We all know someone in a nursing home. We also know that it can be
very expensive; easily three to four thousand dollars a month. At that
rate, most savings would disappear quickly. One of the ways to pay for
that nursing home care is to be eligible for federal and state
financial assistance under Medicaid (ALTCS in Arizona). That program
has been around long enough for a lot of people to think they know
enough to give advice on how the system works. If you listen to that
advice it can cost you thousands of dollars.
Here is some advice and misinformation that has been given from
time to time:
- If you have transferred any money you must wait at least three
years before you are permitted to apply for Medicaid.
- It is illegal to give away any assets and then apply for
Medicaid.
- You must spend everything you have until there is only $2,000
remaining and then you can apply.
- The government will take your house and other assets to pay for
the long term care.
- When you do apply, they will put you in a state-run facility.
- There is nothing you can do, just pay until you run out of
money.
- The state will hold your kids responsible for the cost of your
care.
- If you are married, put your half of the assets in a trust,
spend your spouses half and they will then be eligible.
- Give all your money to the kids and then apply.
These statements are either dangerous, completely false, or the
consequence can be avoided with advice from an attorney familiar with
all the rules and regulations. Get that advice as soon as it looks
like someone will need nursing home care. Timing is important both to
put appropriate planning in place and to get the individual eligible
as soon as possible so they can stop paying at the private rate the
nursing home charges.
Remember also that financial assistance is available for in-home
care. For more information please contact the Law Office of Paul C.
Moors.
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The Law Office of Paul C.
Moors
251 W. Calle del Estribo
Sahuarita, Arizona 85629
E-mail: info@elderlawtucson.com
(520) 321-0100
Fax: (520) 321-0133
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Tucson Lawyer practicing in the area of Elder Law