Jane1957 Asked August 2013
How does my father qualify for Medicaid?
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As of 11/08 my father's assets were legally transferred out of his name and put into his 3 children's names. My father is now in a private pay nsg. home. which averages 7,000 per mo. He receives 133./ SS, 1.732 / VA, and 2,921/ PERA ( which totals 4,550 month ) My question is will he "ever" qualify for Medicaid? His 3 children are beginning to liquidate his properties ( that were put in our name- 11/08 ) to pay for the additional cost of his nsg. home bill. A second question, What if 2 of the 3 children have already spent the "inheritance" that was put into their names on 11/08? Basically, what resources do we use to make up the difference in what my father receives monthly and the cost of the nursing home?
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I hope the NH he is private paying also takes Medicaid, so ask about that and go ahead an have dad placed on the Medicaid bed waiting list now.
MILLER TRUST -- Now I think your dad can do a Miller Trust to offset the additional income he gets each month and qualify for Medicaid to pay for his NH. Google Miller Trust and your state to see if so. Miller is also called a Qualified Income / Benefit Trust and has to be done by an experienced attorney. NOT A DIY project, really truly.
This is how Miller works:
mom get's 800 SS; 1,500 federal retirement; 1,000 annuity. Mom's income is 3,300.00 a month. No matter what mom does, she makes 3,300.00 a month. Now mom does not have any assets (no house, no car, no savings and only a prepaid no cash value funeral & burial policy). But an income of $ 3,300.00. Mom lives in Texas and TX Medicaid has an income ceiling of $ 2,094.00 a month (this varies by state so you need to find out what your dad's is). So mom is $ 1,206.00 over in income each month. That $ 1,206 is what funds Miller Trust each month &... VOILA! Presto! & no surprise! mom now qualifies for Medicaid as her income is at 2,094.00. Understand?
Miller has to be done by an elder care attorney who knows how to do this to be flexible (like SS goes up by 5.00 dollars & you don't want to have to redo a whole new trust) and adaptable & meet the requirements of Medicaid for your state. The $ in the Miller Trust 100% reverts to the state upon their death to reinburse the state for what Medicaid paid for their care. Family does not get a penny of Miller. But NH is paid by Medicaid. Good luck.