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My mom broke her hip 2 1/2 years ago. She has lived with me ever since. She is 96yrs old, major memory loss etc. She fell again recently and broke the other hip. She had surgery and is in rehab. We are getting her qualified for medicaid for long term care in this facility. The application is complete other than she has a prepaid funeral plan from 1990. I need a statement from funeral home stating it is irrevocable, otherwise the 5000. prepaid plan is considered an asset and she doesn't qualify. The funeral home keeps saying the advisor is busy and will call back. I have to wait by phone and it hasn't happened yet. Does anyone know if I can do this another way? I feel helpless, and at the funeral homes mercy. It is sad something this small can keep her from getting approved, but it is not a priority to the funeral home. It is Restland in Dallas, Tx.

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I am not sure if this is how I am supposed to respond to those that posted answers or not. I will try the number for the administrator of the funeral home next. To AlvaDeer Yes she has a contract. It is from 1990. At that time they were called PreNeed funeral plans. This was long before it became a stipulation by Medicaid that it has to be Irrevocable. This has come about by purchasing plans in your Spend down cash that is allowed to purchase a funeral. I guess people were purchasing plans to qualify, then selling them. IDK But as usual it affects the honest people to prove they will not do this. When my mom purchased her plan 30+ years ago, there was only Preneed which is what she bought and we have no intention of selling. Her funeral is locked in at the prices for 30+ years ago. I just need a statement from funeral home to satisfy Medicaid so she qualifies. I have the contract in hand. No place on contract for irrevocable.
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Catskie62 Apr 2023
I sent you a message. Send them a certified letter requesting the information you need. Hope things get resolved quickly. Best of luck
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It is sad that this is such a problem, but I am curious--does your mother not have a contract for this???? Because if not, what proof is there that she even has this agreement for a funeral? And would this "irrevocable aspect" not be listed in this document?

The other question I have is whether or not this funeral establishment is in your home town. Because you do have free speech rights and this is delaying something important. I am afraid my next call would be to notify them that I would be picketing with a sign in front of their establishment: A sign that said "Before you choose this establishment, talk with ME". I would also tell them I will speak with the newspapers or local stations if you must.

You have been nice, and this is entirely inappropriate on their part. I surely do wish you luck.

I would, if you are able, ask our admins to remove the name of the establishment from your post. While I doubt they could make any case against you, and pretty certain they couldn't WIN one, you still don't want to defend yourself in court.
Again, good luck. I sure hope you will update us. And I am sorry your family is going through all this pain and trauma.
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Diadon56 Apr 2023
Thank you for the info on how to respond on the forum.
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Contact the state agency that regulates the industry, probably the insurance commissioner.
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I agree with vegaslady. Funeral Homes can not hold funds generally the money is placed in a "trust" that an insurance company has.
And I am sure the Funeral Home is operated by an "umbrella" company (for lack of a better term that my mind can't find now) and the Parent company may be quicker to give you answers,.

Well from the info you gave in your question I found this on the Restland website
COMPLAINTS CONCERNING PERPETUAL CARE CEMETARIES OR PREPAID CONTRACTS SHOULD BE DIRECTED TO: TEXAS DEPARTMENT OF BANKING 2601 NORTH LAMAR BLVD. AUSTIN, TX 78705 1-877-2765554 (TOLL FREE) WWW.DOB.TEXAS.GOV
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That place has terrible reviews on Yelp.

Put the request in writing, tell them you need it returned by X date. Send a self-addressed, stamped envelope with it and send it via registered mail.

That way you have proof you sent it, and by making it look more "official," they may deal with a bit more efficiently.
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Your Moms contract should read if its an irrevocable trust. If it doesn't it probably isn't. Its probably more like an insurance policy. If so, see if its got cash in value. If so, cash it in and do a Medicaid prepaid funeral. If it is more like an insurance policy with no cash in value, then it cannot be considered an asset. Then the question is who is the beneficiary?

I took Moms insurance cash in to buy a prepaid plan. Yes its a trust and says Medicaid trust on it and its irrevocable. Meaning, that what you don't spend on the funeral reverts back to Medicaid. There are things Medicaid allows besides just the funeral service. I think flowers and some other things. Those weren't covered for Mom because her money only covered the service. A funeral director should know.
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