are also state laws and regulations the prohibit a facility from requiring a resident to provide a third party guarantee of payment to the facility. Example from my state, Massachusetts:
http://www.mass.gov/ago/docs/regulations/940-cmr-4-00.pdf see more
Question
Do I need guardianship?
Guardianship or Conservatorship becomes necessary if people in your family object to what you are doing (or not doing) for the person you... Guardianship or Conservatorship becomes necessary if people in your family object to what you are doing (or not doing) for the person you are protecting under the POA and health care document.
Guardianship or Conservatorship might also be needed when the POA or Health Care document doesn't include powers that a third party wants to see in the document.
Guardianship and Conservatorship are court proceedings that may involve filing fees, annual accountings and reviews by Court appointed special guardians.
An elder law attorney in your state can review your circumstances and documents, and explain how the procedures work in your state. see more
Guardianship or Conservatorship might also be needed when the POA or Health Care document doesn't include powers that a third party wants to see in the document.
Guardianship and Conservatorship are court proceedings that may involve filing fees, annual accountings and reviews by Court appointed special guardians.
An elder law attorney in your state can review your circumstances and documents, and explain how the procedures work in your state. see more
Question
How to gain guardianship of parent in nursing facility when stepfather has POA?
Guardianship is the path you would take if you feel called to care and manage for your mother. If the spouse assents (and there are no... Guardianship is the path you would take if you feel called to care and manage for your mother.
If the spouse assents (and there are no objections from your siblings if you have any) the way would be clear for the Court to consider your Petition for Guardianship.
If there are objections, you would have to decide whether to go forward with an adversarial proceeding.
The best way to start is with an elder law attorney in your state who could approach other family members with requests for agreement and assent, rather than controversy. see more
If the spouse assents (and there are no objections from your siblings if you have any) the way would be clear for the Court to consider your Petition for Guardianship.
If there are objections, you would have to decide whether to go forward with an adversarial proceeding.
The best way to start is with an elder law attorney in your state who could approach other family members with requests for agreement and assent, rather than controversy. see more
Question
If a person is on memory medication are they considered capable of revoking a POA and signing a new one?
There are circumstances when Power of Attorney is not adequate to protect a person's interests. People who have difficult family... There are circumstances when Power of Attorney is not adequate to protect a person's interests. People who have difficult family dynamics should consider establishing a Trust instrument. In a Trust, you give specific instructions, and place responsibility for any assets in the hands of a fiduciary (person or financial institution responsible for another person's money and property).
I know this advice about Trusts may not help in your situation, where the Power of Attorney document should be protecting a person who had expected it would be sufficient. Revoking the POA and creating a new instrument depends on whether a notary and witnesses can certify that the person is competent and knows what he is doing. Even if there are "lucid" moments, when the person is aware of the significance of what he is doing, the facts you are describing indicate there are people who would object and contest the changes.
So, your facts are heading toward Court involvement if changes are made. The best way to avoid costly litigation later might be to go to Probate Court now and petition for Conservatorship of Limited Conservatorship. The person you want to protect may even be able to assent to having the Court supervise his assets. A Conservator provides accounts to the Court and the person he is protecting.
Your first step is to talk with an attorney in your state who knows the rules and procedures, and can explain to you who is considered an interested person who is qualified to file a Petition for Conservatorship. see more
I know this advice about Trusts may not help in your situation, where the Power of Attorney document should be protecting a person who had expected it would be sufficient. Revoking the POA and creating a new instrument depends on whether a notary and witnesses can certify that the person is competent and knows what he is doing. Even if there are "lucid" moments, when the person is aware of the significance of what he is doing, the facts you are describing indicate there are people who would object and contest the changes.
So, your facts are heading toward Court involvement if changes are made. The best way to avoid costly litigation later might be to go to Probate Court now and petition for Conservatorship of Limited Conservatorship. The person you want to protect may even be able to assent to having the Court supervise his assets. A Conservator provides accounts to the Court and the person he is protecting.
Your first step is to talk with an attorney in your state who knows the rules and procedures, and can explain to you who is considered an interested person who is qualified to file a Petition for Conservatorship. see more
Question
How can I obtain a copy of my fathers Power of Attorney?
