Elder Care Law Input

Jen_Moss

My mom was diagnosed with dementia a year ago, most likely Alzheimer's. She has been exhibiting dementia symptoms for six years or more, so the official diagnosis was not surprising. The doctor has asked us to not leave her home alone for more than an hour or two. She is still pretty active physically but has little to no short-term memory and asks the same questions/repeats the same things repeatedly, sometimes 5-10 times in a short period.

My brother and I exclusively care for her as we have been living with her after my dad passed away 20 years ago. She needed the help financially in the beginning and that progressed into the health-related help.

We are not sure how to plan for the future when the money to cover memory care living will have to come from her house and that uproots all of us. She does have medical durable power of attorney and financial POA in place.

I was recommended to seek out an elder care lawyer for advice, but I'm not sure if they can really assist in this situation and if it's worth the expense. I would appreciate any feedback from others who have used an elder care lawyer in a similar situation. Did you feel it was helpful and worth the expense?

M1

Welcome Jen. does she also have a valid will and living will? Probably the only additional thing an elder care lawyer could offer is advice about getting her qualified for Medicaid if she can't afford facility care any other way. It sounds like you think the sale of her property will cover her care; that may be a better bet than Medicaid anyway, as Medicaid does not cover memory care in most states. It does leave you and your brother to find other housing, though, and the ins and outs of whether to put the property in trust can be complicated. A certified elder law attorney in your state will know the details that apply to you. Some offer free initial consultation. You can find lists by location at nelf.org.

harshedbuzz

@Jen_Moss

I would urge you to see an Elder Law Attorney for Medicaid planning. Make an appointment asap. Saving money around legal advice can bite you in the butt.

While Medicaid is a federally funded program, states vary a bit in how it is administered. Medicaid for LTC has some available strategies that could allow mom to be placed in a facility when the time comes without having to sell her home. In some states it can be put into a trust, and many have a loophole that allows an adult child living with the parent and providing 2+ years of in-home care keeping her out of their program to keep the home as their residence. It sounds as if the latter may apply in your situation. Find an expert and ask.

HB

H1235

Usually there is a local department on aging. I would suggest giving them a call. They can give you more information on qualifications for Medicaid and other support services. It’s my understanding that a primary residence is exempt when figuring Medicaid eligibility. But in some states they can do estate recovery after she has passed. It is all very complicated. But I don’t know for sure and states are different. Elder law attorney may be the best way to go. But being they are expensive I would make sure you have a basic understanding before the visit. As I said it’s complicated and you don’t want to leave the lawyer more confused than when you started.

towhee

You really do need to know if Medicaid will pay for memory care/AL in your state, or if there is a program that will pay for daycare if you are working, or some in home assistance if you are not. While qualifications for nursing home care are fairly standard from state to state, AL/MC coverage is all across the board. This site can provide some info. https://www.medicaidplanningassistance.org/

Like HB said there is a program that will let you live in your mothers home, at least when it comes to skilled care (nursing home). It is probably too late for trusts, because there is a five year lookback period for medicaid. Do some research, and contact a lawyer for you to get information. You want one who knows the ins and outs of medicaid in your state, not just one who presses you about a trust (which your mom is likely unable to understand now anyway).