Comments on: Elder Law Today Show #4 Long Term Care Planning – The Way to Avoid Nursing Home Care http://elderlawtodaypodcast.com/elder-law-today-show-4-long-term-care-planning-the-way-to-avoid-nursing-home-care/ Wed, 26 May 2010 01:29:33 +0000 hourly 1 http://wordpress.org/?v=3.0.1 By: Yale Hauptman http://elderlawtodaypodcast.com/elder-law-today-show-4-long-term-care-planning-the-way-to-avoid-nursing-home-care/comment-page-1/#comment-242 Yale Hauptman Mon, 29 Mar 2010 00:11:02 +0000 http://elderlawtoday.libsyn.com/index.php?post_id=323925##comment-242 Medicaid rules vary from state to state so you should check with an elder law attorney in your state but I would say that it is likely that Medicaid will view most of the expense as a gift, or transfer for less than fair value. The cost of the trip for Mom would be OK and maybe, if Mom needed a companion to accompany her due to her health, the cost for that person as well, but not the other 14 people. While Mom may view it as "the government telling me how to spend my money", the State would look at it differently. It wants you to spend your money before you ask for someone else's. Nevertheless, it is probably a good idea to consult with a knowledgeable elder law attorney in your area to see what steps can be taken to make sure Mom's long term care needs will be met and at the same time, find a way for her to enjoy spending some of her hard earned savings on her family. Medicaid rules vary from state to state so you should check with an elder law attorney in your state but I would say that it is likely that Medicaid will view most of the expense as a gift, or transfer for less than fair value. The cost of the trip for Mom would be OK and maybe, if Mom needed a companion to accompany her due to her health, the cost for that person as well, but not the other 14 people. While Mom may view it as “the government telling me how to spend my money”, the State would look at it differently. It wants you to spend your money before you ask for someone else’s.

Nevertheless, it is probably a good idea to consult with a knowledgeable elder law attorney in your area to see what steps can be taken to make sure Mom’s long term care needs will be met and at the same time, find a way for her to enjoy spending some of her hard earned savings on her family.

]]> By: Bruce Kagawa http://elderlawtodaypodcast.com/elder-law-today-show-4-long-term-care-planning-the-way-to-avoid-nursing-home-care/comment-page-1/#comment-240 Bruce Kagawa Fri, 26 Mar 2010 22:15:40 +0000 http://elderlawtoday.libsyn.com/index.php?post_id=323925##comment-240 My mom is 85 years old and wants to take the family of 16 on an Alaskan cruise, cost her about $35,000.00. will Medicaid look at this as a gift? if yes, how can she get around this gift, still take the family on vacation and still qualify for Medicaid within 5 years. I have been searching the internet and unable to get a straight answer. I hope you can help my mom. She is very upset, said it's my money I can spend it how I want. Please help. Thank you. My mom is 85 years old and wants to take the family of 16 on an Alaskan cruise, cost her about $35,000.00. will Medicaid look at this as a gift? if yes, how can she get around this gift, still take the family on vacation and still qualify for Medicaid within 5 years. I have been searching the internet and unable to get a straight answer. I hope you can help my mom. She is very upset, said it’s my money I can spend it how I want. Please help. Thank you.

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