Talking with an elder law attorney in your state could give you several options to obtain the information you need, starting with low cost,... Talking with an elder law attorney in your state could give you several options to obtain the information you need, starting with low cost, conciliatory approaches, and ranging up to more expensive formal legal solutions. see more
Question
What are the legal requirements for notifying next of kin of a death?
The answer to your question depends on a number of things. Are you a fiduciary (person responsible to manage assets) named in the... The answer to your question depends on a number of things. Are you a fiduciary (person responsible to manage assets) named in the decedent's Trust or Will? Are you aware of assets that have been designated to pass to other people?
There are probate and trust laws that protect surviving relatives and require notice. The only way to be sure about your legal responsibilities is to consult an attorney in your state who will listen to your circumstances, and explain how the law and regulations apply.
Beyond the legalities, other posters have pointed out the moral and ethical duties that we have to kindred who share in our lineage. How you handle the situation will be remembered for years to come.
Some in some situations, survivors are justifiably concerned for their own safety and well being. Here again, a probate attorney can advise you. Using an intermediary, there are ways to provide notification and information to others, without putting yourself in direct contact with someone who may not want to deal with. see more
There are probate and trust laws that protect surviving relatives and require notice. The only way to be sure about your legal responsibilities is to consult an attorney in your state who will listen to your circumstances, and explain how the law and regulations apply.
Beyond the legalities, other posters have pointed out the moral and ethical duties that we have to kindred who share in our lineage. How you handle the situation will be remembered for years to come.
Some in some situations, survivors are justifiably concerned for their own safety and well being. Here again, a probate attorney can advise you. Using an intermediary, there are ways to provide notification and information to others, without putting yourself in direct contact with someone who may not want to deal with. see more
Question
For a senior (88), what will provide immediate asset protection and avoid probate?
What types of assets does the person own? Your question requires an understanding of the categories of assets. There are simple ways to... What types of assets does the person own? Your question requires an understanding of the categories of assets. There are simple ways to avoid probate of some types of assets using beneficiary designations on the account records kept by the financial institution or custodian; other asset categories (like real estate) require careful consideration. Don't try to transfer real estate without professional counsel. Let an attorney take responsibility for protecting the owner's interests.
Your question indicates an interest in asset protection. If this means protecting assets from financial predators and scammers, fiduciary services of a Trustee can establish a fire wall of protection.
If your question is asking about protecting assets from long term care expenses, you should hire an elder law attorney who understands Medicaid eligibility rules, and is committed to protect the elder's quality of life as a first priority. see more
Your question indicates an interest in asset protection. If this means protecting assets from financial predators and scammers, fiduciary services of a Trustee can establish a fire wall of protection.
If your question is asking about protecting assets from long term care expenses, you should hire an elder law attorney who understands Medicaid eligibility rules, and is committed to protect the elder's quality of life as a first priority. see more
Question
I am Beneficiary, Successor, to property left. What can I do to seal title?
Your questions cover many areas of Probate and real estate law, and you can’t get good answers until you consult with an attorney in your... Your questions cover many areas of Probate and real estate law, and you can’t get good answers until you consult with an attorney in your state who understands all the circumstances.
You say that you were given the house. How? In a Will? Trust? Life Estate Deed conveyance? You also mention that there is a 2nd mortgage and back taxes. Are you setting yourself up for financial problems by accepting ownership of the property? A careful look at the encumbrances (debts) on the real estate is required, before you make a decision about what to do next.
If the property is encumbered by substantial debt, it may not be worth it for other people to contest your ownership, if you do have claim for ownership. But you won’t know where you stand until you get professional legal advice. see more
You say that you were given the house. How? In a Will? Trust? Life Estate Deed conveyance? You also mention that there is a 2nd mortgage and back taxes. Are you setting yourself up for financial problems by accepting ownership of the property? A careful look at the encumbrances (debts) on the real estate is required, before you make a decision about what to do next.
If the property is encumbered by substantial debt, it may not be worth it for other people to contest your ownership, if you do have claim for ownership. But you won’t know where you stand until you get professional legal advice. see more
Question
As a POA, is it absolutely required that I give deadbeat siblings updates on my mother in-law?
