CELA questions

T. Slothrop

I have been working with a lawyer on my estate documents, but I recently learned he is NOT a CELA. So my question for this group is: What questions do I need to ask a CELA? Thanks in advance to all who offer their advice.

Tyrone

concerned_sister

Good question. I'm very interested in your responses as we have a CELA appointment coming up soon. Good luck with yours.

M1

Tyrone I think the most important question is whether he is qualified to help you navigate Medicaid application in your state. If he is not, you will need someone else.

Jeanne C.

Another source of elder law experts is NAELA https://www.naela.org/FindALawyer

I agree wholeheartedly with M1. The important thing is that the lawyer has expertise in your state's longterm care Medicaid process, if that's part of your plan. They need to be able to help you legally protect your assets, navigate the system, and truly understand what should be available to help you with your loved one.

concerned_sister

Tyrone,

I hope you don't mind if I piggy back.

Are there things we need to bring, such as a list of Assets (home current value incl home mtg still outstanding etc), debts (credit card balances and other loans). Current income and budget. In my imagination these things are needed to plan a spend down. Am I in the ballpark? (Our appointment is abt 2 weeks away.)

Babz0226

Ask about the 5 year look back period in your state

Jeanne C.

https://alzconnected.org/discussion/comment/204822#Comment_204822

If your lawyer is doing their job, they'll provide a checklist of things you need during the initial meeting. In our case it was deed and mortgage info, car titles, details of all accounts (bank, retirement, etc.), insurance information (life, health, home, car), receipts for any donations or big purchases in past 5 years, IDs (license, social, marriage certificate), salary info (W2s, prior year taxes). And probably other items I'm forgetting. As you go through the process you will need to provide updates to the things that change (accounts, receipts for anything over a certain amount). Because our lawyer was so thorough, we got the Medicaid application completed, submitted, and approved very quickly. It was a lot of work, but we were able to preserve the assets (through spend down into a Medicaid-compliant annuity) so I'm protected while getting a lot of services for my husband (homecare aides, meals, diapers, accessibility help). It's a clunky system seemingly designed to prevent you from succeeding, but an expert can get you through it.

concerned_sister

Jeane C. thank you! That list is very helpful, and not far from what I thought. The tax info was not in my mind, nor was the marriage certificate. You definitley highlight things I wouldn't thought of. I'm glad it's possible to get medicaid approved quickly. Years ago they had the reputation of rejecting everyone and seeing who was willing to fight for t. Your experience is very encouraging. And I thought I remembered purchaing an annuity was part of the strategy, but couldn't recall where I read that. DB was talking about taking money from his investment account and paying off the house. I've been saying the CELA might advise you to put it into an annuity instead, so it best to wait.

Tyrone, I hope this helps you as well. I hope you don't mind that I added my question.

charley0419

https://alzconnected.org/discussion/comment/204822#Comment_204822

depends on State , you need to pay down and at time of Medicade needs you need to change house to YOUR NAME ONLY

concerned_sister

Thanks Charely, we'll have to make sure that's discussed.

jfkoc

Please tell your famioly to not do anything until you have the OK from the CELA.

TyroneSlothrop

Thanks y’all! And concerned sister, of course your piggybacking is welcome!

I don’t expect to qualify for Medicare support; but I don’t want to be stupid. It’s surprising me to learn how few CELAs there are in San Francisco.

Tyrone