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What If It Were Your Mother?
By Michelle Beneski, Esq.
VA Benefits, Medicaid and More!
Sara called the office in a panic. Sara’s mother, Elizabeth, was in the hospital after having a heart attack. Sara was being told that Elizabeth needed to go to a nursing home for rehabilitation and depending on how she recovered, she might or might not get to go back home. The hospital wants to know what nursing home Elizabeth wants to be transferred to.
Elizabeth is an eighty-five year old widow. Sara is her only child. Sara moved back to Massachusetts five years ago to care for her mother. She moved in with her mother and assists Elizabeth with paying the bills, grocery shopping, laundry, taking her to doctor’s appointments, etc. Sara, who is sixty-two, works part time in a local office.
Sara asked us how to pick a nursing home for Elizabeth and what would I do if Elizabeth were my mother. She explained that Elizabeth only has fifteen hundred dollars a month in social security, about seventy-five thousand dollars in savings and owns her own home. Elizabeth is very stressed about the cost of her nursing home care and is afraid she will lose her home because of it.
I met with Sara and Elizabeth at the hospital. I gave them a copy of our Southeastern Massachusetts Nursing Home and Assisted Living Guide which helps families pick a nursing home, get good care, and pay for it without going broke. You can order one for free by calling (800)929-0491 or ordering it on line at MaNursingHomeHelp.com.
I explained that Elizabeth’s rehabilitation care would be paid for by Medicare and her supplemental insurance for up to 100 days. I also explained that when rehabilitation was over, Elizabeth would need to private pay for her care unless she went home. Nursing homes in Massachusetts average $274 per day or $100,000 per year. Elizabeth’s money would be gone in less than a year! Sara asked what would happen when the money was gone. I explained that Elizabeth could apply for Medicaid to pay for her care. Elizabeth did not want to apply for Medicaid because she heard that if she did “the state will take my house.”
Sara is committed to bringing Elizabeth home but Elizabeth will need substantial care and Sarah can’t afford to quit her job to take care of Elizabeth. Elizabeth told me her husband Joe had been a World War II fighter pilot. After some questioning, I informed Elizabeth that as a surviving spouse of a war veteran she probably qualified for up to $1,056 a month to help pay for her care either at the nursing home or at home. This would stretch her savings further.
Also, because Sara and Elizabeth have been living together in Elizabeth’s home for the past 5 years, we could probably give the home to Sara without creating any Medicaid penalty. The home could be protected! Elizabeth was shocked! She thought it was too late, that any gift of the home to Sara had to be made 5 years in advance. While this is generally true, there is a narrow exception in the law for a child whose care of a parent keeps the parent out of the nursing home for at least two years.
I also explained that Elizabeth could pay Sara to take care of her at home using a family care contract. This way, Sara could quit her job and stay home to take care of Elizabeth. The VA money ($1,056 a month) could be used to pay Sara.
After the meeting was over, Sara and Elizabeth both felt so much better knowing that the home could be saved. Elizabeth could come home and there would be money available to help pay for her care.
Medicaid and Veteran’s benefit planning is extremely complicated. Get the help of an experienced elder law attorney. While sometimes actions can be taken at the last minute to protect your home and assets, that is not always the case. The sooner you act to protect yourself, your loved ones, and your assets, the better off you will be. Know your rights! Discover how you can protect yourself.
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Michelle Beneski, Esq.
Michelle D. Beneski, Esq. is a partner in the Surprenant & Beneski, P.C. located in New Bedford, Massachusetts. The firm concentrates on Elder Law and Estate Planning Issues.
She is a frequent speaker and author on estate planning topics.
Michelle is a graduate of Pepperdine University School of Law, Cum Laude and holds L.L.M. in Taxation from the University of Florida, College of Law. She is a member of the National Academy of Elder Law Attorneys, Wealth Counsel and the Bristol County Estate Planning Council.
We meet with our clients for Free every three years to ensure the documents still work for them. Surprenant & Beneski, P.C. charges $500 for an initial estate planning consultation. However, this consultation fee will be waived if you reference this article.
If you would like more information on Medicaid planning, call for our Free Consumers Guide to Medicaid Planning or our free report 25 Ways You Can Mess Up Your Estate Plan or to make an appointment for a consultation, call our toll free number (800)929-0491 for a recorded message or call our office at 508-994-5200.
Feel free to contact Michelle at 508-994-5200 or visit www.myfamilyestateplanning.com
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