Mom has pension and SS taking her over budget for community Medicaid. Given an option for a trust and give invoices for bills.
Mom lives with one dgt and grandson who both work and need assistance to stay with her during the day. We are trying to keep home if possible.
- Miller Trust
or a
- pooled income trust.
High income is very real LTC Medicaid problem as a lot of folks over the $2742 individual income max that most States have set for “at need”. Lots of retirees getting max SSA retirement which is abt $3,600.
It is exactly as Geaton posted on being specific to your State as to what can be done. Medicaid is administered uniquely by each State but under overall federal guidelines.
Out of curiosity, is she RRRB? And that seems to be the issue as nobody seems to understand it? We had that in my hubs family, railroad is a slightly different creature to deal with.
Regarding her creating a PoA, you will need to either take her to an elder law attorney who will interview her to determine capacity to create such a document. If so, then she can proceed to create it and finalize it.
The other option is to download a PoA document from a trusted source like Legalzoom.com or Rocketlawyer.com. It is much less expensive and they have lawyers to confer with through the process (online). You will still need to finalize the document per what her state requires (usually having it notarized in front of 2 non-family witnesses). Make sure to make 2 original copies: one for your Mom and one for the PoA. This is how my own Mom created her DPoA, but I only recommend it if there is no possibility of someone contesting the PoA. My Mom is single and I'm an only child, so it works in her case.
You need to know her state's specific regs for Medicaid qualification. Is the trust a pooled income trust?