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Work with someone who can set up two trusts. One for Medical and one for living expenses. There is a way to set up trusts through insurance company, or perhaps bank or Senior Law Attorney. There are limits as to how much can be paid and for what. For example, Trust might pay car payment and maintenance and $75 a month for gas.

Living expense Trust could help even pay for a trip for her to visit family, hairdresser, car, gas, as well as TP, and things food stamps won't cover.

Your Aunt should control the trust and have specific instructions for who is Trustee if she dies or is unable...and how funds can be spent.

I know this as I once worked with an insurance company that set up such trusts, usually via an annuity, for clients with children with disabilities that would require lifelong care, or assistance to obtain some Independence.

It must be disclosed, but if set up proper you may lose some benefit funds, but not all. Call around and ask about fees. Some organizions charge very little, but get the balance when your Mom passes. So do your research.

Again there is a legal way to help provide for your Mom. Perhaps part of the funds could pay for quality Long Term Care Insurance. Then Medicaid Claw Back at her death is not a big issue. You need someone with experience...so ask how many they have done for people in your Mom's situation.

Also call DHS and find out at what $ point you have to report changes to income...or others/trust paying expenses. Also max amount at which point she loses benefits.

How much is car worth? Paying it off nay put her over benefit limit. Maybe Aunt should buy it or give you $ to buy it & maintain it.

I keep max earnings calculation for extra help & food stamps on paper inside my kitchen cabinet, for easy reference.

IA states it on each renewal or benefits change. IL did not! You may need an advocate from Center on Aging or State Representative's office.

Agencies are often paranoid about fraud attempts...or don't know how to calculate without letting their computer do it. Be persistent. Do it properly.

You might lose some benefits briefly, have a spend down amount each month, using $ from trust for medical costs...and document it!!! More critical is not losing housing benefits! Hard to get those back!
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If you are paying off the car that is your mother's assett, and it is worth over $2000, that will cause you to lose Medicaid in most states, or you will have to Spend Down...pay out of pocket...an amount equal to the value of the car ( over $2k)...so pay twice.

If she sells the car to the Aunt, who insures it and let's you use it, that is ok, so long as profit off car keeps assett under $2000. Note: Selling price should be in reasonable range. Look up what a dealer would pay and print it out. Selling to family is considered "an arms length deal" and may trigger Medicaid to Claw Back...require Medicaid be paid amount of the difference between actual value and sweetheart deal to a close family member..since tax payers are still paying Mom's Medical.

Again, know the rules and follow them. Otherwise now, or when a major expense hits, like nursing home, or after her death, the Claw Back bill will come due, and you won't have $$ to pay it.
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Hi I hope I can offer assistance, but PLEASE check with the necessary US authorities. Your Mother can be gifted money no problem, however she will have to spend most of it (& keep proof that it has been sent) to retain her Social Security. My advice would be for you or your aunt to keep ownership of the money, and you can pay her expenses as needed. It is not a problem to have your bills paid by another person, it is when there is a large amount in the name of the person receiving social security etc. That is when they would would stop payments
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Lymie61 Jan 2019
I think you mean her Medicaid and or state assistance, right? The way I understand it anyway, once we reach retirement age (I think her her mom has reached that) we can collect SS benefits and Medicare benefits without loosing them based on current income. It is confusing of course and not always easy to clarify because both types of benefits can come from SS or at least are labeled that way... I just wanted to be clear here that I think we are talking about 2 things, she wouldn't loose her SS or Medicare in any case here it's her Medicaid and Assistance benefits that are dependent on assets and income, the SS is actually income here. Hope that made sense but your point is a good one.
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Pay for a consult with an attorney who specializes in elder law. You can make huge missteps here that will negatively impact you and your mother.

It's worth the couple hundred dollars to get professional advice.
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Seek out an elder law attorney.
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Merlin1 Jan 2019
I agree
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If auntie is agreeable to this is first question - there should be no problem because auntie is giving you money & through the generousity of your heart you are spending on your mom

Check about that handwritten will because that is a holographic will & does not need to be notarized or witnessed but must be 100% in the person's handwriting & not typed/printed off in any way - so check where grandfather lived what the law is & how it is written but if he had auntie on those accounts then they are hers
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Someone please stop this post... the person is asking for legal advice and should be redirected to a lawyer
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Shane1124 Jan 2019
Agree. Hoping the admins see that OP issues are not related to care giving. OP is not seeking advice on any hands on care issues only financial.
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Please stop this post, as Merlin asked. The OP asks no questions on caregiving only financial issues of which he has received plenty of answers. A majority of answers have been to see an attorney. That is what he needs. Just as we are not medical professionals who diagnose on this forum, we are not attorneys and shouldn’t be giving out free legal advice.

Not once has OP asked a question about his mother’s health needs or sought info about hands on care or coping with living with an elderly person.

His mother is 65 & lives independently. 65 is hardly elderly, IMO.
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Lymie61 Jan 2019
I'm not sure it's fair to base his mothers needs on her age, I have seen people here asking questions who are caring for spouses in their late 50's-60's, unfortunately some medical issues and certainly cognitive issues aren't limited to people over a certain age. I also have to take some exception to the stance that because this doesn't deal with a particular medical or "health" need it somehow doesn't belong here. I have often seen questions relating solely to Medicaid guidelines, qualification etc, I have also seen several simply dealing with family financial feuds and dynamics and personally I can attest that the financial side both medical and housing/living expenses can be a very stressful, confusing and time consuming as well as a big part of caring for our elders. This is one of the places I would come to collect info, experiences and suggestions for much of that stuff. It has been my understanding that this is a place to go for all of those things relating to any piece of the dynamic that is caring for a LO as well as a safe place to just share and vent, this post/question is listed or tagged under 'Caregiver Forum', 'Elder Law' and 'Questions' which seem the most appropriate categories to me and broad enough to include financial and Medicaid questions, I haven't looked at all the available categories so maybe I'm wrong but I don't see where the OP has done anything wrong here by asking the question and it seems to me we should support and welcome everyone unless of course they are being abusive to others (which I don't see in this question), we all have the option to skip over any question, not engage on a subject or politely offer a contrary view but we shouldn't be discouraging anyone who is legitimately looking for help from trying to find that here.
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I thought when we went to the "new" AC moderaters were going stop posts being posted to that went into the thousand replies Wish there was a button to ask that a post be stopped.
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WHY EVEN ASK THIS QUESTION? I WOULD DELETE THIS SO YOU HAVE NO EVIDENCE THIS WAS FOR "MOM." YOUR AUNT IS GIFTING "YOU" $80K PERIOD, MOM IS NOT GETTING ANYTHING. YOU CAN NOW HELP MOM PAY OFF HER SMALL DEBT. BUT YEAH DON'T EVEN BRING UP MOM'S NAME, THIS IS A GIFT FOR YOU FROM YOUR AUNT PERIOD.... DON'T PUT ANY IN MOM'S ACCOUNT JUST OPEN A SEPERATE ONE IF YOU NEED TO KEEP TRACK. GOOD LUCK AND REMEMBER THIS SITE IS FOR HELPING OUR LOVED ONE'S NOT FINANCIAL SERVICES, JUST SO YOU KNOW FOR THE FUTURE.
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