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Last Login: 10/28/2008 2:46:06 PM
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| Thank you Mr. Whitehouse for giving me some peace of mind about the caregiver agreement (not caretaker agreement). My lawyer drew it up to show how much assisted living would be and how many thousands of dollars per month we are saving the government. So she did a lot of research for the document. Honestly, I am happy to give my brothers $1500 a month max. She has a home in a life estate and the taxes and other expenses are being drawn from her account so I want to have enough money for the house for the next few years and don't want to drain all her money right now. I actually take days off from work myself and take her to medical appointments and I am POA in charge of all finances and I do not charge my mom anything for those services. This is my mom and she did all of that for me when I was a child. I know my lawyer did an excellent job and I was worried when Joseph mentioned it was refused by Medicaid. That is why is responded - the fear of the future and what may happen. Mom doesn't know anyone now, and is still functional, and I know this arrangement will not last too much longer. If I may ask you another question: I keep a record of all of monthly checking statements with backup receipts for all her needs and sometimes I need to withdraw other expenses like cash if I take her out to dinner or lunch. How can I do that without being scrutinized? Can I withdraw about $100 a month for miscellaneous expenses with no problem? Thanks again Mr. Whitehouse
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Last Login: 10/23/2008 2:39:22 PM
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My caretaker contract that my eldercare lawyer created says: Lump Sum Payment It is stipulated that the provider shall receive a lump sum of $60,000. (My dad's portion of the life estate as per the life expectancy table; is a little under $60,000) The contract is 4 pages long. It says that he will pay us $20 per hour 20 hours per week.
Can you do a lump sum payment? Can you prepay on a life estate? My dad lived in our new house for 1 year 4 months. Our medicaid caseworker says no you cant. She also told me a week before; that you can't do a Life Estate. After I quoted the DRA of 2005 to them; a week later I was told that the life estate is legal.
1 year 4 months = 16 Months = 64 weeks - 1 week = 63 Weeks
$20 x 20 hours = $400 per week
$400 x 63 weeks = $25,200
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| Hi Joseph, My contract is titled "Caregiver Contract" and is about 20 pages long and I pay per month, not a lump sum. Maybe that is the difference. I also have a life estate which was done in 2004. I hope Mr. Whitehouse can help you with your question. I understand how stressful this can be - we love and want to help our parents through thick and thin and we run into obstacles that cause anxiety and aggravation. There are so many complications in getting medicaid and thinking about it can make me worry more about that than the health of my mom. Wishing you the best, MaryAnn
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| My first advice is always to go back to the elder law attorney you used in the first place to answer your questions. That said, the transaction you described sounds like it will pass muster. The only question is the amount that your father paid for his share of the new house, whether it reflects the value of his share of the house. As you indicate, his interest is based on his age and tables reflecting his actuarial life expectancy. I would assume that your attorney referred to these tables in structuring the plan to begin with and that you are in good shape.
Harry S. Margolis
ElderLawAnswers
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Thanks for the reply. My lawyer did review the tables to get the amount. They told me that the caretaker contract is "Gray Law". They told me that they couldn't guarantee that the caretaker contract would work. It was just a attempt.
Has anybody else use a caretaker contact with a lump sum and have Medicaid accept it? especially in NJ?
Harry: What do you mean by "like it will pass muster"?
Thanks for the help!
Joe
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Last Login: 11/8/2008 10:15:26 AM
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| I live in Michigan and am residing in my mother's home as her caretaker. She has Alzheimers and is progressing to the point where I am considering a nursing home. I have been here 2 years taking care of her. She goes to a daycare while I am at work. The house is in my brother and my names with her able to live in it until she passes. We have a power of atty for healthcare and other decisions, she has a funeral contract that we purchased out of her funds to make her eligible for Medicaid. I have had one phone conversation with the caseworker. She told me in Sept. that mom is eligible for Medicaid with a spend down case but I have not received any paperwork and do not know what the spend down amount is. I have made several calls to the office with no response - since September. How do I get answers re her Medicaid? Also, if and when we sell the house will Medicaid try to collect? I have a signed Home Health Care Contract but it is general and does not list any amounts. As I read this page I am wondering what to do next? At this time we spend her SS check each month to cover the daycare. She has no other income or assets. Any reply will be appreciated.
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| Reply to smithcl: I work in KY and Medicaid policies can sometimes vary from state to state. Having said that, let me generally point out some relevant issues in your post. First, you may have had a phone conversation with someone at the Medicaid office but you will get nowhere until you actually file an application. Then they will have to act on the application. Unless there is more to it, the stated transfer of your mother's home to you and your brother is likely (to Medicaid) a prohibited transfer and if caught within the lookback period the transfer will keep your mother off of Medicaid even if she is eligible in all other respects. Because your signed care contract is general and does not list amounts (and probably a lot of other important details) it is likely useless for Medicaid purposes. Two aspects of Federal Medicaid policy you need to be aware of: 1. A prohibited transfer may be "cured" by returning the asset(s). 2. There is an allowable transfer of the homestead to a "caretaker child" who resided with a parent and provided care to the parent for at least two years in order to keep the parent out of a nursing home. Without knowing additional info regarding the circumstances and without knowing the particulars of your state's Medicaid program, I don't know if any other and/or better options exist. But...., I can tell you that is seems possible to transfer the home back to your mother to cure the prohibited transfer made when she gave it to you and your brother, and then, assuming you meet criteria of a caretaker child, she can transfer the home to you (only, not to both you and your brother). And although it may be a moot point now, with regard to your question about Medicaid wanting sale proceeds if you sell the home, the home is in your and your brother's name at this time so Medicaid won't and can't come after your assets. Medicaid will only consider your mother's resources and actions--meaning they could penalize her for making a prohibited transfer(s) but whatever you may do with an asset your mother transferred to you is none of their business. I hope this helps. And I hope you meet with a consultant or elder law attorney that does Medicaid planning in your state. Joe Whitehouse, Louisville, KY.
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Hello every one!Good happiness and have a good day to you.I'm new member in here.Hope I can learn more from this forums :-D
lovely woman
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