Does the Power of Attorney document include a clause that explains who has the Right to Receive an Accounting? A well drafted POA will... Does the Power of Attorney document include a clause that explains who has the Right to Receive an Accounting? A well drafted POA will include a direction to the agent (attorney-in-fact) that says in plain English who has the right to get information, and how often.
This is another example of why everyone reading this should hire an attorney who knows and understands the client and their family members, when preparing to sign their POA. Form documents simply don’t provide the directions that are needed in many situations, such as difficult family dynamics.
In your case, you could consult an elder law attorney in your state who will review your mother-in-law’s POA, and explain the best practices for accounting for your mother-in-laws funds. If you keep good records, in a format that is easily understood, there is no reason you should be worrying about unreasonable requests from people who are not helping with care. see more
This is another example of why everyone reading this should hire an attorney who knows and understands the client and their family members, when preparing to sign their POA. Form documents simply don’t provide the directions that are needed in many situations, such as difficult family dynamics.
In your case, you could consult an elder law attorney in your state who will review your mother-in-law’s POA, and explain the best practices for accounting for your mother-in-laws funds. If you keep good records, in a format that is easily understood, there is no reason you should be worrying about unreasonable requests from people who are not helping with care. see more
Question
Does a resident family member (with POA) have to pay nursing home, when resident can't?
Families are often overwhelmed by numerous nursing home admissions documents. Rest assured that family members cannot be required to sign... Families are often overwhelmed by numerous nursing home admissions documents. Rest assured that family members cannot be required to sign as a “Responsible Party” for payment, 42 USC §1396r(c)(5)(A)(ii), although some facilities have asked family members to “volunteer” to act as a responsible party. The federal law says: “a nursing facility must (ii) not require a third party guarantee of payment to the facility as a condition of admission (or expedited admission) to, or continued stay in, the facility.”
Why do you think that: “Resident can't apply for Medicaid, until house is sold (it has a mortgage) and money is spent down.”? Who provided you with this misinformation?
Medicaid regulations allow eligibility if the applicant is taking steps toward selling the real estate. When the property is sold, the proceeds can be immediately deposited into a pooled trust account that will benefit the nursing home resident, or into a trust that benefits another disabled person. You may miss out on many options if you decide to try to go it alone through this difficult time of transition. An elder law attorney in your state can give you good advice and services that protect you and the nursing home resident.
To read the nursing home law:
https://www.law.cornell.edu/uscode/text/42/1396r
Scroll down to §1396r(c)(5)(A)(ii)
A nursing facility must have identical policies and practices for transfer, discharge, and services, regardless of source of payment. 42 U.S.C. §1396(c)(4). In my state (Massachusetts) state law prohibits nursing homes from discriminating based on a person’s source of anticipated payment. 940 CMR 4.03(1).
Medicaid reimbursements to the nursing home will probably be lower than if you privately pay, but the nursing home cannot require a resident to waive their right to Medicaid benefits.
A nursing home may be motivated to give preference to people who can pay privately, but they are not permitted to require a resident to give up the right to Medicaid benefits by requiring private payment for a time before the resident applies for Medicaid.
http://www.mass.gov/ago/docs/regulations/940-cmr-4-00.pdf see more
Why do you think that: “Resident can't apply for Medicaid, until house is sold (it has a mortgage) and money is spent down.”? Who provided you with this misinformation?
Medicaid regulations allow eligibility if the applicant is taking steps toward selling the real estate. When the property is sold, the proceeds can be immediately deposited into a pooled trust account that will benefit the nursing home resident, or into a trust that benefits another disabled person. You may miss out on many options if you decide to try to go it alone through this difficult time of transition. An elder law attorney in your state can give you good advice and services that protect you and the nursing home resident.
To read the nursing home law:
https://www.law.cornell.edu/uscode/text/42/1396r
Scroll down to §1396r(c)(5)(A)(ii)
A nursing facility must have identical policies and practices for transfer, discharge, and services, regardless of source of payment. 42 U.S.C. §1396(c)(4). In my state (Massachusetts) state law prohibits nursing homes from discriminating based on a person’s source of anticipated payment. 940 CMR 4.03(1).
Medicaid reimbursements to the nursing home will probably be lower than if you privately pay, but the nursing home cannot require a resident to waive their right to Medicaid benefits.
