Can anyone help with Attorney info?

Krberg

Hi everyone, I need some advice, my hubby has early onset Dementia and has been sick since 2000.  He is now 64, so he was 57 when all of this started.  Basically our marriage has been pretty much me just attending to his needs since we were married in June of 2000 right before he got sick.  It’s been so hard to watch him deteriorate but now I’m getting to a point where I worry about what to do if he needs long term care?  All we have is our home and a small inheritance from my mom, which is all I have to live on when I retire, but if we are still married when he goes into long term care in the state of CAlifornia they can take that money to use it, and I would essentially go broke.  Does anyone know how I go about getting out from under this?  Has anyone else divorced their spouse but stayed with them to care for them?  I’m trying so hard to do the right thing here, but I’m so lost…

Thank you so much.

Karly

Rescue mom

There are others here who know much more about California programs, and Medicaid (different in every state) than I, hopefully they’ll chime in. But it may help them  to know if you have a Dx, have you gone for SS disability? That’s often available for those under 65 with a diagnosis.

Your local Alzheimer’s Association can help and point you to local resources, including attorneys expert on this. (After the holiday weekend, usually). There’s also a free 24/7 national hotline, 1-800 number you can Google for. Ask for a care counselor.

I have a family member caring for her ex-husband, including getting him on Medicaid in FL and in a facility. But they split years before his Dx. And, as said, Medicaid is different in different states.

Quilting brings calm

I think you should talk to a lawyer about what happens if your spouse goes into a facility  and Medicaid is applied for only for him and NOT for you.   You would then  be a ‘community spouse’. I am pretty sure a California allows you as the non Medicaid spouse to keep more assets than you think.  In fact I think that California allows you to keep a good amount.

Note: I mentioned a facility,  that’s called institutional Medicaid,  the rules are different for that as opposed to him being at home and getting services there 

Crushed

1) what is the social security situation (either disability or regular ) that is critical

2) you would be a community spouse   in any case
3) Are you working ?   

I would see a social security lawyer right away  

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Jo C.

Hello Karly, you should be safe and not have to worry about your income and "small inheritance" in regard to Medi-Cal benefits for Long Term Care when you live in California.  I live in that state.

IMPORTANT:  Whenever you are looking for Medi-Cal information, be certain that you always use the year 2022 in your search and reading and that you are looking at the State of California only.  California has been making huge positive changes in Medi-Cal and will continue to do even more in the next two years.  (Also be certain that you are looking at Medi-Cal Long Term Benefits only; long term care benefits and qualifications are different from regular Medi-Cal.)

Most important thing  is to see a Certified Elder Law Attorney (CELA) for accurate information and to be certain you have all your legal paperwork in good order.  You will need that speciality as a general law attorney will not have the expertise a CELA does.

As for California in regard to Medi-Cal for Long Term Care 2022:

If you put your home and assets in a Revocable Living Trust, it does not go to probate and cannot be touched by Medi-Cal, even after the person receiving Medi-Cal benefits dies.  In other words, those non-probated Trust assets cannot be used by Med-Cal for pay back recovery. Your savings can go into the Trust, but 401s and IRAs by law cannot.  Regular savings and CDs, etc. can go into the Trust, this is a huge positive. Your attorney can explain all of this to you.

As of this month, (July 2022), the spouse not applying for Medi-Cal can keep up to $137,400 of savings; the applicant spouse can also have up to $130,000.  (If there is another person or more being cared for in the home, such as a dependent child whether a minor or dependent adult , then another $65,000 is permitted to be retained for that need for each extra person.)  NOTE:  Any income in your name only is not touched by Medi-Cal nor is it  counted as an asset.  So any pension, 401, IRA or other income in your name only is safe from being counted.

California also has a "look-back" period of only 30 months; most states have a five year look back.  Anything manipulated to give away or hide assets during the prior 30 months will bring a penalty by not qualifying for Medi-Cal for a period of time.  (Other states that is for five years which is really difficult.)

NOTE:  In less than two years, in California, in January of  2024, there will be no amount of savings taken into consideration at all - that $137,400 and $130,000 goes all the way up to whatever you have and appears to have no ceiling.

Here is a link to what is presently, in the year 2022, being used for Medi-Cal, but remember, if you have a Revocable Living Trust and any of your assets do not go to probate, they will be safe.

If your income would be under $3,435 per month when your spouse is placed into care, then part or all of your husband's income would be given to you to bring you up to that amount.

https://www.medicaidplanningassistance.org/medicaid-eligibility-california/

Remember; ALWAYS look for the year 2022 in doing online research and be certain you are looking at the State of California only; each state has different criteria and benefit allocations.

You should be okay, but it would put your mind at rest to have this all confirmed by a CELA.  A bit pricey, but worth the fee to have peace of mind and you will be safe and positioned well for the future. Some attorneys will let the first visit be free of charge; you can ask about this when contacting attorney's offices.

Best wishes and hope you do feel better about matters since you reside in California. 

J.