Needing guidance

beachbum

Still at the beginning of this journey ( well officially at least). DH 57 with EOAD confirmed via PET scan. He has his neuropsyche evaluation in June. We had a trust, advance directives, durable POA drawn up several years ago ( before everything). I called a CELA to have it looked over and make sure everything was in line. Was told she doesn’t do trust. So then I had a consultation with an elder lawyer yesterday. Explained what I had and that I wanted to make sure didn’t miss anything and try to prepare for Medicaid if needed. I also said DH still working but planning on quitting and applying for SSDI. In addition, I mentioned DH stated intention to VSED when the disease progresses ( advance directives state no life prolonging nutrition/hydration) . I know the VSED complete other discussion but I needed to discuss with attorney. This is what I was told

1. Don’t need to do anything now will do Medicaid planning later on. We have a rental home which I thought would disqualify but he said it wouldn’t. I question that
2. Said DH would be denied SSDI ( was planning on him quitting before applying)
3. Said if he quit eating and I did not put him in hospital I would go to jail. I ask about if I put him on hospice and he said DH would not be accepted for hospice.
   

To say the least I am confused, frustrated, pissed and so many other emotions. Do I call a SSD lawyer. I have a call into the law firm that did our trust , although they do not specify elder law and waiting on a call back. How can I help honor my DH wishes. He does not want to linger when his mind goes. Open to any suggestions.

M1

Take a deep breath, i would take everything said yesterday with a huge grain of salt. I wouldn't bring up the VSED thing with the attorneys; that's a long way off, and a lot could happen before it's even relevant. But i would find another attorney to help you with the SSDI and Medicaid issues. It's never too soon to do the Medicaid planning, so why he said that sounds off. And yes, he will need to quit working to apply for SSDI, but there's no other reason you've mentioned that should disqualify him from being approved.

I'd keep calling the attorneys who did your previous work until you get a call back. If they feel there's more than they can handle, maybe they would have a recommendation.

Iris L.

Consider this: go out on short term disability (sick leave) pending completion of whatever needs to be completed. This usually requires only a doctor's note and signature. During this time he can apply for SSDI, which requires a lot of documentation. Does the job offer long term disability insurance? Is he a veteran?

Iris

GothicGremlin

It sounds off to me too. With medicaid there is a five year look-back period, so if you think you're going to go that route, the time to start planning is now. Like M1 said, it'd be great if you could make contact with the attorneys who did the work. If not, then I'd see at least one more CELA.

I found this link about Medicaid's look-back period, just for some background.

Understand Medicaid's Look-Back Period; Penalties, Exceptions & State Variances from the American Council on Aging