A nursing home may be motivated to give preference to people who can pay privately, but they are not permitted to require a resident to give up the right to Medicaid benefits by requiring private payment for a time before the resident applies for Medicaid.
http://www.mass.gov/ago/docs/regulations/940-cmr-4-00.pdf see more
Question
Can I take my husband's name off of our deed if I have a POA to make all decisions concerning the home?
Does your husband’s Power of Attorney document have a clause that allows “Self Dealing” ? This is the clause that a title examiner would... Does your husband’s Power of Attorney document have a clause that allows “Self Dealing” ? This is the clause that a title examiner would look for in the future, when you sell or transfer the real estate to someone else.
The Power of Self Dealing allows you, the attorney-in-fact, to make transactions that benefit you.
Without this Power, third parties can’t be sure that a transaction (in this case the conveyance of full ownership of the house) is not improper. They could view the conveyance of the house as a defect in title.
A person who signs a Power of Attorney document may decide they don’t want their agent (attorney-in-fact) to be able to make deals that benefit the agent. So, they intentionally don’t include a Power of Self Dealing in the document.
Your question illustrates, for everyone who is reading this, another reason to hire an attorney to draft your Power of Attorney document based on your specific needs and intentions. The attorney is trained to think of all the ways the Power of Attorney document can help you and your family.
Your case is common. The spouse of a memory loss patient who needs nursing home care must transfer the family home to their individual ownership, in order to qualify the memory loss patient for Medicaid.
In your case, you can consult an elder law attorney who knows the real estate conveyancing rules in your state. The attorney will read your husband’s power of attorney document, and determine whether it has sufficient power to do what you want it to. If you hire the attorney to handle the real estate conveyance that makes you the sole owner, the attorney will be responsible to make sure you will be able to sell or transfer the house in the future.
The attorney you hire can also provide valuable guidance on how to obtain Medicaid home care benefits, and plan for the potential need for care in a facility. see more
The Power of Self Dealing allows you, the attorney-in-fact, to make transactions that benefit you.
Without this Power, third parties can’t be sure that a transaction (in this case the conveyance of full ownership of the house) is not improper. They could view the conveyance of the house as a defect in title.
A person who signs a Power of Attorney document may decide they don’t want their agent (attorney-in-fact) to be able to make deals that benefit the agent. So, they intentionally don’t include a Power of Self Dealing in the document.
Your question illustrates, for everyone who is reading this, another reason to hire an attorney to draft your Power of Attorney document based on your specific needs and intentions. The attorney is trained to think of all the ways the Power of Attorney document can help you and your family.
Your case is common. The spouse of a memory loss patient who needs nursing home care must transfer the family home to their individual ownership, in order to qualify the memory loss patient for Medicaid.
In your case, you can consult an elder law attorney who knows the real estate conveyancing rules in your state. The attorney will read your husband’s power of attorney document, and determine whether it has sufficient power to do what you want it to. If you hire the attorney to handle the real estate conveyance that makes you the sole owner, the attorney will be responsible to make sure you will be able to sell or transfer the house in the future.
The attorney you hire can also provide valuable guidance on how to obtain Medicaid home care benefits, and plan for the potential need for care in a facility. see more
Question
How deeply do you really think that Medicaid looks into assets when determining if a person qualifies for Medi...
Anyone who does not disclose all the income and assets that are relevant to a request for benefits should be losing sleep over their... Anyone who does not disclose all the income and assets that are relevant to a request for benefits should be losing sleep over their decision.
To start with, each case worker is audited by supervisors who try to make sure that the applications are being carefully processed and properly approved.
If someone does fail to disclose the true extent of income and assets on a Medicaid application, and it gets past the case worker, the applicant can be assured that their State Medicaid agency will be swapping data with federal and state taxation agencies (IRS, state revenue departments) and other government departments. The bank and other financial institutions file annual reports on all of your accounts with the IRS and state revenue department. All this data is sifted and matched up with any public benefits payments you may be receiving.
It may take time for the data matching to detect a problem, but eventually the problem will be found.
In addition to the routine data matching programs within the state Mediciad agency, states have independent auditing departments which select and focus on certain Medicaid programs. The auditors learn to identify gaps in the application process, and follow up on applications that appear in the screens they set up to hold the Medicaid agency and the applicants accountable.
