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Hello-I have given up on the so called elder attorneys in mom's home town. I am looking for a blueprint on how to handle her accounts like ROTH IRA, bond fund, Metlife insurance with respect to Medicaid. She is still not on Medicaid after a year of DSS paperwork and I would like know if her assets can be protected for final expenses and any other expenses that may crop up. I would like to insure that she can keep as much of her hard earned money as possible. Sorry if this is a dumb question but I have wasted too much time on attorneys that are unavailable, dont understand elder law or uninterested.

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Your mother’s money and her assets are to be used for HER care now, not saved for you to inherit after the taxpayers fund her nursing home care through Medicaid. Maybe the problem is not with the attorneys but with what you are expecting them to tell you.
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Reply to MG8522
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What’s the goal? My mom used Medicaid in the nursing home after burning through her funds, including a long term care policy and being private pay. A person’s assets must be used for their care before Medicaid is used, which is fair as Medicaid is a government program for people without adequate funds for medical expenses. It’s not meant to avoid spending one’s money. You can prepay for funeral expenses with mom’s assets prior to applying for Medicaid, that’s totally allowable. I’m unclear why she needs her hard earned money if she will be like most nursing home residents and live out her life in care. Medicaid will require her assets be used before kicking in, sorry if that’s not the answer you wanted. Her house can have a lien placed on it if it’s not sold while she’s alive to pay for her care. The lien would be satisfied whenever the house is sold or transferred in MERP, Medicaid Asset Recovery Program, if there are still outstanding funds the government used in paying for her care. This isn’t the government ripping anyone off, nursing home care is incredibly expensive, and the taxpayers shouldn’t be funding it for those who have assets to use for it. Of course it’s sad and unfortunate to see our parent use money they saved over a lifetime in such a sad, heartbreaking time. Many of us have had to accept it and have gratitude that help our parent needed was available
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Reply to Daughterof1930
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If you haven't already done so, I suggest looking for an attorney who's a member of NAELA (the National Academy of Elder Law Attorneys).
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Reply to Rosered6
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kenmtb 15 hours ago
I have exhausted local "attorneys" and have been looking for quite a while. Today was the last straw.

Her situation can't be that unique. I am looking for a general plan to manage her accounts. Perhaps someone here has been in a similar situation.
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When handling my mom's accounts for things like her IRA I went to the banks. I ended up transferring all her accounts to new accounts at my bank, which was a nightmare, but I really didn't trust her bank people after many meetings with them. I looked up a lot of stuff online, such as whether or not to sell her house while she was alive. She did end up having enough in her checking account to pay for everything. By the way, the bank told me to be sure to have my name on the checking and have enough in that account to pay for final expenses and any bills still pending at her death because for some reason I wouldn't be able to get into her savings account after death. Sorry, I do not know any more about how to do it. If you have her will, you might check it for any instructions for where left over money and accounts go. There are people on here who know more, so hang in her for better advice.
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Reply to ArtistDaughter
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kenmtb 14 hours ago
She has money in checking and savings. That has been used to maintain her house and cats, pay bills and tax etc. Im not sure how long that will last. I have been managing that account while in her name. She has money in her ROTH IRA which I am trying to figure out what needs to be done so she doesn't loose it.

If there was a way, I would like to upgrade her nursing home stay to a single room or something. She is really depressed about the home and I am worried. If those funds could go to improving her stay that would be great.
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It's no wonder the attorneys are of no help. The US government has been actively seeking out Medicaid fraud, even small amounts and people are going to jail for it. People are much more careful these days about what constitutes true need. Medicaid is for those who do not have a nest egg, but need to depend upon tax money to live out their final days. You are free to use your mom's money for her care, to upgrade her room, and you can prepay for her burial. If she wants or needs something use her money and keep good records. She needs to exhaust her nest egg before tax money will cover her stay. Any gifts to family and friends or hiding of money in other accounts is a red flag. Many years before a person is in need of long term care they can set up a trust, but it is too late for that now most likely. It's time to start figuring out how her money can be used for her and how you can legally dispose of the house with the funds being put towards her care and who gets the cat. Keep good records. I have a box just for my mom's bills and check stubs going back for 2 and 1/2 years. My mom was denied Medicaid, but most likely was eligible. After that, we sold her house and car, giving her a nest egg which we have to use up for her care before we can apply again. One tip that helped me was calling around to other Medicaid offices and speaking with a variety of officials. They cannot speak directly to your situation, but they can give broad suggestions, which in our case was well worth the effort.
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Reply to JustAnon
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I have responded to several of your posts. Do you have guardianship or POA yet? Your mother is a NYS resident and it is a state that allows you to keep the house and car separately from the $33k of assets she is allowed to keep. ALL income (less $50 personal allowance) is paid to the nursing home until she is discharged or upon death. If she has any other assets over the 33k will need to be liquidated or a RMD will be established and this is included as income to be paid to nursing home.

Your mother may keep the house and the expenses will be paid from the $33k of assets in her accounts. However, expect a claw back when the house is sold. In this electronic era you can not hide anything unless your hide it in your mattress.

I am not sure of your mothers specific case or location but it really isn't difficult finding an eldercare attorney in NYS. Every county has very qualified attorneys and services to help you. Her hard earned money should be used for her care. I am from NYS and POA for my uncle in a nursing home. It was a time-consuming endeavor to spend down and gather the support needed for Medicaid but it wasn't impossible.
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Reply to AMZebbC
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You need to sit down with a Medicaid representative and find out how this all works. There is no protecting any of her assets now, your within the 5 year look back. Her Roth, bonds and insurance need to be used for her care until spent down. I am surprised that if these assets were mentioned in her Medicaid application, that you have not received a letter telling you she doesn't qualify because she has assets that can be liquidated. Who is doing the application? In my State you have 90 days to provide info needed and spend down. If not done in that 90 days, you start all over.

My Moms application went smoothly. I had already cashed in her CDs. So I spent them down. Cashed in her insurance policy, and that paid for a prepaid funeral. ( if policies are from employers or no cash in value, cannot cash in. Not sure though if Medicaid becomes beneficiary)
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Reply to JoAnn29
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