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Asked 7/23/2008

Asset protection

My elderly mother lives with me. She has SSI income of 720/month. She is on part A and B and D. I'm a only child. She has a Anuity of 50,000 with me as Benificuary. She has lived here since she had a (unable to diagnose episode) dementia last november. She is now very confused and unable to manage. She is a full time care. I'm a nusre and care for her full time. Is there a way to take the annuity out in costs for in home care to defer the asset. and be able to have her medicaid eligable in the near future. I see her in the near future requiring more intensive care. She does understand about her annuity at this time. What would you suggest.

 
 
 
 
Answers

Answer 1/2 - Submitted 3/18/2009

I am not an expert and you need an expert,but you might try a trust fund. They're are ways to keep your home and money and to get your m0m the help she needs. See a lawyer it is worth the money.

 
 

Answer 2/2 - Submitted 11/12/2009

Here is what you need to know: To qualify for Medicaid mom must have no more than $2,000 in assets. If the annuity is not an IRA is will be considered an asset and she will not be eligible for benefits.

Until you apply, however, she can do whatever she will with the money except give it away. That would create a penalty. So go ahead and spend as much money on her care as you wish. Just make sure you keep good records.

I don't know what state you are in but here in Florida we have what are know as Home and Community Based Services programs under Medicaid which assist with the cost of care in the home and an assisted living facility. If this is true in your state you should apply for benefits immediately.

Even though currently over resourced, a planning professional will help you restructure things so she can use her money and receive benefits.

By the way, was she or her husband a veteran? The Veterans Aid and Attendance Improved Pension may provide her another $1,000 per month.

Before you do anything, however, please be sure to have a well written and notarized Durable Power of Attorney.

For more information or help visit www.RalphRobbins.com

 
 
 
 
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