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Beverly, you have to wait until five years after the last gift. Both Medicaid and VA do the five year look back now. So she is all yours until then. Paying the nurses: prove it with invoices from the nurses AND proof that the MD ordered the nursing care for her and not for both of you. Fortunately for you, Florida is not a "filial responsibility" state. PA is and in PA the nursing home sues the children and wins.
It looks like you are in Florida. Google Medicaid waiver Pace programs florida to get more information . And please make sure your lawyer is certified in ElderLaw. This is not a project for your nephew's friend who just passed the bar.
Who were they gifted to? It seems to me that that person should be part of the conversation. They should either be providing care or funds to pay for care until mom is past the penalty period. I would also be talking to an elder care at ornery so that there is understanding about how best to proceed by all parties.
Sometimes there are Medicaid waiver programs that don't require lookback.
What is a Medicaid waiver that gets around the 5 year loopback. My elder care attorney said there is no way around the loopback. Wait 3 years before...but she does not have enough income to cover the cost of the ALF without Medicaid. The funds were gifted to me in exchange for me taking care of her, as HCS DPOA and I have hired a few nurses to help me with the money she gave me. But now I am disabled and so I have a problem too.
Beverly, was a caregiver contract not set up to pay you for your services?
Talk to your local Area Agency On Aging to see if there Medicaid waiver programs that will fund a daycare program for mom. At least in some states, there is no lookback for those programs, what state are you in?
Beverly, your attorney is right. Look for insurance policies you can cash in for face value now (they would count as assets later on anyways) and keep records of the money you spent and continue to spend on care and it may help. On another post you mention income being overlimit and there is something called a Miller Trust that excess income can be put into. But the size of the gift is an issue and some things about it probably cannot be fixed in retrospect. In no way is the system set up to let anyone keep recently gifted assets and still get full long-term care support.
I already know what a lawyer would say. But I am NOT defrauding the system. I am the daughter as you know and I am not gaming the system in any way. I am taking care of my mother by hiring private nurses and drivers to help me do the things I cannot do (drive, stand in line to by groceries, etc.) with the money that she gifted to me. I am giving her a good life by keeping her at home. The private nurses charge me far less than a nursing home would cost since I only need them for 4 hours. You might be pissed because I'm playing games, but the amazing sympathy for the mother with dementia and the dearth of compassion for the disabled daughter who has to wait three years to fight the system she paid into for 35 straight years amazes me. I am a writer. I am interested in exposing nursing home corruption because I saw it firsthand when I put my Dad in a home. I would never do that to my Mom, knowing now what I did not know then. Sorry if I offended you.
The Alzheimers society told me that a nursing home should be used as a last resort and only in the final stages of dementia. A family caregiver who loves the person is always superior to even the best nursing home out there. So don't put your loved one in a home unless you have no choice.
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.
I agree that:
A.
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").
B.
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.
C.
APFM may send all communications to me electronically via e-mail or by access to an APFM web site.
D.
If I want a paper copy, I can print a copy of the Disclosures or download the Disclosures for my records.
E.
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.
F.
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.
Paying the nurses: prove it with invoices from the nurses AND proof that the MD ordered the nursing care for her and not for both of you.
Fortunately for you, Florida is not a "filial responsibility" state. PA is and in PA the nursing home sues the children and wins.
Same poster is the mother in the post
and the daughter in this one:
https://www.agingcare.com/questions/assets-gifted-then-spent-does-mother-get-denied-Medicaid-193637.htm
Sometimes there are Medicaid waiver programs that don't require lookback.
Talk to your local Area Agency On Aging to see if there Medicaid waiver programs that will fund a daycare program for mom. At least in some states, there is no lookback for those programs, what state are you in?
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