Data matching applies to all government benefits programs. If an applicant for a VA Aid & Attendance pension "forgets" to mention a bank account on an application, the account will eventually be matched to the applicant and the VA will impose an overpayment for all the money during all the months it had provided reimbursement for care.
It is unfortunate that the government must expend resources on the review and investigation of public benefits expenditures, but without these systems, more people would try to abuse the system, and there would be even less available for people who truly need the help.
We all have a duty to fully and honestly disclose the truth on applications for benefits. see more
To start with, each case worker is audited by supervisors who try to make sure that the applications are being carefully processed and properly approved.
If someone does fail to disclose the true extent of income and assets on a Medicaid application, and it gets past the case worker, the applicant can be assured that their State Medicaid agency will be swapping data with federal and state taxation agencies (IRS, state revenue departments) and other government departments. The bank and other financial institutions file annual reports on all of your accounts with the IRS and state revenue department. All this data is sifted and matched up with any public benefits payments you may be receiving.
It may take time for the data matching to detect a problem, but eventually the problem will be found.
In addition to the routine data matching programs within the state Mediciad agency, states have independent auditing departments which select and focus on certain Medicaid programs. The auditors learn to identify gaps in the application process, and follow up on applications that appear in the screens they set up to hold the Medicaid agency and the applicants accountable.
Data matching applies to all government benefits programs. If an applicant for a VA Aid & Attendance pension "forgets" to mention a bank account on an application, the account will eventually be matched to the applicant and the VA will impose an overpayment for all the money during all the months it had provided reimbursement for care.
It is unfortunate that the government must expend resources on the review and investigation of public benefits expenditures, but without these systems, more people would try to abuse the system, and there would be even less available for people who truly need the help.
We all have a duty to fully and honestly disclose the truth on applications for benefits. see more
Question
Will Medicaid count the gross rent or the net rent against my mother?
The Medicaid regulations in your state should explain how you can calculate the rental income that must be contributed to payment for your... The Medicaid regulations in your state should explain how you can calculate the rental income that must be contributed to payment for your mother's care.
In my state (Massachusetts) the regulations explain that (C) Rental Income is reduced by allowable business expenses:
"(1) Allowable business expenses from rental income include carrying charges, cost of fuel and utilities provided to tenants, and any maintenance and repair costs."
Property taxes would be a carrying charge.
You would benefit by consulting an elder law attorney in your local area who can help you plan for continued eligibility, and the reporting requirements in your state. see more
In my state (Massachusetts) the regulations explain that (C) Rental Income is reduced by allowable business expenses:
"(1) Allowable business expenses from rental income include carrying charges, cost of fuel and utilities provided to tenants, and any maintenance and repair costs."
Property taxes would be a carrying charge.
You would benefit by consulting an elder law attorney in your local area who can help you plan for continued eligibility, and the reporting requirements in your state. see more
Question
What to do with a husband that pees all over the bathroom?
Many memory loss patients have increasing difficulty with activities of daily living. But there are ways to help with capacity for daily... Many memory loss patients have increasing difficulty with activities of daily living. But there are ways to help with capacity for daily life. Dr. Paul Raia of the Alzheimer's Association has helped people solve this problem:
"A principle of habilitative design is that we use color and textural contrast to draw attention to important features of the environment, and we camouflage or hide dangerous or distracting elements of the environment. To illustrate, I was called to a caregiver’s apartment because her husband, a mid-stage Alzheimer's patient, was urinating in a closet.
The problem as I saw it was that the couple had recently moved to a new apartment and he more often than not chose the wrong door when he felt he needed to use the bathroom. In fact, the bathroom and closet doors were adjacent to one another. By painting the bathroom door red, the color automatically drew the gentlemen’s attention and he reliably chose the correct door. However, once in the bathroom he was confronted by white walls and floor, a white sink, toilet, and bathtub. He often would urinate in the bathtub. I instructed the caregiver to purchase a red toilet seat. The problem was solved."
