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I know that Medicaid needs a ton of supporting paperwork but we are wondering if the nursing home really needs a copy of mom's will for themselves or if it is necessary for the Medicaid application process?
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.
I would then contact Medicaid in your state and ask them the same question.
One thing I'm thinking of is that the NH (and Medicaid) want insight into what assets are available, which could be inferred but not conclusively derived from a Will. I suppose they would be looking for financial asses as well a property assets.
Others here are more knowledgeable about Medicaid; usually after dinner hours brings out more posters so hopefully you'll get a more precise response then. I'm not that familiar with Medicaid requirements, and they do vary by state.
I am thinking though that a Will provides more personal information as to heirs than I would feel comfortable sharing with strangers, but that's just my opinion.
We had to supply a TON of stuff for Medicaid, bank records, Will, deeds and vehicle titles. Very detailed, lots of stuff to sign. ALWAYS write "POA" after your signature. ALWAYS get copies of all documents.
I'd suggest you clearly find out IF in fact your state Medicaid requires submission of an applicants will.
Or if it more that this NH is wanting to find up who heirs will likely be and who unpaid bills could be sent to.
You are not required to do a will. People die all the time without ever doing a will, they are considered to have died "iintestate". Often family don't even know if there was a will ever done. Or even if it was done if it is a valid will that can be proved to enter for probate.
I can see requiring income & assets, trust documents (so to determine if the assets within the trust are revocable or irrevocable and if they are medicaid complaint), property ownership info & valuation, insurance (to establish if there is a cash value as that is an asset) all being needed for medicaid application as they all are use to determine whether they are "at need" for Medicaid....but to me a will should not have to be provided. My mom did not have to submit her will for her TX NH Medicaid application.
By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
I agree that:
A.
I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
B.
APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
F.
You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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
One thing I'm thinking of is that the NH (and Medicaid) want insight into what assets are available, which could be inferred but not conclusively derived from a Will. I suppose they would be looking for financial asses as well a property assets.
Others here are more knowledgeable about Medicaid; usually after dinner hours brings out more posters so hopefully you'll get a more precise response then. I'm not that familiar with Medicaid requirements, and they do vary by state.
I am thinking though that a Will provides more personal information as to heirs than I would feel comfortable sharing with strangers, but that's just my opinion.
Or if it more that this NH is wanting to find up who heirs will likely be and who unpaid bills could be sent to.
You are not required to do a will. People die all the time without ever doing a will, they are considered to have died "iintestate". Often family don't even know if there was a will ever done. Or even if it was done if it is a valid will that can be proved to enter for probate.
I can see requiring income & assets, trust documents (so to determine if the assets within the trust are revocable or irrevocable and if they are medicaid complaint), property ownership info & valuation, insurance (to establish if there is a cash value as that is an asset) all being needed for medicaid application as they all are use to determine whether they are "at need" for Medicaid....but to me a will should not have to be provided. My mom did not have to submit her will for her TX NH Medicaid application.