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Does anyone know if a person wanted to 'self-pay' for LTC withdrawing funds from a IRA- Is there a special 'Medicaid' clause in the tax code to allow medicaid funds drawn tax free? Seem to recall something about this but not sure. BTW- standard IRA, not roth.
I am sorry, I have to ask you if it is truly you wanting to hide the money left over so you can have an inheritance. My apologies if I am wrong, but I have the same problem except it is my sisters who are hiding Moms money from Medicaid and they admittely want it for themselves when mom passes. This is just a sore issue with me. I am currently seeking an attorney but my own funds are limited. I am POA and neither sister will tell me the whereabouts of moms money.
I work for an elderlaw attorney in Florida. I would not use a Medicaid annuity as if she has to go into a nursing home before the 5 years then all of those monthly income funds would go to the nursing home and upon her death then Medicaid would get all of those funds. There are Personal Services Contracts and Rental Real estate that you can use. Never ever try to do this all yourself. It is well worth the one month's fee of a nursing home to have an attorney figure all of this out for you. An attorney can save you about 72,0000.00 dollars a year in her care. Best seek out a certified Elderlaw attorney now so you can plan ahead. You also need to thing about how things are titled in the event she passes (will it go through probate?) We consider everything now, during and after in our practice. Good luck.
I can't believe that you would even ask such a thing online! In case you are not aware...... Itis against the law to hide money from Medicaid. When you sign to accecpt assistance from the state/government, you agree to certain terms. 1- is that any money over the limits for that particular state must be told to the state, and is cause for disqualifacation/dismissal from the program. If you deliberately hide money you could be required to pay the money back, and face possible fraud charges,and sentenced to jail. Now,.... are you sure you want to ask that question again? You need to figure this out on your own.
Dad is already on Medicaid, and I had to quickly spend down their assets to qualify (without legal advice). Every dollar was used to pay back legitimate debts, save one: $11,000.00 remaining on a home equity loan. Mom is the community spouse (living elsewhere). She has a PG/conservator. Dad and his guardian each receive $60.00 a month from his SS income. How do I legally protect Dad's 1/2 interest in the home, and contents, from those who wish to disburse/diminish/dissolve/distribute them?
Each state has different laws but in some states you can keep the home property from being considered part of the person's estate and therefore not subject to liens like Medicaid would have against the estate by making a survivorship deed where upon the person's death it immediately transfers to someone. I think you would still need to do this 5 years before needing to ask for Medicaid assistance. That is why estate planning is so important.
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By proceeding, I agree that I understand the following disclosures:
I. How We Work in Washington.
Based on your preferences, we provide you with information about one or more of our contracted senior living providers ("Participating Communities") and provide your Senior Living Care Information to Participating Communities. The Participating Communities may contact you directly regarding their services.
APFM does not endorse or recommend any provider. It is your sole responsibility to select the appropriate care for yourself or your loved one. We work with both you and the Participating Communities in your search. We do not permit our Advisors to have an ownership interest in Participating Communities.
II. How We Are Paid.
We do not charge you any fee – we are paid by the Participating Communities. Some Participating Communities pay us a percentage of the first month's standard rate for the rent and care services you select. We invoice these fees after the senior moves in.
III. When We Tour.
APFM tours certain Participating Communities in Washington (typically more in metropolitan areas than in rural areas.) During the 12 month period prior to December 31, 2017, we toured 86.2% of Participating Communities with capacity for 20 or more residents.
IV. No Obligation or Commitment.
You have no obligation to use or to continue to use our services. Because you pay no fee to us, you will never need to ask for a refund.
V. Complaints.
Please contact our Family Feedback Line at (866) 584-7340 or ConsumerFeedback@aplaceformom.com to report any complaint. Consumers have many avenues to address a dispute with any referral service company, including the right to file a complaint with the Attorney General's office at: Consumer Protection Division, 800 5th Avenue, Ste. 2000, Seattle, 98104 or 800-551-4636.
VI. No Waiver of Your Rights.
APFM does not (and may not) require or even ask consumers seeking senior housing or care services in Washington State to sign waivers of liability for losses of personal property or injury or to sign waivers of any rights established under law.
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I authorize A Place For Mom ("APFM") to collect certain personal and contact detail information, as well as relevant health care information about me or from me about the senior family member or relative I am assisting ("Senior Living Care Information").
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APFM may provide information to me electronically. My electronic signature on agreements and documents has the same effect as if I signed them in ink.
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If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
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This E-Sign Acknowledgement and Authorization applies to these Disclosures and all future Disclosures related to APFM's services, unless I revoke my authorization. You may revoke this authorization in writing at any time (except where we have already disclosed information before receiving your revocation.) This authorization will expire after one year.
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You consent to APFM's reaching out to you using a phone system than can auto-dial numbers (we miss rotary phones, too!), but this consent is not required to use our service.
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Hiding Money from Medicaid: Don't Do It
BTW- standard IRA, not roth.