Dr. Raia's approach to solving these problems is important for all of us, and can have a positive effect on everything involving the case of a memory loss patient, including legal planning and how assets and resources are allocated. see more
"A principle of habilitative design is that we use color and textural contrast to draw attention to important features of the environment, and we camouflage or hide dangerous or distracting elements of the environment. To illustrate, I was called to a caregiver’s apartment because her husband, a mid-stage Alzheimer's patient, was urinating in a closet.
The problem as I saw it was that the couple had recently moved to a new apartment and he more often than not chose the wrong door when he felt he needed to use the bathroom. In fact, the bathroom and closet doors were adjacent to one another. By painting the bathroom door red, the color automatically drew the gentlemen’s attention and he reliably chose the correct door. However, once in the bathroom he was confronted by white walls and floor, a white sink, toilet, and bathtub. He often would urinate in the bathtub. I instructed the caregiver to purchase a red toilet seat. The problem was solved."
Dr. Raia's approach to solving these problems is important for all of us, and can have a positive effect on everything involving the case of a memory loss patient, including legal planning and how assets and resources are allocated. see more
Question
We are asking my wife's Mother to pay us $2000 a month to live in our home and be taking care of 24/7. Any opi...
The top response to your question by MaggieMarshall is very important. Without a Caregiver Contract, and records to verify the work that... The top response to your question by MaggieMarshall is very important. Without a Caregiver Contract, and records to verify the work that you are doing, your mother's payments to you will be questioned if your mother needs Medicaid in the future, and those transfers could disqualify her.
Ask an elder law attorney to explain all of the options. Was your father a war-time veteran? Aid & Attendance pension can reimburse the veteran's surviving spouse for care expenses, even payments to family members.
Medicaid home care programs in your state may also be available, if your mother's income and assets can be coordinated with the application process. see more
Ask an elder law attorney to explain all of the options. Was your father a war-time veteran? Aid & Attendance pension can reimburse the veteran's surviving spouse for care expenses, even payments to family members.
Medicaid home care programs in your state may also be available, if your mother's income and assets can be coordinated with the application process. see more
Question
How much does Medicaid pay for me to care for my Mom in my home?
The Medicaid program in your state may have several programs to help you and your mother. Whether you can provide sufficient care at home... The Medicaid program in your state may have several programs to help you and your mother.
Whether you can provide sufficient care at home is another question though. Consider hiring a geriatric care manager to help you prepare a care plan the would be acceptable to the facility's discharge planner, and your mother's physician.
Agingcare.com has an excellent article on: The Money Follows the Person Program. Use the search box on this page to find it.
https://www.agingcare.com/articles/The-Money-Follows-the-Person-Program-189162.htm
Other programs that are available in my state (Massachusetts) are: Adult Foster Care (AFC), Community Choices, Group Adult Foster Care (GAFC), and Personal Care Attendant Program (PCA).
There is also a form of health insurance that combines Medicare with Medicaid to offer day care and come in-home home health aid hours. It is called PACE.
Talking with an elder law attorney who knows the Medicaid programs in your state, and your local ASAP (Aging Services Access Point), could open up many doors to achieve your objectives! see more
Whether you can provide sufficient care at home is another question though. Consider hiring a geriatric care manager to help you prepare a care plan the would be acceptable to the facility's discharge planner, and your mother's physician.
Agingcare.com has an excellent article on: The Money Follows the Person Program. Use the search box on this page to find it.
https://www.agingcare.com/articles/The-Money-Follows-the-Person-Program-189162.htm
Other programs that are available in my state (Massachusetts) are: Adult Foster Care (AFC), Community Choices, Group Adult Foster Care (GAFC), and Personal Care Attendant Program (PCA).
There is also a form of health insurance that combines Medicare with Medicaid to offer day care and come in-home home health aid hours. It is called PACE.
Talking with an elder law attorney who knows the Medicaid programs in your state, and your local ASAP (Aging Services Access Point), could open up many doors to achieve your objectives! see more
Is there a difference between guardianship and conservatorship?
Guardianship or Conservatorship might also be needed when the POA or Health Care document doesn't include powers that a third party wants to see in the document.
Guardianship and Conservatorship are court proceedings that may involve filing fees, annual accountings and reviews by Court appointed special guardians.
An elder law attorney in your state can review your circumstances and documents, and explain how the procedures work in your state. see more