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Old 03-29-2021, 09:18 AM
 
3,805 posts, read 6,354,462 times
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Mom has worsening dementia and has become a danger to herself and my brother she lives with. She has no threatening physical ailments that would hospitalize her. Medicare requires two consecutive nights in a hospital before they'll refer her to a nursing home.


She needs 24 hour care and oversight my brother just can't provide. She need to be in a home.


We are not wealthy and cannot afford the out-of-pocket expense.


Anybody know of legal work arounds?
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Old 03-29-2021, 09:48 AM
 
Location: Southwest Washington State
30,585 posts, read 25,144,036 times
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Quote:
Originally Posted by sayulita View Post
Mom has worsening dementia and has become a danger to herself and my brother she lives with. She has no threatening physical ailments that would hospitalize her. Medicare requires two consecutive nights in a hospital before they'll refer her to a nursing home.


She needs 24 hour care and oversight my brother just can't provide. She need to be in a home.


We are not wealthy and cannot afford the out-of-pocket expense.


Anybody know of legal work arounds?
She might qualify for Medicaid financed care in an ALF or LTC. You can find help through your local office of the state department of Elder Affairs or equivalent. This is a hard road. While she might qualify for Medicaid, finding a good facility that accepts Medicaid patients will require diligence. Many of these are sub par.

Every state has special requirements for these, and they are often under inspected. But they are the probably the best option.

Medicare does not fund long term care. Medicaid does fund long term care for elders who have limited funds. There are rules. You need a social worker who knows the ropes in your state. The local dept of aging office is a good place to start. However, ALFs and LTCs also employ social workers who will know whether your mother can qualify for Medicaid.

ALF = Assisted care facility
LTC =Long term care facility

You can also get good advice about dementia at the Alzheimers Association website. There should be a local branch in your area. https://www.alz.org/orswwa
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Old 03-29-2021, 09:51 AM
 
3,805 posts, read 6,354,462 times
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Quote:
Originally Posted by silibran View Post
She might qualify for Medicaid financed care in an ALF or LTC. You can find help through your local office of the state department of Elder Affairs or equivalent. This is a hard road. While she might qualify for Medicaid, finding a good facility that accepts Medicaid patients will require diligence. Many of these are sub par.

Every state has special requirements for these, and they are often under inspected. But they are the probably the best option.

Medicare does not fund long term care. Medicaid does fund long term care for elders who have limited funds. There are rules. You need a social worker who knows the ropes in your state. The local dept of aging office is a good place to start. However, ALFs and LTCs also employ social workers who will know whether your mother can qualify for Medicaid.

ALF = Assisted care facility
LTC =Long term care facility

You can also get good advice about dementia at the Alzheimers Association website. There should be a local branch in your area. https://www.alz.org/orswwa
Thank you!
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Old 03-29-2021, 10:26 AM
 
50,727 posts, read 36,431,973 times
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Quote:
Originally Posted by sayulita View Post
Mom has worsening dementia and has become a danger to herself and my brother she lives with. She has no threatening physical ailments that would hospitalize her. Medicare requires two consecutive nights in a hospital before they'll refer her to a nursing home.


She needs 24 hour care and oversight my brother just can't provide. She need to be in a home.


We are not wealthy and cannot afford the out-of-pocket expense.


Anybody know of legal work arounds?
Medicare will only pay for short term rehab, so even if she got admitted under Medicare at best she’d have 2-3 weeks. You need to apply for Medicaid ASAP. But it might be easier to get her into a place if she’s on rehab first. Call her doctor, sometimes they can get them admitted to the hospital. It’s possible she has a UTI if she’s recently worse, and that would be a covered stay especially if she needed IV antibiotics. Just make very sure the rehab she goes to has empty Medicaid beds in their long term care unit and will take her. Call your county department on Aging for help. Medicare does not pay for long term care though.
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Old 03-29-2021, 10:30 AM
 
3,805 posts, read 6,354,462 times
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It's my understanding that in order for Medicaid to kick it, she'd have to sell her house to qualify. My brother moved in with her in the understanding that when she passes, the house becomes his. This way, they both lose their home. Is there any way to avoid this?
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Old 03-29-2021, 10:55 AM
 
Location: Minnesota
2,609 posts, read 2,187,543 times
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Originally Posted by sayulita View Post
It's my understanding that in order for Medicaid to kick it, she'd have to sell her house to qualify. My brother moved in with her in the understanding that when she passes, the house becomes his. This way, they both lose their home. Is there any way to avoid this?
Probably not a way to avoid. If she signs over ownership to your brother they have a look back period (7 years maybe) to see if any assets were transferred. If it's a spouse that's different. The state, medicaid will not be happy if assets were transferred. The only thing you can do is check with a lawyer who specializes in elder care and assets. But I would not count on the house and assets not having a lien on them by the state. Usually the assets are liquidated and then a spend down of $ towards care until Medicaid kicks in to cover expenses, in a nutshell. It's more complicated of course but that's the basics.
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Old 03-29-2021, 12:39 PM
 
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How long has your brother lived with your mother in her home?

If he has lived there at least 2 years and was her caregiver during that time, he may have a chance to keep the house when Medicaid becomes necessary.

You really need to see an elder care attorney to get correct information about that possibility and any other qualifications in your particular state. As others have stated, local and state agencies dealing with the elderly also can be of great help (at considerably less cost unless a first attorney consultation is free).

Do your homework. No other assets can be transferred or gifted either within the look back period (usually 5 years except CA and NY) without causing some investigation.

Last edited by shamrock4; 03-29-2021 at 12:51 PM..
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Old 03-29-2021, 12:44 PM
 
3,805 posts, read 6,354,462 times
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He's only been there for 17 months. Dang! But we will check with an attorney.
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Old 03-29-2021, 03:39 PM
 
37,593 posts, read 45,966,010 times
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Quote:
Originally Posted by sayulita View Post
Mom has worsening dementia and has become a danger to herself and my brother she lives with. She has no threatening physical ailments that would hospitalize her. Medicare requires two consecutive nights in a hospital before they'll refer her to a nursing home.


She needs 24 hour care and oversight my brother just can't provide. She need to be in a home.


We are not wealthy and cannot afford the out-of-pocket expense.


Anybody know of legal work arounds?
That must be a state thing. Here is it three days/nights. But it's not a nursing home referral - it's a rehab facility that you are thinking of.
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Old 03-29-2021, 03:43 PM
 
37,593 posts, read 45,966,010 times
Reputation: 57147
Quote:
Originally Posted by sayulita View Post
It's my understanding that in order for Medicaid to kick it, she'd have to sell her house to qualify. My brother moved in with her in the understanding that when she passes, the house becomes his. This way, they both lose their home. Is there any way to avoid this?

https://www.agingcare.com/articles/e...20care%20costs.

If an adult child lived in the Medicaid applicant’s home and cared for them for at least two consecutive years prior to the parent’s placement in a nursing home, then the home can be transferred to the caregiving child for a nominal value. This transaction is not subject to Medicaid penalties.
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