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I think it depends on how much in assets your mother has. If she owns a home and has significant money in the bank, it might be advisable to pay the lawyer. If she doesn't own anything, but has a decent amount of money in the bank, you are probably better off having her just spend that money at the nursing home while you apply for Medicaid. The nursing home will help you with that, no need for a lawyer. If she has little in assets it will be an easy transition to Medicaid.
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Trusts do not keep Medicaid away from assets. Establishing one now would be considered gifting and subject to Medicaid penalties.
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My mother was was admitted to a nursing home/ rehab initially for rehab after the hospital from 2 strokes and partial hip replacement from a fall. When it became apparent that she was not able to return to our house after the 21 days paid for by Medicare, the nursing home advised me getting Medicaid for her. In fact, they had a company that walked me through the process and helped us for free.

If you have a nursing home in mind, go talk to admissions and they will help you or refer you to someone to help you. If your family member has assets over $2000 in the bank, an elder care attorney will have to help you make the right choices so that all your mom's money is not paid to the home. Trusts, I believe, can be set up to help keep her money in the family. $6,000 seems excessive! I would call other elder care attorneys and ask for a consultation. My mother did not have this amount by the time she was admitted, so it was an easier process.

I hope this helps a little.
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worriedinCali Jun 2019
Her money is to be used for her care. If she needs Medicaid now, then a trust set up now (or within the 5 year look-back) will affect her eligibility, she will have to self-pay for memory care/long term care. Medicaid is not here so that we can all keep our money “in the family” while receiving care on the tax payers dollar.
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The social worker at the nursing home will help. That $6,000.00 fee would be mom's responsibility and an eligible spend down of assets.
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